An Act To Update Professional and Occupational Licensing Laws
Maine Legislature, Session 123, LD 1842
Committee: Business, Research and Economic Development
Sponsors: BROMLEY, RECTOR, SCHNEIDER, AUSTIN, BEAUDETTE
Amends: 9 MRSA §5002, 9 MRSA §5003, 9 MRSA §5005-B, 9 MRSA §5009, 9 MRSA §5016, 10 MRSA §1404, 10 MRSA §8003, 10 MRSA §9004, 10 MRSA §900, 10 MRSA §9009, 10 MRSA §9010, 10 MRSA §9021, 10 MRSA §9045, 10 MRSA §904, 10 MRSA §9071, 10 MRSA §9072, 10 MRSA §9083, 10 MRSA §9043, 32 MRSA §63-A, 10 MRSA §9088, 32 MRSA §63-B, 32 MRSA §64-B, 32 MRSA §212, 32 MRSA §66, 32 MRSA §68, 32 MRSA §213, 32 MRSA §210, 32 MRSA §211, 32 MRSA §216, 32 MRSA §218, 32 MRSA §220, 32 MRSA §220-A, 32 MRSA §220-B, 32 MRSA §221, 32 MRSA §222, 32 MRSA §223-A, 32 MRSA §223-B, 32 MRSA §225, 32 MRSA §288, 32 MRSA §289, 32 MRSA §291-A, 32 MRSA §292, 32 MRSA §4, 32 MRSA §454, 32 MRSA §502, 32 MRSA §502-A, 32 MRSA §503-A, 32 MRSA §503-B, 32 MRSA §504, 32 MRSA §505, 32 MRSA §551, 32 MRSA §554, 32 MRSA §556, 32 MRSA §557, 32 MRSA §553-A, 32 MRSA §1101, 32 MRSA §1105, 32 MRSA §1151, 32 MRSA §1153, 32 MRSA §1155-A, 32 MRSA §1155-B, 32 MRSA §1, 32 MRSA §1202, 32 MRSA §1451-A, 32 MRSA §1452, 32 MRSA §1451, 32 MRSA §1452-A, 32 MRSA §1455-A, 32 MRSA §1501, 32 MRSA §1503, 32 MRSA §1503-A, 32 MRSA §1526, 32 MRSA §1527, 32 MRSA §1505, 32 MRSA §1507, 32 MRSA §152, 32 MRSA §1522, 32 MRSA §1524, 32 MRSA §1524-A, 32 MRSA §1529, 32 MRSA §1530, 32 MRSA §2274, 32 MRSA §2275, 32 MRSA §2276, 32 MRSA §2283, 32 MRSA §2284, 32 MRSA §2285, 32 MRSA §2286, 32 MRSA §2280-A, 32 MRSA §2282, 32 MRSA §2311, 32 MRSA §2313-A, 32 MRSA §2315, 32 MRSA §2353, 32 MRSA §2356, 32 MRSA §2357, 32 MRSA §2358, 32 MRSA §2401-B, 32 MRSA §3111, 32 MRSA §3111-A, 32 MRSA §2403, 32 MRSA §2404, 32 MRSA §3112, 32 MRSA §3113-B, 32 MRSA §3114-A, 32 MRSA §3117-A, 32 MRSA §3114-B, 32 MRSA §3115, 32 MRSA §3116, 32 MRSA §3403, 32 MRSA §3118, 32 MRSA §3404, 32 MRSA §3501, 32 MRSA §3504, 32 MRSA §35, 32 MRSA §3602, 32 MRSA §3604, 32 MRSA §3605-B, 32 MRSA §3651-A, 32 MRSA §36, 32 MRSA §3651-C, 32 MRSA §3652, 32 MRSA §3655-A, 32 MRSA §3656, 32 MRSA §38, 32 MRSA §3811-A, 32 MRSA §3811-B, 32 MRSA §3812, 32 MRSA §3813, 32 MRSA §3816, 32 MRSA §3818, 32 MRSA §3821, 32 MRSA §3822, 32 MRSA §3824, 32 MRSA §3832, 32 MRSA §3837, 32 MRSA §3837-A, 32 MRSA §3834, 32 MRSA §3836, 32 MRSA §3839, 32 MRSA §4859, 32 MRSA §4861, 32 MRSA §4862, 32 MRSA §4870, 32 MRSA §4906-A, 32 MRSA §4907, 32 MRSA §4906, 32 MRSA §490, 32 MRSA §4909, 32 MRSA §4912, 32 MRSA §4913, 32 MRSA §4915, 32 MRSA §4919, 32 MRSA §4920, 32 MRSA §5503, 32 MRSA §5509, 32 MRSA §5509-A, 32 MRSA §5512, 32 MRSA §5513, 32 MRSA §5514, 32 MRSA §5515, 32 MRSA §6203, 32 MRSA §6203-A, 32 MRSA §6204, 32 MRSA §6210, 32 MRSA §6213-B, 32 MRSA §6215, 32 MRSA §6215-A, 32 MRSA §6117-A, 32 MRSA §6217-B, 32 MRSA §6219, 32 MRSA §7002, 32 MRSA §7026, 32 MRSA §7030, 32 MRSA §7053-A, 32 MRSA §7054-A, 32 MRSA §7057, 32 MRSA §7059, 32 MRSA §7059-A, 32 MRSA §7060, 32 MRSA §7062, 32 MRSA §9703, 32 MRSA §970, 32 MRSA §9704, 32 MRSA §9707-A, 32 MRSA §9708, 32 MRSA §9709, 32 MRSA §9712, 32 MRSA §9713, 32 MRSA §9, 32 MRSA §9855, 32 MRSA §9859, 32 MRSA §9860, 32 MRSA §9860-A, 32 MRSA §9903, 32 MRSA §9904, 32 MRSA §9907, 32 MRSA §9908, 32 MRSA §9909, 32 MRSA §9910, 32 MRSA §991, 32 MRSA §12201, 32 MRSA §12214, 32 MRSA §12229, 32 MRSA §12240, 32 MRSA §12241, 32 MRSA §12251, 32 MRSA §12252, 32 MRSA §12273, 32 MRSA §12273-A, 32 MRSA §12275, 32 MRSA §12274, 32 MRSA §12276, 32 MRSA §12277, 32 MRSA §12502, 32 MRSA §12503, 32 MRSA §12503-A, 32 MRSA §12505, 32 MRSA §12505-A, 32 MRSA §12512, 32 MRSA §12525, 32 MRSA §12526, 32 MRSA §13001, 32 MRSA §13062, 32 MRSA §13063, 32 MRSA §13065, 32 MRSA §13066, 32 MRSA §13067, 32 MRSA §13067-A, 32 MRSA §13068, 32 MRSA §13069, 32 MRSA §13172, 32 MRSA §13191, 32 MRSA §13175, 32 MRSA §13192, 32 MRSA §13194, 32 MRSA §13182, 32 MRSA §13195, 32 MRSA §13196, 32 MRSA §13501, 32 MRSA §13503, 32 MRSA §13507, 32 MRSA §13197, 32 MRSA §13702, 32 MRSA §13517, 32 MRSA §13712, 32 MRSA §1371, 32 MRSA §13716, 32 MRSA §13721, 32 MRSA §13722, 32 MRSA §13723, 32 MRSA §13724, 32 MRSA §13731, 32 MRSA §13732, 32 MRSA §13733, 32 MRSA §13742-A, 32 MRSA §13741, 32 MRSA §13751, 32 MRSA §13752, 32 MRSA §13752-A, 32 MRSA §13758, 32 MRSA §13762, 32 MRSA §13782-A, 32 MRSA §13796, 32 MRSA §13851, 32 MRSA §13852, 32 MRSA §13854, 32 MRSA §13861, 32 MRSA §13858, 32 MRSA §13859, 32 MRSA §13860, 32 MRSA §13902, 32 MRSA §13903, 32 MRSA §13904, 32 MRSA §13905, 32 MRSA §1390, 32 MRSA §13909, 32 MRSA §14003, 32 MRSA §14012, 32 MRSA §14006, 32 MRSA §14013, 32 MRSA §14014, 32 MRSA §14014-A, 32 MRSA §14203, 32 MRSA §14021, 32 MRSA §14023, 32 MRSA §1402, 32 MRSA §14026, 32 MRSA §14204, 32 MRSA §14029, 32 MRSA §14202, 32 MRSA §1420, 32 MRSA §14211-A, 32 MRSA §14212, 32 MRSA §14213, 32 MRSA §14224, 32 MRSA §14228, 32 MRSA §14225, 32 MRSA §14229, 32 MRSA §14226, 32 MRSA §14229-A, 32 MRSA §14227, 32 MRSA §14230, 32 MRSA §14231, 32 MRSA §14232, 32 MRSA §14233, 32 MRSA §14234, 32 MRSA §14235, 32 MRSA §14236-A, 32 MRSA §14237, 32 MRSA §14245, 32 MRSA §14246, 32 MRSA §14247, 32 MRSA §14249, 32 MRSA §14250, 32 MRSA §14302, 32 MRSA §14306-D, 32 MRSA §14306-E, 32 MRSA §14306-F, 32 MRSA §1430, 32 MRSA §14309, 32 MRSA §14351, 32 MRSA §14355, 32 MRSA §14353, 32 MRSA §14357, 32 MRSA §14358, 32 MRSA §14359, 32 MRSA §14360, 32 MRSA §14361, 32 MRSA §14361-A, 32 MRSA §14362, 32 MRSA §14504, 32 MRSA §14, 32 MRSA §14508, 32 MRSA §14512, 32 MRSA §14513, 32 MRSA §14704, 32 MRSA §14702, 32 MRSA §14703, 32 MRSA §14706, 32 MRSA §14711, 32 MRSA §14715, 32 MRSA §14802, 32 MRSA §14804, 32 MRSA §14803, 32 MRSA §14805, 32 MRSA §14806, 32 MRSA §14807, 32 MRSA §14808, 32 MRSA §14810, 32 MRSA §14812, 32 MRSA §14813, 32 MRSA §14814, 32 MRSA §15103, 32 MRSA §15104-A, 32 MRSA §15108-C, 32 MRSA §15109, 32 MRSA §15104-C, 32 MRSA §15105, 32 MRSA §15118, 32 MRSA §15121, 32 MRSA §15205, 32 MRSA §15206, 32 MRSA §15225-A, 32 MRSA §15206-A, 32 MRSA §15210, 32 MRSA §15216-C

Legislative Document 
No. 1842 
S.P.659 
April 6, 2007 
An Act To Update Professional and Occupational Licensing Laws 
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 Senator BROMLEY of Cumberland. 
JOy J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative RECTOR of Thomaston and Senator: SCHNEIDER of 
Penobscot, Representatives: AUSTIN of Gray, BEAUDETTE of Biddeford. 
" 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 9 MRSA §5002, as amended by PL 2005, c. 497, §I, is further amended 
to read: 
§5002. Intent 
It is the intent of the Legislature to require the FegistFatisR licensure and financial 
reporting of charitable organizations, professional solicitors, professional fund-raising 
counsel and commercial co-venturers and the bonding of professional solicitors and 
commercial co-venturers. 
Sec. A-2. 9 MRSA §5003, sub-§3, as amended by PL 2005, c. 497, §2, is further 
II 
amended to read: 
3. Commercial co-venturer. "Commercial co-venturer" means any person who, for 
profit, is regularly and primarily engaged in trade or commerce in this State, other than in 
connection with the raising of funds for charitable organizations or purposes, and who 
conducts a sale, performance, event or collection and sale of donated goods that is 
advertised in conjunction with the name of any charitable organization. Any such person 
who will benefit in good will only may not be considered a commercial co-venturer if the 
collection and distribution of the proceeds of the sale, performance or event, or the 
collection and sale of donated goods, are supervised and controlled by the benefiting 
charitable organization. 
Any such person whose annual contributions to charitable 
organizations do not exceed $10,000 is exempt from the registFlltisfi licensure 
requirement under section 5002. 
Sec. A-3. 9 MRS A §5004, as amended by PL 2005, c. 497, §§6 to 8, is further 
amended to read: 
§5004. Licensure of charitable organizations 
Charitable organizations saall register must be licensed as follows. 
1. License applications by charitable organizations. The following provisions 
govern registFlltisfi statemeflts license applications by charitable organizations. 
A. 
Unless exempt pursuant to section 5006, a charitable organization that intends to 
solicit, accept or obtain contributions in this State or to have contributions solicited, 
accepted or obtained on its behalf within this State shall file a registFlltisfi statemeflt 
license application with the office at least 30 days before soliciting, accepting or 
obtaining contributions in each year in which the organization is engaged in 
soliciting, accepting or obtaining contributions. The charitable organization shall 
identify any affiliate organizations or chapters on its registratisR statemeRt license 
application. 
I 
B. 
A parent organization may file a consolidated registratioH statemeHt license 
application for its affiliates, chapters and branches in this State and shall pay a single 
fee for such a consolidated registratioH statemeFlt license application. 
C. 
Before appro ... al of its stateme!l:t issuance of a license by the office in accordance 
with section 5008, a charitable organization ihat is required to file an initial 
registratioFl statemeFlt license application or annual renewal statemeFlt application 
may not solicit, accept or obtain contributions or have contributions solicited, 
accepted or obtained on its behalf by any other person, charitable organization, 
commercial co-venturer or professional solicitor, or participate in charitable sales 
promotion. 
2-A. Fee for license application. Charitable organizations shall pay the ~ 
application fee aFle the reEjuiree, initial fee and the reEjuiree renewal fee as set under 
section SOlS-A. The application fee is nonrefundable. 
3. Content of license application. The eommissioFler shall flreseriae the farm of 
registratioFl statemeFlts. These stateml!flts A license application must be sworn to or 
affirmed by the principal officer of any charitable organization and must contain the 
following information, which must be updated within 10 days when any change occurs in 
the information filed: 
A. 
The name of the organization and the purpose for which it was organized; 
B. 
The principal address of the organization and the address of any offices in this 
State, or, if the organization does not maintain an office, the name and address of the 
person having custody of its financial records; 
C. 
The names and addresses of any chapters, branches or affiliates in this State; 
D. 
The place where and the date when the organization was legally established, the 
form of its organization and a reference to any determination of its tax-exempt status 
under the United States Internal Revenue Code; 
E. 
The names and addresses of the officers, directors or trustees and the principal 
salaried executive staff officer; 
F. 
A statement as to whether the organization intends to solicit contributions from 
the public directly or have such done on its behalf by others; 
G. 
The name and address of any professional fund-raising counsel, professional 
solicitor or commercial co-venturer who acts or will act on behalf of the charitable 
organization and terms ofremuneration of the counsel, solicitor or co-venturer; 
H. 
A statement as to whether the organization is authorized by any other 
governmental authority to solicit contributions and whether it is or has ever been 
enjoined by any court from soliciting contributions; 
I. 
The purpose or purposes for which the contributions to be solicited llflal! will be 
used; 
K. 
The name or names under which it intends tb solicit contributions; 
r 
I 
IS 
L. 
The names of the individuals or officers of the organizations who will have final 
responsibility for the custody of the contributions; 
M. 
The names of the individuals or officers of the organization responsible for the 
final distribution of the contributions; 
N. 
The total amount of money received as contributions during the organization's 
preceding fiscal year and the dates of the fiscal year; and 
O. 
The estimated peFee!l:tage of eaeh dollar eOFltriautioFl that will ae elEpeHeee iH 
MaiHe; aHe 
P. 
A determination letter from the federal Internal Revenue Service, confirming the 
tax-exempt status of the charitable organization. 
4. Renewal of licensure as charitable organization. The following provisions 
govern the application and qualifications for renewal of a registratioFl license as a 
charitable organization. 
A. 
A person or entity that holds a valid registratioFl license must submit to the office 
a completed application for renewal prior to the date of expiration of the registratioFl 
license. A registratioFl elEflires OFI the stated eate of e*fliratioFl. The dl!!3artml!flt shall 
mail aFl ft!3plieatioFl farm to the registFaFlt's last lffio· .... fi aeeress Hot less thaa 3(;) days 
flrior to Ihe elEfliralioFl eale of the eurreFlI regislratioH. 
B. 
An application for license renewal may not be considered far apprO'Jal until it is 
complete. 
If the application is incomplete, the applicant must include a letter 
documenting the specific reasons the application is incomplete. If that letter is not 
included, the incomplete application must be returned for completion. 
C. 
A charitable organization that submits an application for renewal after the 
expiration date must include with the application: 
(I) A financial report covering the most recently audited fiscal year; 
(2) 
The ~ 
filing fee and the reEjuired fae fer license renewal ef 
regislratioFl fee as set under section 50 15-A; and 
(3) A completed application. 
D. 
The complete packet for renewal of registratioFl license application must include 
all the requirements identified in subsection 3 as well as the following: 
(1) An audited financial statement, including federal Internal Revenue Service 
and Schedule A forms or a 990 EZ form. Failure to file an audited financial 
statement of the organization's most recent audited fiscal year may be grounds for 
disciplinary action as provided under Title 10, section 8003, subsection 5. The 
office shall adopt rules governing the content of the audited financial statement. 
Rules adopted pursuant to this subparagraph are routine technical rules pursuant 
to Title 5, chapter 375, subchapter 2-A;-and" 
(2) The HomemHeaaie fee far rl!flewal ofregistratioH. 
Sec. A-4. 9 MRSA §5005-B, as enacted by PL 2003, c. 541, §IO, is amended to 
read: 
" 
II 
:'3 
-+ 
2(, 
v 
, I 
§5005-B. 
Annual fund-raising activity reports to be filed by charitable 
organizations 
1. Content of report. A charitable organization shall submit to the office an annual 
fund-raising activity report that reflects data from the preceding calendar year, on a form 
prescribed by the office, at least 60 days prior to the registratisH license expiration date: 
The report must state, at a minimum, the following: 
A. 
The charitable organization's name, mailing address, telephone number and 
registratise license number; 
B. 
The name, mailing address, telephone number and registratise license number of 
each professional solicitor, professional fund-raising counsel and commercial co-
venturer with which the charitable organization contracts; 
C. 
The date of each fund-raising campaign; 
D. 
The total dollar amount raised during each fund-raising campaign; 
E. 
The total dollar amount received by the charitable organization from each fund-
raising campaign and for the year; 
F. 
The total dollar amount retained by any professional solicitor from each fund-
raising campaign and for the year; 
G. 
The total amount paid to any professional fund-raising counsel from each fund-
raising campaign and for the year; and 
H. 
The total amount received from any commercial co-venturer from each fund-
raising campaign and for the year. 
2. Failure to file; discrepancies. Failure to file the annual fund-raising activity 
report required under this section or disagreement between the report filed by the 
charitable organization and that submitted by the professional solicitor, professional fund-
raising counsel or commercial co-venturer with which the charitable organization has 
contracted may result in disciplinary action as provided under Title 10, section 8003, 
subsection ~ 5-A. 
.. Contracting with unlicensed entities prohibited. A charitable organization may 
not contract with an lnH"egistered unlicensed professional solicitor, professional fund-
raising counselor commercial co-venturer. A violation of this subsection may result in 
disciplinary action as provided under Title 10, section 8003, subsection ~ 5-A. 
Sec. A-S. 9 MRSA §SOO6; as amended by PL 2001, c. 323, §5, is further amended 
to read: 
§5006. Exemptions from license requirements 
1. Exemption. The following charitable organizations, persons and institutions are 
exempt from the Hlffig license requirements of section 5004: 
A. 
Organizations that solicit primarily within their membership and where 
solicitation activities are conducted by members. For purposes of this paragraph, the 
term "membership" does not include those persons who are granted a membership 
upon making a contribution as a result of a solicitation; 
C. 
Persons soliciting contributions for the relief of any individual specified by name 
at the time of the solicitation, when all of the contributions collected, without any 
deductions whatsoever, are turned over to the named beneficiary for that individual's 
use; 
D. 
Charitable organizations that do not intend to solicit and receive and do not 
actually solicit or receive contributions from the public in excess of $1 0,000 during a 
calendar year or do not receive contributions from more than 10 persons during a 
calendar year, if all fund-raising activities are carried on by persons who are unpaid 
II 
for their services and if no part of the assets or income inures to the benefit of or is 
paid to any officer or member. If a charitable organization that does not intend to 
solicit or receive contributions from the public in excess of $10,000 during a calendar 
year does actually solicit or receive contributions in excess of that amount, whether 
or not all such contributions are received during a calendar year, the charitable 
organization sftaIl, within 30 days after the date contributions reach $10,000, registef 
must be licensed with and report to the Office of Licensing and Registration as 
required by this Act; 
E. 
Educational institutions, the curriculums of which in whole or in part are 
registered or approved by the Department of Education, either directly or by 
acceptance of accreditation by an accrediting body recognized by the Department of 
Education, and organizations operated by the student bodies of such institutions; and 
F. 
Hospitals that are nonprofit and charitable. 
3. Procedures for claiming exemption from licensure. A charitable organization 
claiming to be exempt under subsection I must submit to the office annually on forms 
prescribed by that office and accompanied by the ~ 
fee as set under section 
IS-A, a sworn statement setting forth the name and address of the organization and its 
principal executive personnel, the purpose of the organization and the factual basis for the 
exemption. The organization claiming exemption must include a copy of any financial 
statement, report or return filed with the federal Internal Revenue Service. The office 
shall issue annually a leiter sf an exemption to those organizations considered exempt 
under subsection I. 
Sec. A-6. 9 MRSA §S008, as amended by PL 2005, c. 497, §§9 to 12, is further 
amended to read: 
§SOOS. 
License renewal, records and reporting by professional solicitors, 
professional fund-raising counsel and commercial co-venturers 
1. 
Licensure. 
A person or entity may not act as a professional solicitor, a 
professional fund-raising counselor a commercial co-venturer before that person or entity 
has registered 'Nita received a license from the office. Applications for registratise ar 
reregistflltiae initial or renewal licensure must be in writing, under oath, in the form 
prescribed by the office and accompanied by an application fee and a registratisH license 
fee as set under section 5015-A. The atltllieatise fee is esmefillldaele. The applicant, 
except for applicants that are registerieg licensed as professional fund-raising counsel, 
shall. at the time of making application for registratiea er reFegistFatiea initial or renewal 
licensure, file with and must have approved by the office a bond, in which the applicant 
must be the principal obligor and the State the obligee, in the sum of $25,000, with one or 
the conclusion of each specific instance in which that person acts as a professional 
solicitor, professional fund-raising counselor commercial co-venturer. 
more responsible sureties whose liability in the aggregate as such sureties at least equals 
3-A. Annual fund-raising activity reports to be filed by professionnl solicitors, 
that sum. The bond runs to any person or entity who may have a cause of action against 
professional fund-raising counsel and commercial co-venturers. Filing of annual 
the principal obligor of the bond for any malfeasance or misfeasance in the conduct of 
fund-raising activity reports by professional solicitors, professional fund-raisers and 
charitable solicitation in this State. Registratiea Licensure is for a period of one year. 
commercial co-venturers is governed by this subsection. 
I-A. 
Renewal of license as professional solicitor, professional fund-raising 
counselor commercial co-venturer. The following provisions govern application and 
qualification for renewal registratiea licensure as a professional solicitor, professional 
fund-raising counselor commercial co-venturer. 
A. 
Each professional solicitor, professional fund-raising counsel or commercial co-
venturer shall file with the office an annual fund-raising activity rcport on a form 
prescribed by the office at least 60 days prior to the registratiea ,liceQs.!; expiration 
date that reflects data from the preceding calendar year. The report rr.ust state, at a 
minimum, the following: 
(I) 
The name, mailing address, telephone number and ~ttea license 
number of the professional solicitor, professional fund-raising counselor 
commercial co-venturer making the report; 
A. 
An entity that holds a valid registFatiea license must submit a completed 
application for renewal before the date of expiration of the registFatiea license. A 
registFatiea eKpires ea the stated date ef eKpiratiea. 
The eniee shall mail aa 
ttpplieatiea feFffi te the registFaat's last kHev.'fl address. 
(2) 
The name. mailing address, telephone number and FegistFatieH license 
number of each charitable organization with which the professional solicitor, 
professional fund-raising counselor commercial co-venturer has contracted; 
B. 
An application may not be considered for approval until complete. If the 
application is incomplete, the applicant must include a letter documenting the specific 
reasons the application is incomplete. If no such letter is included, the incomplete 
application must !!lID::: be returned for completion. 
(3) The date of any fund-raising campaign in which the professional solicitor, 
C. 
The complete application packet must include: 
professional fund-raising counselor commercial co-venturer was involved; 
(1) All forms required in this section; 
(4) The total dollar amount raised during each fund-raising campaign; 
(5) The total dollar amount remitted to the charitable organization from each 
fund-raising campaign and for the year; 
(2) 
Except for professional fund-raising counsel, a bond approved by the 
department in the sum of $25,000 with one or more responsible sureties whose 
liability in the aggregate as such sureties at least equals that sum. The bond must 
(6) The total dollar amount retained by the professional solicitor from each 
expire on the stated date of expiration and be kept on file in the office for 3 years; 
fund-raising campaign and for the year; 
and 
(3) A ~ 
license renewal efregistratiea fee as set under section 5015-A. 
(7) The total dollar amount received by the professional fund-raising counsel 
from each func)-raising campaign and for the year; and 
(8) The total dollar amount remitted by the commercial co-venturer from each 
fund-raising campaign and for the year. 
D. 
A professional solicitor or commercial co-venturer who submits aa applieatiea 
fer a license renewal efregistratiea application must submit: 
(I) A bond in the sum of$25,000 that expires on the stated date of expiration; 
B. 
Failure to file the annual fund-raising activity report or disagreement between 
that report and the report submitted by the charitable organization with which the 
professional solicitor, professional fund-raising counselor commercial co-venturer 
has contracted may result in disciplinary action as provided under Title 10, section 
(2) A license renewal ef registFatiea fee as set under section 50 15-A; and 
(3) The completed application. 
G. 
A professional fund-raising counsel who is applying for it license renewal ef 
8003, subsection ~ 5-A. 
registFatiea must submit: 
C. 
Contracting with an tlHfegistered unlicensed entity is prohibited and may result 
(I) A license renewal efregistFatiea fee as set under section 5015-A; and 
in disciplinary action as provided under Title 10, section 8003, subsection ~ 5-A. 
(2) A completed renewal application. 
4. Exemption. This section does not apply to a national bank, a federal savings 
bank, a subsidiary of a national bank or federal savings bank or any other financial 
institution or credit union chartered under the laws of the United States or any state and 
subject to supervision and regulation by a federal financial regulatory agency. 
2. 
Records. A professional solicitor, professional fund-raising counselor 
commercial co-venturer shall maintain accurate and complete books and records of fund-
raising activities and telephone solicitation scripts and shall keep those books and records 
available for inspection by the Attorney General or the office for a period of 3 years after 
"J 
·1 
Sec. A-7. 9 MRSA §5009, sub-§I, as amended by PL 2003, c. 541, §13, is 
further aJ . 'lded to read: 
1. Contracts to be filed. All contracts entered into between a professional solicitor, 
a professional fund-raising counselor a commercial co-venturer and any charitable 
organization, whether or not the organization is exempted under section 5006, must be in 
writing, and a true and correct copy of each contract must be filed by the professional 
solicitor, professional fund-raising counselor commercial co-venturer who is a party to 
the contract with the office before services are performed under the contract. 
The 
contract must contain the following: 
A. 
A statement of the charitable purpose for which a solicitation campaign is being 
conducted; 
B. 
In the case of a professional solicitor, a statement of the percentage of gross 
proceeds collected to be paid to the charitable organization; and 
C. 
The signatures and legibly printed or typed names of individuals representing the 
contracting parties. 
True and sorrest sopies of sontrasts Contracts must be kept on file in the offices of the 
charitable organization and the professional solicitor, professional fund-raising counselor 
commercial co-venturer during the term of the contract and for 3 years after the date of 
solicitation of contributions provided for in the contract. 
Sec. A-S. 9 MRSA §5009, sub-§2, as enacted by PL 1999, c. 386, PI. A, §17, is 
repealed. 
Sec. A-9. 9 MRSA §5016, as amended by PL 1999, c. 386, Pt. A, § 19, is repealed. 
Sec. A-IO. 9 MRS A §5017, as amended by PL 2005, c. 497, § 13, is repealed and 
the following enacted in its place: 
§5017. Denial or refusal to renew license; disciplinary action 
The commissioner may deny, refuse to renew a license or impose the disciplinary 
sanctions authorized under Title 10, section 8003, subsection 5-A for any of the reasons 
enumerated in Title 10, section 8003, subsection 5-A, paragraph A. 
PARTB 
Sec. B-1. 10 MRSA §1404, sub-§2, as enacted by PL 1973, c. 435, is amended to 
read: 
2. Corrective action. That the manufacturer or dealer or both shall take appropriate 
corrective action at the site of the meffite manufactured home in instances of substantial 
defects in materials or workmanship, which become evident within one year from the 
date of the delivery of the meffite manufactured home to the consumer, provided the 
consumer or hls the consumer's transfcree gives written notice of such defects to the 
manufacturer or dealer at theiF the manufacturer's or dealer's business address not later 
than one year and 10 days after date of delivery~~ 
PARTC 
Sec. C-l. 10 MRSA §SOOI, sub-§38, as amended by PL 1999, c. 399, §2 and 
affected by §20 and amended by PL 2001, c. 261, §5, is further amended to read: 
38. Office of Licensing and Registration. Office of Licensing and Registration. 
The Office of Licensing and Registration is composed of the following: 
A. 
Board of Accountancy; 
D. 
Maine State Board for Licensure of Architects, Landscape Architects and 
Interior Designers; 
E. 
Maine Athletic Commission; 
F. 
Board of Licensing of Auctioneers; 
G. 
Board of Barbering and Cosmetology; 
H. 
Board of Chiropractic Licensure; 
H-I. 
Board of Complementary Health Care Providers; 
I. 
Board of Driver Education; 
1. 
Board of Counseling Professionals Licensure; 
K. 
Board of Licensing of Dietetic Practice; 
L. 
Electricians' Examining Board; 
M. 
Board of Licensure of Foresters; 
N. 
State Board of Funeral Service; 
O. 
State Board of Certification for Geologists and Soil Scientists; 
P. 
Board of Hearing Aid Dealers and Fitters; 
Q. 
Board of Licensure for Professional Land Surveyors; 
R. 
Manufactured Housing Board; 
S. 
Nursing Home Administrators Licensing Board; 
T. 
Board of Occupational Therapy Practice; 
U, 
Oil and Solid Fuel Board; 
V. 
Maine Board of Pharmacy; 
W. 
Board of Examiners in Physical Therapy; 
Y. 
Plumbers' Examining Board; 
Z. 
Board of Licensure of Podiatric Medicine; 
AA. 
State Board of Examiners of Psychologists; 
BB, 
Radiologic Technology Board of Examiners; 
CC. 
Board of Real Estate Appraisers; 
DD. 
Board of Respiratory Care Practitioners; 
EE. 
State Board of Social Worker Licensure; 
FF. 
Board of Examiners on Speech Pathology and Audiology; 
GG. 
State Board of Alcohol and Drug Counselors; 
HH. 
State Board of Veterinary Medicine; 
II. Propane and Natural Gas Board; 
JJ. 
Real Estate Commission; 
KK. 
Board of Boiler Rules; and 
LL. 
Board of Elevator and Tramway Safety. 
The Office of Licensing and Registration also administers the following regulatory 
functions: 
licensure of athletic trainers; registratisH licensure of massage therapists; 
licensure of interpreters for the deaf and hard-of-hearing; registratisH licensure of persons 
pursuant to the Charitable Solicitations Act; and registratisH licensure of transient sellers, 
including door-to-door home repair transient sellers. 
Sec. C-2. 10 MRSA §8003, suh-§5, as amended by PL 2005, c. 474, §l, is 
further amended to read: 
5. Authority of bureaus, offices, boards or commissions. In addition to authority 
otherwise conferred, unless expressly precluded by language of denial in its own 
governing law, each bureau, office, licensing board and commission within or affiliated 
with the department may take one or more of the following actions, except that this 
subsection does not apply to the Bureau of Financial Institutions or the Office of 
Licensing and Registration, including the licensing boards and commissions and 
regulato!), functions within the Office of Licensing and Registration. 
A-I. 
For each violation of applicable laws, rules or conditions of licensure or 
registration, the bureau, office, board or commission may take one or more of the 
following actions: 
(1) Issue warnings, censures or reprimands to a licensee or registrant. Each 
warning, censure and reprimand issued must be based upon violations of different 
applicable laws, rules or conditions of licensure or must be based upon separate 
instances of actionable conduct or activity; 
(2) Suspend a license or registration for up to 90 days for each violation of 
applicable laws, rules and conditions of licensure or registration or for instance of 
actionable conduct or activity, Suspensions may be set to run concurrently or 
consecutively. Execution of all or any portion of a term of suspension may be 
stayed pending successful completion of conditions of probation, although the 
suspension remains part of the licensee's or registrant's record; 
(2-A) Revoke a license or registration; 
.. .. 
(3) Impose civil penalties of up to $1,500 for each violation of ~pplicable laws, 
rules and conditions of licensure or registration or for instances of actionable 
conduct or activity; and 
(4) Impose conditions of probation upon an applicant, licensee or registrant. 
Probation may run for such time period as the bureau, office, board or 
commission determines appropriate. Probation may include cond;tions such as: 
additional continuing education; medical, psychiatric or mental health 
consultations or evaluations; mandatory professional or occupational supervision 
of the applicant, licensee or registrant; and other conditions as the bureau, office, 
board or commission determines appropriate. Costs incurred in th;: performance 
of terms of probation are borne by the applicant, licensee or registrant. Failure to 
comply with the conditions of probation is a ground for disciplinary action 
against a licensee or registrant. 
B. 
The bureau, office, board or commission may execute a consent agreement that 
resolves a complaint or investigation without further proceedings. Consent 
agreements may be entered into only with the consent of: the applicant, licensee or 
registrant; the bureau, office, board or commission; and the Department of the 
Attorney General. Any remedy, penalty or fine that is otherwise available by law, 
even if only in the jurisdiction of the Superior Court, may be achieved by consent 
agreement, including long-term suspension and permanent revocation of a 
professional or occupational license or registration. A consent ~gTl~ement is not 
subject to review or appeal, and may be modified only by a writing executed by all 
parties to the original consent agreement. A consent agreement is enforceable by an 
action in Superior Court. 
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) 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'~ 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 be in noncompliance 
with a bureau, office, board or commission order or consent agreement; 
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(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 2-A. 
D. 
The bureau, office, board or commission may require surrender of licenses and 
registrations. 
In order for a licensee's or registrant's surrender of a license or 
registration to be effective, a surrender must first be accepted by vote of the bureau, 
office, board or commission. Bureaus, offices, boards and commissions may refuse 
to accept surrender of licenses and registrations if the licensee or registrant is under 
investigation or is the subject of a pending complaint or proceeding, unless a consent 
agreement is first entered into pursuant to this chapter. 
E. 
The bureau, office, board or commission may issue letters of guidance or 
concern to a licensee or registrant. Letters of guidance or concern may be used to 
educate, reinforce knowledge regarding legal or professional obligations and express 
concern over action or inaction by the licensee or registrant that does not rise to the 
level of misconduct sufficient to merit disciplinary action. The issuance of a letter of 
guidance or concern is not a formal proceeding and does not constitute an adverse 
disciplinary action of any form. Notwithstanding any other provision of law, letters 
of guidance or concern are not confidential. The bureau, office, board or commission 
may place letters of guidance or concern, together with any underlying complaint, 
report and investigation materials, in a licensee's or registrant's file for a specified 
amount of time, not to exceed 10 years. Any letters, complaints and materials placed 
on file may be accessed and considered by the bureau, office, board or commission in 
any subsequent action commenced against the licensee or registrant within the 
specified time frame. Complaints, reports and investigation materials placed on file 
are only confidential to the extent that confidentiality is required pursuant to Title 24, 
chapter 21, the Maine Health Security Act. 
F. 
A bureau, office, board or commission may establish, by rule, procedures for 
licensees in another state to be licensed in this State by written agreement with 
another state, by entering into written licensing compacts with other states or by any 
other method of license recognition considered appropriate that ensures the health, 
safety and welfare of the public. Rules adopted pursuant to this paragraph are routine 
technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A. 
G. 
Notwithstanding any other provision of law, any bureau, office, board or 
commission within or affiliated with the department may issue a temporary license 
for a period of 6 months and waive all licensing requirements, except for fees, to any 
applicant upon a showing of current, valid licensure in that profession in another 
state. 
.' 
The jurisdiction to suspend and revoke occupational and professional licenses conferred 
by this subsection is concurrent with that of the District Court. Civil penalties must be 
paid to the Treasurer of State. 
Any nonconsensual disciplinary action taken under authority of this subsection may be 
imposed only after a hearing conforming to the requirements of Title 5, chapter 375, 
subchapter I¥ 1, and, except for revocation actions, is subject to judicial review 
exclusively in the Superior Court in accordance with Title 5, chapter 375, subchapter ¥II 
1. 
Any nonconsensual revocation of an occupational or professional license taken under 
authority of this subsection is subject to, upon appeal within the time frames provided in 
Title 5, section 11002, subsection 3, de novo judicial review exclusively in District Court. 
Rules adopted to govern judicial appeals from agency action apply to cases brought under 
this section. 
Sec. C-3. 10 MRS A §8003, sub-§5-A is enacted to read: 
5-A. Authority of Office of Licensing and Registration. In addition to authority 
otherwise conferred, unless expressly precluded by language of denial in its own 
governing law, the Office of Licensing and Registration, referred to in this subsection as 
"the office," including the licensing boards and commissions and regulatory functions 
within the office, have the following authority. 
A. The office, board or commission may deny or refuse to renew a license, may 
suspend or revoke a license and may impose other discipline as authorized in this 
subsection for any of the following reasons: 
(I) The practice of fraud, deceit or misrcmresentation in obtaining a license from 
a bureau, office, board or commission. or in connection with services rendered 
while engaged in the occupation or profession for which the person is licensed; 
(2) 
Any gross negligence, incompetence, misconduct or violation of an 
applicable code of ethics or standard of practice while engaged in the occupation 
or profession for which the person is licensed; 
(3) Subject to the limitations of Title 5, chapter 341, conviction of a Class A. B 
or C crime or of a crime that bears directly on the licensed profession or 
occupation; 
(4) Any violation of the governing law ofan office, board or commission; 
(5) Any violation of the rules of an office, board or commission; 
(6) Engaging in any activity requiring a license under the governing law of an 
office, board or commission that is beyond the scope of acts authorized by the 
license held; 
(7) Continuing to act in a capacity requiring a license under the governing law of 
an office, board or commission after expiration, suspension or revocation of that 
license; 
(8) Aiding or abetting unlicensed practice by a person who is not licensed as 
required by the governing law of an office, board or commission; 
I 
II 
IS 
(9) Noncompliance with an order or consent agreement of an office, board or 
(;ommission; 
(10) Failure to produce any requested documents in the licensee's possession or 
under the licensee's control concerning a pending complaint or proceeding or any 
matter under investigation; or 
(1 I) 
Any violation of a requirement imposed pursuant to paragraph D, 
subparagraph (I) or (2). 
.8. The office, board or commission may impose the following forms of discipline 
upon a licensee or applicant for licensure: 
(I) Denial or refusal to renew a license, or issuance of a license in conjunction 
with the imposition of other discipline; 
(2) 
Issuance of warning, censure or reprimand. 
Each warning, censure or 
reprimand issued must be based upon violation of a single applicable law, rules 
or condition of licensure or must be based upon a single instance of actionable 
conduct or activity; 
(3) Suspension of a license for up to 90 days for each violation of applicable 
laws, rules or conditions of licensure or for each instance of actionable conduct or 
activity. Suspensions may be set to run concurrently or consecutively. Execution 
of all or any portion of a term of suspension may be stayed pending successful 
completion of conditions of probation, although the suspension remains part of 
the licensee's record; 
(4) Revocation of a license; 
(5) Imposition of civil penalties of up to $1.500, or such greater amount as may 
be authorized by statute, for each violation of applicable laws, rules or conditions 
of licensure or for each instance of actionable conduct or activity; 
(6) 
Imposition of conditions of probation upon an applicant or licensee. 
Probation may run for such time period as the office, board or commission 
determines appropriate. Probation may include conditions such as: additional 
continuing education; medical, psychiatric or mental health consultations or 
evaluations; mandatory professional or occupational supervision of the applicant 
or licensee; practice restrictions; and other conditions as the office, board or 
commission determines appropriate. Costs incurred in the performance of terms 
of probation are borne by the applicant or licensee. Failure to comply with the 
conditions of probation is a ground for disciplinary action against a licensee. 
C. The office, board or commission may execute a consent agreement that resolves a 
complaint or investigation without further proceedings. Consent agreements may be 
,:ntered into only with the consent of the applicant or licensee; the office, board or 
commission; and the Department of the Attorney General. Any remedy, penalty or 
fine that is otherwise available by law, even if only in the jurisdiction of the Superior 
Court, may be achieved by consent agreement, including long-term suspension and 
permanent revocation of a professional or occupational license. A consent agreement 
b not subject to review or appeal and may be modified only by a writing executed by 
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I 
all parties to the original consent agreement. A consent agreement i~_eJlforceable by 
an action in Superior Court. 
D. The office, board or commission may: 
(1) Require all applicants for license renewal to respond to all iilqg;ries set forth 
on renewal forms; 
(2) Require all licensees and applicants for licensure to report in yliriting any of 
the following to the office, board or commission no later than lo_days after the 
change or event. as the case may be: 
(a) Change of name or address; 
(b) Criminal conviction; 
(c) Revocation, suspension or other disciplinarY action takl"l.in this or any 
other jurisdiction against any occupational or professional iir.;r.ll§e held by the 
applicant or licensee; or 
(d) Any material change in the conditions or qualificatiops ;let forth in the 
original application for licensure submitted to the 
oftic~, board or 
commission. 
(3) 
Except as provided in Title 37-8. section 390-A, adopt rules requlOng 
continuing professional or occupational education and require applicants for 
license renewal to present proof of satisfactory completion of continuing 
professional or occupational education in accordance with such r .. !les. Failure to 
comply with the continuing education rules is punishable by nQnrenewal of the 
license and other discipline authorized by this subsection. Notwithstanding any 
contrary provision set forth in the governing law of an office, board or 
commission, continuing education requirements may coincide with the license 
renewal period. 
Rules adopted pursuant to this subparagrapb are routine 
technical rules as described in Title 5, chapter 375, subchapter 2 .. A~ 
(4) Issue continuing education deferments in cases of undue hardship; 
(5) Grant inactive status licenses to licensees in accordance with rules that may 
be adopted by each office, board or commission. The fee for an inactive status 
license may not exceed the statutory fee cap for license renewal set forth in the 
governing law of the office, board or commission. Licensees in inactive status 
are required to pay license renewal fees for renewal of an inacti'/~ status license 
and may be required to pay a reinstatement fee as set by the Director of the 
Office of Licensing and Registration if the license is reactivated or. a date other 
than the ordinary renewal date of the license. Any rules of &n oftice. board or 
commission regulating inactive status licensure must describe the.9bligations of 
an inactive status licensee with respect to any ongoing continuing education 
requirement in effect for licensees of the office, board or cOnllrission and must 
set forth any requirements for reinstatement to active status. WbiQh requirements 
may include continuing education. Rules adopted pursuant to t[;:,;;_subparagraph 
are routine technical rules as described in Title 5, chapter 37:; 
~uhchapter 2-A; 
and 
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(6) 
Delegate to staff the authority to review and approve applications for 
licensure pursuant to procedures and criteria established by rule. Rules adopted 
pursuant to this subparagraph are routine technical rules as described in Title 5, 
chapter 375, subchapter 2-A. 
E. The office, board or commission may require surrender of licenses. In order for a 
within 30 days of the applicant's receipt of written notice of the denial of the application, 
the reasons for the denial and the applicant's right to reguest a hearing. 
The office, board or commission may subpoena witnesses, records and documents in any 
adjudicatory hearing it conducts. 
licensee's surrender of a license to be effective, a surrender must first be accepted by 
vote of the office, board or commission. The office, board or commission may refuse 
to accept surrender of a license if the licensee is under investigation or is the subject 
of a pending complaint or proceeding, unless a consent agreement is first entered into 
pursuant to this subsection. The consent agreement may include terms and conditions 
Any nonconsensual revocation of a professional or occupational license taken under 
authority of this subsection is subject to, upon appeal within the time frames provided in 
Title 5, section 11002, subsection 3, de novOJRdicial review exclusively in District Court. 
S 
Rules adopted to govern judicial appeals from agency action apply to cases brought under 
this subsection. 
. 
for reinstatement. 
Sec. C-4. 10 MRS A §8003-A, as amenged by PL 1995, c. 502, Pt. H, §II, is 
F. The office, board or commission may issue a letter of guidance or concern to a 
II 
repealed and the following enacted in its place: 
licensee. 
A letter of guidance or concern may be used to educate, reinforce 
knowledge regarding legal or professional obligations or express concern over action 
§8003-A, Complaint investigation 
or inaction by the licensee that does not rise to the level of misconduct sufficient to 
merit disciplinary action. The issuance of a letter of guidance or concern is not a 
formal proceeding and does not constitute an adverse disciplinary action of any form. 
Notwithstanding any other provision of law, letters of guidance or concern are not 
confidential. The office, board or commission may place letters of guidance or 
concern, together with any underlying complaint, report and investigation materials, 
1. Affiliated boards. In aid of their investigative authority, the licensing boards and 
commissions affiliated with the department pursuant to section 8001-A may issue 
subpoenas in the name of the relevant licensing board or commission, in accordance with 
the terms of Title 5, section 9060, except that the authority applies to any stage of an 
investigation and is not limited to an adjudicatory pr~i:e!!ging. 
in a licensee's file for a specified period of time, not to exceed 10 years. Any letters, 
complaints and materials placed on file may be accessed and considered by the 
office, board or commission in any subsequent action commenced against the 
licensee within the specified time frame. 
Complaints, reports and investigation 
materials placed on file are confidential only to the extent that confidentiality is 
required pursuant to Title 24, chapter 21. 
2. Office of Licensing and Registration. The Office of Li£ensing and Registration, 
including the licensing boards and commissions andr!!gulatoiY functions within the 
office, may receive, initiate and investigate complaints alleging any ground for 
disciplinary action set forth in section 8003, subsection 5-1\. To assist with complaint or 
other investigations, or as otherwise considered necessary for the fulfillment of their 
responsibilities, the office, boards and commissions may hold hearings and may issue 
G. The office, board or commission may establish, by rule, procedures for licensees 
subpoenas for witnesses, records and documents in the name o(ihe office, board or 
in another state to be licensed in this State by written agreement with another state, 
commission, as the case may be, in accordance with the terms of Title 5, section 9060, 
by entering into written licensing compacts with other states or by any other method 
except that the subpoena authority applies to any stage or type of an investigation and is 
of license recognition considered appropriate that ensures the health, safety and 
not limited to an adjudicatory hearing held pursuant to section 8003, subsection 5-A. 
welfare of the pUblic. Rules adopted pursuant to this paragraph are routine technical 
rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Investigative personnel of the Office of Licensing and Registration, during the normal 
conduct of their work for boards, commissions and regulatory functions within the office, 
The jurisdiction to suspend and revoke occupational and professional licenses conferred 
may conduct investigations, issue citations, serve summonses and order corrections of 
by this subsection is concurrent with that of the District Court. Civil penalties must be 
violations in accordance with specific statutory authority. When specific authority does 
paid to the Treasurer of State. 
not exist to appeal an order to correct, that process must be established by rule by the 
Any nonconsensual disciplinary action taken under authority of this subsection other than 
respective board. 
denial or nonrenewal of a license may be imposed only after a hearing confonning to the 
requirements of Title 5, chapter 375, subchapter 4, and, except for revocation actions, is 
subject to judicial review exclusively in the Superior Court in accordance with Title 5, 
chapter 375, subchapter 7. 
3. Dispositions available to the public. Upon disposition of each complaint and 
investigation, the office and all boards and commissions shall make such disposition 
available to the pUblic. 
The office, board or commission shall hold a hearirlK-gonforming to the requirements of 
Title 5, chapter 375, subchapter 4 at the written request of any person who is denied an 
Sec. C-S. 10 MRS A §8003-C, sub-§S, as enacted by PL 1999, c. 687, Pt. C, §12, 
is amended to read: 
initial or renewal license without a hearing for any reason other than failure to pay a fee, 
provided that the request for hearing is received by the office, board or commission 
5. Unlicensed practice; injunctions. The Attorney General may bring an action in 
Superior Court to enjoin any person from violating subsection 4, whether or not 
proceedings have been or may be instituted in District Court or whether criminal 
I 
proceedings have been or may be instituted, and to restore to any person who has suffered 
any ascertainable loss by reason of that violation any money or personal or real property 
that may have been acquired by means of that violation and to compel the return of 
compcnsation received for engaging in that unlawful conduct. 
I 
C. 
One member who is a professional engineer with demonstrated experience in 
construction and building technology; 
D. 
One member who is a dealer; 
A person who violates the terms of an injunction issued under this subsection shall pay to 
the State a fine of not more than $10,000 for each violation. In any action under this 
E. 
One member who is an owner or operator of a mobile home park with 15 or 
fewer lots; 
subsection, when a permanent injunction has been issued, the court may order the person 
F. 
One member who is an owner or operator of a mobile home park with more than 
against whom the permanent injunction is issued to pay to the General Fund the costs of 
lots; 
the investigation of that person by the Attorney General and the costs of suit, including 
attorney's fees. In any action by the Attorney General brought against a person for 
G. 
One member who is a builder of manufactured housing; and 
II 
violating the terms of an injunction issued under this subsection, the court may make the 
H. 
One member with a minimum of2 years of practical experience in building code 
necessary orders or judgments to restore to any person who has suffered any ascertainable 
loss of money or personal or real property or to compel the return of compensation 
administration and enforcement and with current employment as a code enforcement 
II 
officer. 
. 
received by reason of such conduct found to be in violation of an injunction. 
The term of office of the members is 4 years. Appointment of a member must comply 
with ~ 
section 6Q 8009. A member of the board may be removed for cause by the 
Governor. 
Sec. C-6. 10 MRS A §8009 is enacted to read: 
§8009. Standardized terms 
4. Ditties. Tho board shall admiRister aRd eRforoo this ohllfltor. 
Notwithstanding any other provision of law. upon expiration of a professional or 
occupational licensing board member's term. that member serves until a successor is 
appointed. The successor's term commences at the expiration of the preceding term, 
regardless of the date of appointment. A vacancy occurring prior to the expiration of a 
6. Organi~ation. The board sh II 
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mombers as ohair aRd ORe o;:t;; a :~a ), I~ the m~flth of JaRUary, eloet ORe of its 
mom ors as "leo ehal 
Tfl 
h' 
. 
abseRee tho vieo shair. shall eall and aresido at al~me;tiH:~ &fide h e ~Ir, or IR tho ehair's 
earlRl!s. 
specified term must be filled by appointment of a similarly qualified individual as a 
replacement. The replacement member serves for the remainder of the unexpired term. 
regardless of the date of appointment. 
7. Meetings; chair; quorum. The board shall meet at least once a year to conduct 
its business and to elect a chair. Additional meetings must be held as necessary to 
conduct the business of the board and may be convened at the call of the chair or a 
Sec. C-7. 32 MRS A §60, as amended by PL 1999, c. 687, Pt. D, §§I and 2, is 
repealed. 
majority of the board members. Five members of the board constitute a quorum. TIle 
board shall meet at the wRtteR retjliost of the aireotoF or of a majoRty of the memBers of 
tho board. Tflo board shall dOtermiRO tho timo and alaee of meetiRl!s. At least a mOetiRI!S 
PART D 
ller ealeRaar year FRIIst BO held. 
8. AdministratioR. ~Iot later thaR Aligust 1 st of oash yoar, tho board shall slillmit to 
the GommissioRor of ProfessioRal aRd FiRaReial RogulatioR for tfle llreeodiRg fiseal year 
oRdiRg lliRo 39tfl an lHlfffial rOllort of its olleratioRs aRd fiRaReial flositiOR. togother w.jth 
Sec. D-l. 10 MRS A §9003, as amended by PL 1999, c. 687, Pt. F, §I, is further 
amended to read: 
§9003. Manufactured Housing Board 
BommeRts aRa reeommoRdatioRS tho boara eORsiaers ossefltial. 
1. Established. The Manufactured Housing Board, established by Title 5, section 
12004-A, subsection 22 and loeatod witHiR the D6fJartmoflt of ProfessioRal aRd FiRaReial 
RegulatioR, has tfle resfloRsibility of admiRisteriRg aRd oRforeiRg this ehBflter. Tflo board, 
9. Federal funds and other fundin 
i'Hnds from tho Foderal GO',,6FRFReRt a d gt~ourees •. The board may seelE and reeeive 
aetivities \mder thls efl!iflter. slilliost to:: a 
or"llt~le or flnv~to. BOluees to flirther its 
e llflarOva a the eOH1ffilSSIORer. 
consists of 9 members appointed by the Governor. 
2. Composition of board; terms of members. The members of the board mHSt 
include: 
HI. Manufaetured housing aeeount \-II fl 
. 
to the Troaslirer of State aRd FRIIst be ered'; d ;m:s reeewod b)' tho board FRIIst be flaid 
hOlisrnl1' assoliflt iR assordaneo witfl soetioRI8~9!OF~ 0 boolEs to the board's maRUfaettired 
B. 
Three public members, as defined in Title 5. section 12004-A, at least one of 
Sec. D-2. 10 MRSA §9004, sub-§I, as amended by PL 1993, c. 642, §II, is 
whom lives in manufactured housing; 
further amended to read: 
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1. 
Executive director. The €BHlR~ Commissioner of Professional and 
Financial Regulation may appoint or remove for cause, with the advice of the board, an 
executive director who is the principal administrative and supervisory employee of the 
Department of Professional and Financial Regulation for the board. The executive 
director shall attend meeting:; of the board, keep records of the proceedings of the board 
and direct and supervise the personnel employed to carry out the purposes of this chapter. 
Sec. D-3. 10 MRS A §900S, as amended by PL 1999, c. 687, PI. E, § I, is repealed. 
Sec. D-4. 10 MRSA §900S-A is enacted to read: 
§900S-A. Powers and duties 
The board shall administer and enforce the provisions of this chapter. 
The board shall propose, revise, adopt and enforce rules necessary to carry out this 
chapter in accordance with the provisions of Title 5, chapter 375, subchapter 2. Rules 
adopted pursuant to this section arc routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. The board may delegate the enforcement authority to employees. 
Sec. D-S. 10 MRSA §9009, as amended by PL 2005, c. 344, §§8 to 10, is further 
amended to read: 
§9009. Investigations; suspensions; revocations 
1. 
Investigations. The board is authorizcd to conduct any inspections and 
investigations as may be necessary to carry out responsibilities under this chapter. The 
board is authorized to contract with local governments and private inspection 
organizations to carry out such inspection functions to the extent not prohibited by federal 
law, rule or regulation. 
2. In'lestigatian af eamplaints; Te'lacatian aT snspensian af licenses. TRe Board 
sRall investigate or Gause to be investigated all complaints made to the board and all cases 
of noncompliance "lith or violation of this chapter or of a '""arranty applicable to the 
manufacture or installation of manufactured housing. Notwithstanding Title 5, section 
10051, if the board after notice and a hearing finds that the manufacturer, dealer, 
de'leloper dealer, installer or meehaniG has violated this shapter, the rules adepted 
pursuant to this chapter or an applicable warranty, the board may file a complaint with the 
District Court to revoke or suspend the license or approval of thtl manufacturer, dealer, 
developer dealer, installer or mecRanie. If the board does not find reasonable grounds to 
believe that a violation of this chapter or breach of an applieable warranty has oecurred, 
the board shall enter an order so finding and dismiss the proceeding. The beard, for 
reasons it considers suffiGient, may reissue a license to any persen whose lieense has btlen 
revoked if3 or more membtlfs of the board vote in favor of this reissu3nee. 
3. Remedies for manufacturing defects. The board staff !iflall ~ 
investigate all 
complaints made to the board of noncompliance with or violation of chapter 213 or a 
warranty applicable to the sale of manufactured housing. If the board finds, after hearing, 
that a manut~~cturer, dealer or developer dealer has sold, or is making available for sale, 
.. 
manufactured housing that poses a threat to public health or safety or has failed to comply 
with chapter 213 or an applicable warranty, express or implied, the board may order the 
manufacturer, dealer or developer dealer or any combination thereof to take appropriate 
corrective action. 
Corrective action may include, but is not limited to, reimbursing 
consumers for repairs that are covered by warranty and made by the consumer if the 
consumer notifies the dealer, developer dealer or manufacturer in writing of the defect 
within a reasonable time prior to undertaking the repairs and the board finds that the 
repairs are or were necessary to correct or prevent an imminent threat to health or safety 
or to the structure of the manufactured housing. l>lotwithstanding Title S, seetion 1 QQS 1, 
the The board may also revoke or suspend the license of the manufacturer, dealer, 
II 
developer dealer or any combination thereof to prevent any future threat to public health 
or safety. Notwithstanding the provisions of Title 10, section 8003, subsection 5-A, 
revocations ordered by the board are subject to judicial review exclusively in the Superior 
Court in accordance with Title 5, chapter 375, subchapter 7. This subsection applies to 
any new manufactured housing that is sold to a consumer after January I, 1993. 
4. 
Remedies for installation defects. The board staff shall ~ 
investigate all 
complaints made to the board of noncompliance with or violation of chapter 213 or a 
warranty applicable to the installation of manufactured housing. If the board finds, after 
hearing, that the installation of manufactured housing poses a threat to public health or 
safety or does not comply with the board's installation standards, chapter 213 or any 
applicable warranty, the board may order the installer to take appropriate corrective 
action. Corrective action may include, but is not limited to, reimbursing consumers for 
repairs that are covered by warranty and made by the consumer if the consumer notifies 
the installer or mechanic in writing of the defect within a reasonable time prior to 
undertaking the repairs and the board finds that the repairs are or were necessary to 
correct or prevent an imminent threat to health or safety or to the structure of 
manufactured housing. 
~lotwithstanding Title 5, seetien 1 QQS I, the The board may also 
revoke or suspend the installer's or mechanic's license to install manufactured housing to 
prevent any future threat to the public health or safety. Notwithstanding the provisions of 
Title 10, section 8003, subsection 5-A, revocations ordered by the board are subject to 
judicial review exclusively in the Superior Court in accordance with Title 5, chapter 375, 
subchapter 7. This subsection applies to any new manufactured housing that is sold to a 
consumer after January 1,1993. 
Sec. D-6. 10 MRSA §9010, as amended byPL 1993, c. 642, §20, is repealed. 
Sec. D-7. 10 MRSA §9021, as amended by PL 2005, c. 344, §§ 12 to 17, is further 
amended to read: 
§9021. Licenses 
The board shall adopt rules governing qualifications for each category of license 
under its jurisdiction. 
1. Licenses required. Any person who engages in the business of manufacturing, 
brokering, distributing, selling, installing or servicing manufactured housing ~ 
must 
first obtain a license issued by the board. The board shall, within a reasonable time, issue 
a license to any person who intends to manufacture, sell, install or service manufactured 
housing in this State subject to filing and approval of an application Ilrs'lises ay the 
Beard. Any person who is licensed to conduct these activities by other state or federal 
law is exempt from this requirement when the law provides for specific authority to 
provide a particular service or preempts the requirement for such a license. Active 
licensees of the Real Estate Commission are exempt from the licensing requirement for 
selling or brokering used manufactured housing and new manufactured housing if such 
housing is sold or offered for sale by a licensee of the board. 
I-A, Initial training. Begiflfling ltdy 1, 2000, all All licensees and applicants for 
licensure must obtain initial training, including, but not limited to, the servicing and 
installation of manufactured housing. Applicants for initial licensure must complete the 
training before the board approves the application for licensure. All Ilerssns hslEiing 
Iisenses sn JHly 1, 2000 ha>ie 2 years frem the time the training reElHirernents are 
estaalishes ay the asars in whish ts eSHlfllete the training. The esst ror the training mHst 
ae set a)' the asars in an amsHflt nst ts elleees $2$. 
J 
1,' 
1.leense fees. The asare rna . 
. 
~ 
=tes mHst ae Ilais ts the TreasH?er e;~a::::: ~:ss ssllest the [sllswing roes. All-fees 
. 
~~ffi~~~fu_~H . 
sHslng 
,4.. 
The Iisense fee ror manHfaetmers sf ma~fustHres hsusing whs seli'ler sr sell 
manufuetHres hsusing rna)' nst I!l(sees $200 arffiually. Bash manufaeturing Illant that 
selivers sr sells manufastHf8S hsusing in Ihe State musl salain a sSflarate lissnse. 
B. 
The lisense fee ror sealers sr se'o'elsller sealers whs are engages in the retail 
selling, sffering ror sale, arsleering sr sistriautisn sf manufaetHres hsuslng may nst 
ellsees $200 aflflually. 
C. 
The lisense fee fur meshaniss whs servise sr install manufastmes hsusing, as 
sefines in s8stisn 9002, sHaseetisn 7, Ilaragr<lj'lhs A ans C, may nst elEsees $200 
aflflHally. 
1>. 
The assitisnallieense fee ror sealers, se','elsller sealers, installers sr meshaniss 
wl'18 ha'le msre than sne ausiness lssatisn may nst elleees $50 annually Iler 
assitisnallseatisn. 
Eo 
The lisense fee ror an installer, as sefines in seetisn 9002, suasestisn {i A, whs 
installs manufaetHres hsusing, as sefines in sestisn 9002, suasestisn 7, may nst 
8llSees $200. 
2-A. Fees. The Director of the Office of Licensing and Registration within the 
Department of Professional and Financial Regulation may establish by rule fees for 
purposes authorized under this chapter in amounts that are reasonable and necessary for 
their respective purposes. The license fee to operate a mobile home park pursuant to 
subchapter 6 may not exceed a base fee of $40 plus an additional amount of up to $4 per 
mobile home site. This fee must accompany each license application. including 
applications for mobile home park expansion and license renewal. The review and 
evaluation fees authorized by section 9083 may not exceed the actual cost of the review 
or evaluation. The fee for any inspection authorized by this chapter may not exceed the 
actual cost of the inspection. The fee for any other purpose authorized by this chapter 
may not exceed $200. Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
3. License term. Licenses expire February 28th or at such other times as the 
Commissioner of Professional and Financial Regulation may designate and are issued on 
a biennial basis upon payment of -a- the license fee as set under subsection 2-A. An 
additional license fee for each additional business location may be set under subsection 2-
A for dealers. developer dealers. installers or mechanics who have more than one 
business location. 
4. Renewals. The asare shall nstif)' eaeh lieensee sf the elllliratisn sate sf that 
lisensee's lisense ans insieate the amsHnt sf roe reElHires ror aieflflial renevial. }>Istiee 
II 
~st ae mailes Is eaeh lisensee's last lens' .... n aseress al least 30 says in as'"anee sf Ihe 
elllliratisn eate sf the lisense. A license may be renewed up to 90 days after the date of 
its expiration upon payment of a late fee ef.$W in addition to the renewal fee as set under 
subsection 2-A. 
If any licensee fails to renew within 90 days after expiration, that 
IS 
licensee is required to make a new application. 
6. Financial responsibility. The board may require bonding or other reasonable 
.methods to ensure that manufacturers, dealers, developer dealers and others licensed 
under this chapter are financially responsible to fully comply with this chapter. 
7. Service of process. In order to obtain a license under this chapter, a person who 
is not a resident of this State shall designate the executive director of the board as the 
person's agent for service of process in this State. The following provisions govern this 
requirement. 
A. 
A person who applies for a license shall file with the executive director, in a 
form prescribed by rule, an irrevocable consent appointing the executive director to 
be that person's agent to receive service of any lawful process in any civil proceeding 
against that person, a successor or a personal representative that arises under this 
chapter or any rule or order of the board after consent has been filed, and that service 
of process has the same force and validity as if served on the person who filed the 
consent. 
B. 
If a person engages in conduct prohibited by this chapter or any rule or order of 
the board and that person has not filed a consent to service of process under 
paragraph A, the executive director is automatically appointed as the person's agent to 
receive service of any lawful process in a civil proceeding against that person, a 
successor or a personal representative that results because of the person's conduct 
under this chapter or any rule or order of the board, and that service of process has 
the same force and validity as if served on the person. 
C. 
Service under paragraphs A and B may be made by leaving a copy of the process 
in the office of the executive director but is not effective unless: 
(1) The plaintiff, who may be the executive director or the board, immediately 
sends notice of the service and a copy of the process by registered or certified 
mail, return receipt requested, to the defendant or the respondent at the address 
last known to the executive director; and 
• 
J 
I 
(2) The plaintiff files an affidavit of compliance with this paragraph in the 
proceeding on or before the return date of the process, if any, or within any 
further time the court, or the board in a proceeding before the board, allows. 
D. 
Service as provided in paragraph C may be used in any proceeding before the 
board or by the executive director in any proceeding in which the executive director 
I 
A, 
The manufactured housing is found by the local enforcement agency to comply 
with the applicable local building code; and 
B. 
The local enforcement agency so reports to the board in such form and detail as 
the board may reasonably require. 
is the moving party. 
Sec.D-9. 10 MRSA §9045, as amended by PL 2005, c. 344, §20, is repealed and 
E. 
When the process is served under paragraph C, the court or the board shall order 
the following enacted in its place: 
continuances as necessary to afford the defendant or the respondent reasonable 
opportunity to defend. 
§9045. New unit and inspection fees 
8. LieeBsiBg peBolties. The IlOaFS may suspens, reyokB or refuse to renew the 
II 
li6ense unser this ehaptBf of any person who is feuns to ha'o'e: 
A fee for each new dwelling unit that is installed in the State and fees for inspection 
of manufactured housing that must be paid by the manufacturer, dealer, developer dealer, 
installer or mechanic whose actions or failure to act gave rise to the necessity of the 
f.. Committes fFlUlS, misrepresentation er seeeption in obtaining a lieense; 
II 
inspection are set under section 9021, subsection 2-A. 
B. 
Aeeeptes maoofaetures hetlsing, sireetiy er iHsireetiy, frem a maoofaeltlrer Hel 
lieeHses by the State ptlFstiaHI te this ehapter; 
Sec. 0-10. 10 MRSA §904S, sub-§5, as enacted by PL 1981, c. 152, §14, is 
amended to read: 
Co 
Sels or seliveres, sireetiy or iHsireetly, FHaHufaeltlres hOtlsiHg to a sealer or 
se'ieloper sealer Hot lieeHses by the State ptlFStiaHt to this ehapter; or 
5. Formal agreements. The board, subject to the approval of the Commissioner of 
BtisiHeSS ReglilatieH Professional and Financial Regulation, may enter into formal 
D. 
Vielates any preyisieH of er rules asoptes tlHSer this ehapter or allY ether 
agreements with the agencies or authorities of other states, or other governmental 
applieaele warraHties. 
agencies, or their agents, to carry out the purpose of this chapter. 
8-A. Denial or refusal to renew license; disciplinary action. In addition to the 
grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board 
Sec. 0-11. 10 MRSA §9071, as amended by PL 1995, c. 353, §7, is repealed. 
may deny a license, refuse to renew a license or impose the disciplinary sanctions 
authorized by Title 10, section 8003, subsection 5-A for any of the following reasons: 
Sec. 0-12. 10 MRSA §9072, as amended by PL 1987, c. 395, Pt. A, §41 and PL 
1999, c. 547, Pt. B, §78 and affected by §80, is repealed. 
A, Accepting manufactured housing, directly or indirectly, from a manufacturer not 
licensed by the State pursuant to this chapter; 
Sec. D-13. 10 MRSA §9083, as amended by PL 1991, c. 714, §5, is repealed and 
the following enacted in its place: 
B. SeIling or delivering, directly or indirectly, manufactured housing to a dealer or 
developer dealer not licensed by the State pursuant to this chapter; or 
§9083. Fees 
C. Violation of any of the provisions of chapter 213. 
Application and license fees for mobile home parks may be set under section 9021, 
9. Proof of sales tax registration. The board shall require that an applicant for a 
manufacturer, dealer or developer dealer license under this subchapter demonstrate that 
the applicant is registered with the State Tax Assessor for the collection of sales and use 
tax under Title 36, chapter 211 or that the applicant is not required to register under that 
chapter. 
subsection 2-A, including applications for mobile home park expansion and license 
renewal. Fees may also be set under section 9021, subsection 2-A for mobile home park 
inspections; for the cost of reviewing engineering and site plans; for costs incurred in 
evaluating an applicant's eligibility for licensure as a mobile home park; and for costs 
incurred in evaluating a licensee's ongoing compliance with the requirements of this 
subchapter and the rules of the board. Failure to pay costs billed to an applicant or 
Sec. D-S. 10 MRSA §9043, sub-§2, as repealed and replaced by PL 1981, c. 152, 
§ 14, is further amended to read: 
licensee within 90 days of the billing date constitutes grounds for license revocation, 
unless an extension for an additional period not to exceed 90 days is granted in writing by 
the board. 
2. Local option. The provisions of this subchapter sflall must be waiYeres waived by 
the board with respect to manufactured housing whiOO that is installed in a municipality 
whiOO that has adopted a building code and has a local building code enforcement agency 
Sec. D-14. 10 MRS A §90S4, as amended by PL 1999, c. 386, PI. C, §4 and PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
if: 
§9084. Issuance of licenses 
I 
6. License fee. When a license is issued on the basis of a municipal inspection, as 
specified in this section, the requirement for payment of a license fee to the board, as set 
The board shall, within 30 days following receipt of application, issue an annual 
forth in section 9083, SHall ae 9021, subsection 2-A. is waived. The lieeHsee shall ae 
license to operate any mobile home park whiOO that is found to comply with this 
rellllirea te flay the aeara a SIIIfl net te e)(eeea $10 te slipper! the eests ef lflailiHg ana 
subchapter and the rules adopted by the board. 
hanaliHE!. 
S 
When any applicant is found, based upon an inspection by the board or by municipal 
inspection made according to section 9088, not in compliance with the requirements of 
this subchapter or rules adopted and approved pursuant to section 9085 or section 9088, 
subsection 1, the board may refuse issuance of the initial license but shall issue a 
Sec. D-16. 10 MRS A §9089, as enacted by PL 1983, c. 553, § 17 and amended by 
PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in 
its place: 
conditional license except when conditions are found that present a danger to the health 
§9089. Denial or refusal to renew license; disciplinary action 
and safety of the public. A conditional license may not exceed 90 days. Failure by the 
1 
conditional licensee to meet the conditions specified permits the board to void the 
The board may deny a license, refuse to renew a license or impose the disciplinary 
conditional license. 
II 
sanctions authorized by Title 10, section 8003, subsection 5-A for any of the reasons 
enumerated in Title 10, section 8003, subsection 5-A, paragraph A. 
The conditional license ~ 
i§ void when the board has delivered in hand or by 
certified mail a written notice to the conditional licensee or, if the licensee cannot be 
PARTE 
S 
reached for service in hand or by certified mail, has left notice thereof at the facility. 
Sec. E-l. 32 MRSA §63-A, as amended by PL 1999, c. 790, Pt. A, §35, is further 
Upon the written request of the board, the Department of Health and Human 
amended to read: 
Services, Dh'isieB ef HealtH EBgiBeeriRg Maine Center for Disease Control and 
Prevention shall provide such technical services as may be required by the board to assist 
§63-A. Board established; membership and organization 
with inspections and licensing of new mobile home parks. The department may assess 
the mobile home park owner a reasonable fee for these services. 
1. Membership. The Nursing Home Administrators Licensing Board, as established 
by Title 5, section 12004-A, subsection 23, ana referrea te iH tHis seatieH as the "aeard," 
All mobile home park licenses expire annually on a date established by the 
Commissioner of Professional and Financial Regulation. Licenses may be renewed upon 
application and upon payment of the preseriaea renewal fee as set under section 9021, 
subsection 2-A, subject to compliance with rules of the board and with this subchapter. 
2S 
The aeara shall Betify eash lieeBsee ef the e](piratieB aate ef that lieeRsee's liseRse aBa 
iBsieate the fee Fellllifee fer allffilal reae'llal. ~letise Iflllst ae Iflailea te eaeh lieeBsee's last 
kRewfillasfess lit lellst 3Q S~'5 iB IIEFillHee ef the elfpiratieR ef the lieeHse. A license may 
consists of 7 members appointed by the Governor. The members must be eitiLleHs ef the 
Unitea States aHa residents of this State. One member must be a registered nurse with 
not less than 5 years of active practice in nursing homes in the State. Two members must 
be represeHtati'ies ef the public members as defined in Title 5, section 12004-A. Three 
members must be administrators of nursing homes with not less than 5 years of active 
experience in the State. One member must be an administrator of an intermediate care 
facility for the mentally retarded with not less than 5 years of active practice in that 
be renewed up to 90 days after the date of its expiration upon payment of a late fee ef.$W 
capacity. 
in addition to the renewal fee as set under section 9021, subsection 2-A. If any licensee 
fails to renew within 90 days after expiration, that licensee is required to make a new 
application. 
2. Terms. Appointments are for 3-year terms. Appointments of members must 
comply with Title 10, section -6(} 8009. A member may be removed by the Governor for 
cause. 
The issuance of the license provided for in this subchapter does not provide 
exemption from other state or local laws, ordinances or regulations, notwithstanding any 
other provision of law. 
3. Meetings; chair; quorum. The board shall meet at least once a year to conduct 
its business and to elect a chair. Additional meetings must be held as necessary to 
conduct the business of the board and may be convened at the call of the chair or a 
3S 
A license issued under this subchapter may not be assigned or transferred. 
majority of the board members. A Iflajerity Four members of the board eenstitlltes 
constitute a quorum for all purposes. 
l.ieeHSes 8ffeBeellsl~' issllea a~' the aeard are '.'eia IIHS shall ae .retllFHea .te the aeare 
ell aeR\llHa 88 stlltes iB II Betiee aeli'/erea ay ~IIHS ef a~' eertiiies lfla.I1 te the heeBsee. Fer 
eIll!G"', the aears HlII}' revelfe ef !Il!9peaa aBY heease pllrsllaHt te seetleB 9Q89. 
7. Reportsl lIuElget. ~le later than A-ligllst 1st ef eae~ year, the aeara s~all sllarffit Ie 
the eelflHlissiener a reper! sf its traHsaetiens efthe flreeealng iiseal year eHalng J~ne 30th 
ana shall traHsrffit te the eelflHlissiener a eeFHplete stateFHent ef all reeeipts aHa 
Sec. D-15. 10 MRSA §9088, sub-§6, as enacted by PL 1983, c. 553, §17, is 
l!](penaitllFes efthe aears, attestea ay affiaavit sfits ehair. 
amended to read: 
.. 
"f 
, 
I 
Sec. E-2. 32 MRSA §63-B, as amended by PL 2001, c. 323, §§II and 12, is 
further amended to read: 
I 
375, slIasllaf3ter IV, to tile exteHt af3f3lisaale. Tile aoars may SlIaf300Ha witHesses, rosorss 
aHs soslImoHts in aHY lleariHg it SOHSIIStS. 
§63-B. Board powers and duties 
8. Exception. This chapter or the rules under this chapter may not be construed to 
require an applicant for a license as a nursing home administrator who is certified by a 
The board sllall Raye has the powers and duties set forth in this section. 
recognized church or religious denomination that teaches reliance on spiritual means 
alone for healing as having been approved to administer institutions certified by that 
church or denomination for the care and treatment of the sick in accordance with its 
. 5 
1. Board to administer and enforce. The board shall administer and enforce this 
teachings to demonstrate proficiency in medical techniques or to meet medical 
educational qualifications or medical standards not in accord with the remedial care and 
treatment provided in those institutions. An individual licensed under this exception may 
act as an administrator only in those institutions described in this subsection. 
chapter:;and shall evaluate the qualifications of and slIf3eryise approve the examination ef 
to be taken by applicants for licensure under this chapter aHd it sRall iH'lestigate writteH 
aliegatioHs of violatioHs of or HOHsoFHf3liaHse '.vitR tRis sRaf3teL The aoard sRall lceef3 
SIISR resorss aHs miHutes as are Hesessaf)' to tRe ordiHaf)' sisf3ateR of its fuHstioHs. 
2. Rules. The board may, in accordance with the Maine Administrative Procedure 
Act, Title 5, chapter 375, subchapter II l, adopt rules commensurate with the authority 
vested in it by this chapter, including, but not limited to, standards for courses of study 
for administrators, requirements for the training, experience and qualifications for the 
licensure of administrators and administrators-in-training, continuing educational 
requirements, standards and procedures for examination for the licensure of 
Sec. E-3. 32 MRS A §64-A, as amended by PL 1993, c. 600, Pt. A, §32 and PL 
1999, c. 547, Pt. B, §57 and affected by §80, is repealed. 
Sec. E-4. 32 MRSA §64-B is enacted to read: 
§64-B. Denial or refusal to renew license; disciplinary action; informal conference 
administrators, standards and procedures for the issuance, revocation and suspension of 
licenses of administrators and for the investigation of written charges and complaints 
filed with the board. Rules adopted pursuant to this section are routine technical rules as 
defined inTitle 5, chapter 375, subchapter 2-A. 
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: 
3. 
Temporary licenses. 
The board may by rule determine conditions and 
procedures by which it may issue temporary licenses. Temporary licenses may be issued 
for periods of up to one year. The total length of multiple temporary licenses may not 
extend beyond one year. 
1. Habitual snbstance abuse. Habitual substance abuse that has resulted or is 
foreseeably likely to result in the licensee performing assigned services in a manner that 
endangers the health or safety of patients; 
2. Mental or physical condition. A professional diagnosis of a mental or physical 
4. 
Examinations. 
The aoars sRall SOHsust writteH Written examinations for 
condition that has resulted or may result in the licensee performing assigned services in a 
licensure must be held one or more times each year, at such times and places as it the 
board may determine. 
manner that endangers the health or safety of patients; or 
3. False advertising. Engaging in false, misleading or deceptive advertising. 
5. 
Application and license fees. Fees for applications, and initial licenses aIHI 
arumal HeeHse reHewals for nursing home administrators and administrators-in-training 
may be established as provided in section 67. 
If the factual basis of the complaint is or may be true and the complaint is of 
sufficient gravity to warrant further action, the board may request an informal conference 
with the licensee. The board shall provide the licensee with adequate notice of the 
Ii. Hearings. HeariHgs may ae eOHooetes ay tile aoars to assist witR iHvestigatioHs, 
to setemHHe wRetROf' grOIlHSS ellist for sllsf3eHsioH, re\'osatioH or dORial of a lieeHse, or as 
otRerwise setemHHeS Heeessaf)' to tRe flllfillmeHt of its resf30Hsiailities IIHSer tRis oRaf3ter. 
TRe aoard may Hot refuse to raBew a Ijeense for aHY reaSOH otRer tRaH failllre to f3ay a 
re~lI!red foe, IIHiess it Ras afforsed tRe lieeHsee aH Of3POFtllHjty for aH adjllsieetof)' 
ReRl'lHg. 
The aoars sRall Rold an adj IIdjeatof)' Rearing at tRe writteH re~lIest of aH 
iHsi¥iooal wRo is dORied a lieeflSe witRom a heariHg for any reaSOH other than failllre to 
conference and of the issues. to be discussed. The conference must be conducted in 
executive session of the board, pursuant to Title 1, section 405, unless otherwise 
requested by the licensee. Statements made at the conference may not be introduced at a 
subsequent formal hearing unless all parties consent. 
Sec. E-5. 32 MRS A §65, as amended by PL 2001, c. 323, § 13, is further amended 
to read: 
pa), a fe~\lirea fee, \3ffiyiaed that tRe R!~\lBst for RBaring is reeeived ay tRe aoard within 
days of the applieaHt's reeeipt of writteH notiee of tRe denial of the applieatioH, the 
reason for the deHial aHd the applieaHt's right to re~l:lest a heariHg. HBariHgs fHI:lst ee 
eOHdmlted iH eOHferrnity v/ith the MaiHe AdmiHistrati'.'" Proeedure Aet, Title 5, 6hapter 
§65. License renewal 
All licenses issued under this chapter, except temporary licenses, expire annually on a 
date established by the commissioner and become invalid if not renewed. 
Every 
individual licensed under this chapter shall pay, on or before the expiration date, a--fee-fof 
Fefte· .... aI. sf the license ts tae esEIfEI renewal fee as set under section 67. The eaaFEI saall 
BSlif)' easa iBdi'/itiYal lieeDsed _d8l' Ims eftatJter sf tae date sf elEpiratisH sf taat 
iadh~tiYal's lieefl5e aBd the ama\iRt sf fee reljllif:ed far ils reDllWal far a aIle year periad. 
The natiee FHl!sl ee Fftlliled Is tae iIldividl!al's lasl iEHawfl address at least 3G days Befare 
lone of whom may be a professor of architecture; one must be a licensed and practicing 
landscape architect; one must be a certified and practicing interior designer and 2 must be 
rel'lFesefltatives sf the public members as defined by Title 5, section 12004-A. 
die e*lliratisIl af die lieeDse. Renewals are contingent upon evidence of participation in 
Appointments are for 3-year terms" Appointments of members must comply with the 
continuing professional education. A license may be renewed up to 90 days after the date 
provisions of Title 10, section@ 8009. A member may be removed by the Governor for 
of its expiration upon payment of a late fee in addition to the renewal fee. An individual 
cause. 
who submits an application for renewal more than 90 days after the license expiration 
date is subject to all requirements governing new applicants under this chapter, except 
Sec. F-3. 32 MRSA §212, as amended by PL 1993, c. 389, §6, is further amended 
that the board may, in its discretion and giving due consideration to the protection of the 
to read: 
II 
public, waive examination if that renewal application is FHa6e received. together with the 
late fee and renewal fee. within 2 years from the date of the expiration. 
§212. Qualifications for members 
Sec. E-6. 32 MRSA §66, as amended by PL 1993, c. 600, Pt. A, §34 and PL 1999, 
c. 547, Pt. B, §78 and affected by §80, is repealed. 
Each member of the board must be a eitilleH 'sf the VHited States, a resident of this 
State and in the case of architect, landscape architect or interior designer members must 
be currently licensed or certified by the State and have engaged in the independent 
Sec. E-7. 32 MRSA §68 is enacted to read: 
practice of architecture, landscape architecture or interior design in the State for at least 5 
years immediately prior to appointment. 
The member who may be a professor of 
§68. Unlicensed practice 
architecture in a college or university of this State must have combined experience in 
An individual who violates section 61 is subject to the provisions of Title 10, section 
8003-C. 
practice and teaching of not less than 5 years, at least 2 of which must have been in the 
active practice of architecture as a profession. 
PARTF 
Sec. F-4. 32 MRSA §213, as amended by PL 1999, c. 687, PI. E, §3, is further 
amended to read: 
Sec. F-l. 32 MRSA §210 is enacted to read: 
§213. Meetings; chair; quorum 
§llO. Definitions 
The board shall meet at least once a year to conduct its business and to elect its 
As used in this chapter. unless the context otherwise indicates, the following terms 
have the following meanings. 
efHeeFs a chair. Additional meetings may must be held as necessary to conduct the 
business of the board and may be convened at the call of the chair or a majority of the 
board members. Five members of the board constitute a quorum. 
1. Board. "Board" means the Maine State Board for Licensure of Architects, 
Landscape Architects and Interior Designers. 
Tae Beanl shall aHHllally eleet a shaif IIRB a seeretafY, FiYe memBers sf tRe Bsard 
saHstitl!te a allsrum far all fJlifl'leses. 
2. Department. "Department" means the Department of Professional and Financial 
Regulation. 
Sec. F-5. 32 MRS A §214, sub-§2, as amended by PL 1993, c. 389, §8, is 
repealed. 
3. Office. "Office" means the Office of Licensing and Registration within the 
department. 
Sec. F-6. 32 MRS A §214, sub-§4, as enacted by PL 1983, c. 413, §6, is repealed. 
Sec. F-2. 32 MRSA §211, as amended by PL 1999, c. 687, Pt. E, §2, is further 
Sec. F-7. 32 MRSA §216, as amended by PL 1993, c. 389, §9, is repealed. 
amended to read: 
Sec. F-8. 32 MRS A §217, as amended by PL 1987, c. 395, Pt. A, §112, is 
§211. Membership; term 
repealed. 
The Maine State Board for Licensure of Architects, Landscape Architects and 
Interior Designers, established by Title 5, section 12004-A, subsection 4, referred ta iH 
Sec. F-9. 32 MRSA §218, as amended by PL 1993, c. 389, §IO and PL 1999, c. 
547, PI. B, §78 and affected by §80, is repealed and the following enacted in its place: 
tais eaapler as tae "eaEIfEI," shall administer this chapter. 
The board consists of 9 
members appointed by the Governor: Five must be licensed and practicing architects, 
,;/ 
.... 
§218. Denial or refusal to renew license; disciplinary action 
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 any of the reasons 
enumerated in Title 10, section 8003, subsection 5-A. paragraph A. 
Sec. F-IO. 32 MRSA §220, sub-§l, ~A, as amended byPL 1991, c. 396, §II, is 
further amended to read: 
A. 
A person may not practice architecture or profess to practice architecture inside 
the State or use the title or profess to be an "architect" or "registered licensed 
architect" or display or use any words, letters, figures, titles, sign, card advertisement 
or other symbol or device indicating or tending to indicate that the person is an 
II 
architect or is practicing architecture, or sign technical submissions unless the person 
is duly licensed by the board. 
As used in this chapter, the practice of architecture consists of rendering or offering 
to render service to clients by consultations, investigations, technical submissions and 
a coordination of structural factors concerning the aesthetic or structural design and 
administration of construction contracts or any other service in connection with the 
designing or administration of construction contracts for buildings located inside the 
State that have as their principal purpose human occupancy or habitation, regardless 
of whether the persons are performing one or all of these duties, or whether they are 
perfonned in person or as the directing head of an office or organization perfonning 
them. 
As used in this chapter, the tenn "technical submissions" includes the preliminary 
studies, plans, designs, drawings, specifications and contract documents, as well as 
other documents, prepared in the course of practicing architecture or landscape 
architecture. 
The practice of architecture does not include the practice of landscape architecture as 
defined in this chapter. A licensed architect may do landscape architectural work as 
is incidental to the architect's work. 
Sec. F-U. 32 MRSA §220, sub-§l,~, as amended by PL 1991, c. 824, PI. A, 
§63, is further amended to read: 
B. 
Qualifications. 
(I) To be qualified for admission to the examination to practice architecture in 
this State an applicant must submit evidence to the board that: 
(a) The applicant has completed a course of study in a school or college of 
architecture approved by the board, with graduation evidenced by a diploma 
setting forth a satisfactory degree, and 3 years of practical experience ifl..the 
efHee under the supervision of an experienced architect or architects engaged 
in the practice of architecture as a profession; or 
(b) The applicant has training or practical experience, or a combination of 
both, that in the opinion of the board is fully equivalent to that required in 
division (a). 
II 
(2) An applicant for licensure as an architect in this State who has a current and 
valid license from another jurisdiction and a certificate from the National Council 
of Architectural Registration Boards or its successor or other organization 
approved by the board may offer to render architectural services in this State 
prior to licensure by the board if the applicant first notifies the board in writing 
that the applicant will be present in this State to offer to render architectural 
services. The applicant may not render architectural services until duly licensed 
by the board. 
Sec. F-12. 32 MRSA §220, sub-§2, ~, as amended by PL 1991, c. 824, PI. A, 
§64, is further amended to read: 
B. 
Qualifications. 
(1) 
To be qualified for admission to the examination to practice landscape 
architecture in this State an applicant must submit evidence that: 
(a) The applicant has completed a course of study in a school or college of 
landscape architecture approved by the board, with graduation evidenced by 
a diploma setting a satisfactory degree and 2 years of practical experience in 
landscape architectural work of a grade and character satisfactory to the 
board; or 
(b) The applicant has training or practical experience, or a combination of 
both, that in the opinion of the board is fully equivalent to that required in 
division (a). 
(2) An applicant for licensure as a landscape architect in this State who has a 
current and valid license from another jurisdiction and a certificate from the 
Council of Landscape Architectural Registration Beards' eertifieate Boards or its 
successor or other organization approved by the board may offer to render 
landscape architectural services in the State prior to licensure by the board 
provided the applicant first notifies the board in writing that the applicant will be 
present in the State to offer to render landscape architectural services. 
The 
applicant may not render landscape architectural services until duly licensed by 
the board. 
Sec. F-13. 32 MRSA §220-A, as amended by PL 1989, c. 857, §73, is repealed. 
Sec. F-14. 32 MRSA §220-B, as enacted by PL 1993, c. 389, §12, is amended to 
read: 
§220-B. Use ofthe title "interior designer"; qualifications; grandfathering 
1. Use of title. A person may not use the title "certified interior designer" unless 
€ertffied licensed under this chapter. 
This chapter does not prohibit a person from 
providing interior design services or from using the title "interior designer." 
1\s used in this chapter, unless the context otherwise indicates, the following tenns have 
the following meanings. 
A. 
"Certified interior designer" means an interior designer who has been ~ 
licensed by the board in accordance with this chapter. 
B. 
"Interior designer" means an individual who provides or offers to provide 
interior design services. 
C. 
"Interior design services" means services that do not require the services of a 
licensed architect or engineer and that involve the preparation of working drawings, 
plans and specifications relative to building elements that are not necessary for the 
structural stability and mechanical and electrical integrity of the construction. 
2. Qualifications. The following are the qualifications for eartificatioH licensure as 
lOan interior designer. 
A. 
Except as otherwise provided in this chapter, each applicant for registratioH 
licensure must provide to the board proof of passage of the examination administered 
by the National Council for Interior Design Qualification or its successor 
organization or an equivalent examination as specified by the board. 
B. 
In addition to proof of passage of the examination, the applicant must provide 
substantial evidence to the board that the applicant: 
(1) 
Is a graduate of a 5-year interior design program from an accredited 
institution and has completed at least one year of diversified and appropriate 
interior design experience; 
(2) 
Is a graduate of a 4-year interior design program from an accredited 
institution and has completed at least 2 years of diversified and appropriate 
interior design experience; 
3. 
Accreditation. 
All interior design programs must be accredited by the 
Foundation of Interior Design Education Research, or its successor organization, or be 
determined by the board to be substantially equivalent to the accredited program. 
lies for certitieatioR aHa remits tae 
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Sec. F-15. 32 MRSA §221, as amended by PL 1993, c. 389, §\3, is further 
amended to read: 
§221. Examinations 
ExamiHatiofls for IiceHsure as aH architect or laHaseape arehiteet ana for sertificatioa 
as a certifiea iHterior aesigHer HI1!st be aeM b')' tae Boara at least oaee eaea year if 
applicatioHs aave beea reseivea auriag tae time aHHouaeea. Tae board saall malEe all 
II 
HeCeSSar)' rules, ifl accoraanee , .... ita tae Maiae Aamiaistrati'le ProeeElure ,".et, Title 5, 
seetiofl &051, et seq., gO'o'emiag fue time, place aHa metaoa of giviflg ana graaiag 
examiflatiofls, saall puelisa appropriate aHHOUfleemeats aaa sfiall eoaQuet t:mamiaatieas at 
the time aesigHatea fer all applieaats who aesire to Be lieeRsea as aa "arehiteet" or 
"laHaseape arefiiteet" or to ee certifiea as a "eertitiea iaterior aesigHer" aHa to eagage iH 
performiHg the fuactieHs of aa arehitect, laHascape arcaitect or eertitiea iaterior aesigHer. 
Tae Boara fias tae pewer to proviae a reaseHaele aivisioR iato elasses ef the ',arieus 
applieaats aaa tae examiaatiea to ee tak6fl ia eaca olass. Examinations must consist of 
such technical and professional subjects and oral questioning as the board may from time 
to time prescribe. The rules for the manner in which examinations are conducted and the 
content of the examination must be adopted in accordance with the Maine Administrative 
Procedure Act, Title 5, section 8051, et seq. 
Sec. F-16. 32 MRSA §222, as amended by PL 1993, c. 389, §14, is repealed and 
the following enacted in its place: 
§222. Fees 
The director of the office 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 anyone purpose may not exceed $200. Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. F-17. 32 MRSA §223-A, sub-§l, as enacted by PL 1991, c. 396, §18, is 
amended to read: 
1. Certification by National Council of Architectural Registration Boards. An 
architect license may be issued without examination to an applicant who has a current and 
valid certificate oflicensure from another state and a current and valid certificate from the 
National Council of Architectural Registration Bearas' eertifieate Boards or its successor 
or other organization approved by the board. The applicant must file an application for 
licensure with the Maiae State Boara for Lie6flSUfe of ,'\reaitects aaa LaHaseSfle 
Neaiteets oa a feffH preserieea By tae board eoatainial! SHea iafoFFHatioa as tae eeara 
eeHsiEiers eertia6flt. 
.J 
I 
Sec. F-18. 32 MRSA §223-B, as enacted by PL 1993, c. 389, §15, is amended to 
read: 
§223-B. Certification by reciprocity 
II 
A certifioate license may be issued by the board without further examination 
requirements for an individual who provides proof of passage of the examination 
administered by the National Council for Interior Design Qualification, or its successor 
organization, or an equivalent exam as determined by the board or who is licensed or 
certified as an interior designer in another state if that state's requirements are 
substantially equivalent to those required for a certificate license in the State. 
Sec. F-19. 32 MRS A §224, as amended by PL 1991, c. 396, § 19, is further 
amended to read: 
§224. License 
The board shall issue a license upon payment of the fee provided for iH this chapter as 
set under section 222 to any applicant who, iH the OpiHioH of the board, has satisfactorily 
IS 
met all the requirements of this chapter. LiceHses must aear a serial Humber aHd the full 
Harne of the liceHSee. 
Issuance of a license by the board shalI--be i§ evidence that the person named therein 
is entitled to all the rights and privileges of a licensed architect er, licensed landscape 
architect or certified interior designer while the license remains unexpired and unrevoked. 
The liceHse shall be S~'HOHymous with lioeHsure, with the full meaHiHg aHd effect of a 
liceHse to practioe architecture or laHdscape architecture. 
Licenses expire on the last day of June of each year or any other time the 
Commissioner of Professional and Financial Regulation desigHates may designate. 
ReHe' .... al may be effi:loted at aHY time duriHg the reHey/al mOHth ay paymeHt of the 
reHewal fee. A license may be renewed up to 90 days after the date of its expiration upon 
payment of a late fee ef.$.W in addition to the renewal fee as set under section 222. Any 
person who submits an application for renewal more than 90 days after the license 
expiration date is subject to all requirements governing new applicants under this chapter, 
except that the board may in its discretion, giving due consideration to the protection of 
the public, waive examination if the renewal application is made received, together with 
the late fee, renewal fee and additional late fee as set under section 222, within 2 years 
from the date of the expiration. 
Sec. F-20. 32 MRS A §2.24-A, as enacted by PL 1993, c. 389, § IS, is repealed. 
Sec. F-21. 32 MRSA §225, first ~, as amended by PL 1991, c. 396, §20, is 
further amended to read: 
Each ~ 
licensed architect or landscape architcct shall upon licensure obtain a 
seal of such design as the board authorizes and directs and shall submit an impression of 
the seal to the board. Technical submissions prepared by or under the direct supervision 
of a licensed architect or under the direct supervision of a licensed landscape architect 
I 
II 
must be stamped with the seal during the life of the licensee's license. It is unlawful for 
anyone to stamp or seal any documents with the seal after the license named on the seal 
has expired or has been revoked, unless the license has been renewed or reissued. 
Sec. F-22. 32 MRS A §225-A, sub-§l, as enacted by PL 1993, c. 389, § IS, is 
amended to read: 
1. Signature required. A drawing plan, specification or report prepared or issued 
by a certified interior designer and being filed for public record must bear the signature of 
the interior designer who prepared or approved the document, accompanied by a 
certi fication that the signer is eefti.fied licensed under this chapter, by the person's 
certifioatioH license number and by the date on which the signature was affixed. 
Sec. F-23. 32 MRS A §225-A, suh-§2, as enacted by PL 1993, c. 389, §15, is 
amendcd to read: 
2. Competency. A certified interior designer may not sign a plan, specification, 
drawing or other document that depicts work that the person is not competent or eefti.fied 
licensed to perform. 
Sec. F-24. 32 MRS A §227, as enacted by PL 1977, c. 463, §3, is repealed. 
Sec. F-25. 32 MRS A §228, as amended by PL 2001, c. 421, Pt. B, §93 and 
affected by Pt. C, § I, is further amended to read: 
§228. Penalties 
A person who violates aHY provisioH of this ohapter for whioh a peHalt)' has Hot aeeH 
prescribed commits a siveil violatioe fOf vihieh a forfeiture of flat more thaH $1,000 rna)' 
be adjudged section 220, subsection I or 2 or section 220-B, subsection 1 is subject to the 
provisions of Title 10. section 8003-C. 
The 8tate may briHg aH aotioH iH 8uperior Court to eHjoiH aHY perSOH from "iolatiflg 
this chapter, regardless of 'Nhether oteer admiflistrative, civil or erimiaal prooeediHgs 
have aeen or may ae iHstituted. 
PART G 
Sec. G-l. 32 MRS A §287, as enacted by PL 1999, c. 146, §5 and amended by PL 
1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
§287. Penalties 
Any person who purpsrts to be sr operates as a lioeHsed auctisHeer withsut first 
obtaiHiHg a liceHse eommits a Class b crime violates section 285 is subject to the 
provisions of Title 10. section 8003-C. 
The 8tate may briHg aH aetiofl iH 8uperior Court to eH;jeifi aH)' perSOH from violatiag 
this chapter, regardless sf whether proceedings ha'ie beeH er may BB iflstittlted ifl thB 
District Court or whetaer cAmiHal prooeediHgs aa,'e been or may be iHstituted. 
Sec. G-2. 32 MRSA §288, as enacted by PL 1999, c. 146, §5, is amended to read: 
§288. Board of Licensing of Auctioneers; organization 
1. Board composition. The Board of Licensing of Auctioneers, as established by 
Title 5, section 12004-A, subsection 5, is composed of 5 members, 3 of whom must be 
auctioneers and 2 of whom must be public members as defined in Title 5, section 12004-
A. 
2. 
Terms; removal. The terms of the members of the board are for 3 years. 
Members may be removed by the Governor for cause. 
3. Appointments. The members of the board are appointed by the Governor. 
Appointments of members must comply with Title 10, section 6G 8009. 
4. Meetings; quorum. The board shall meet at least once a year and at such other 
times as the board determines necessary. A majerit)' ef the Three members of the board 
eeHstitutes constitute a quorum for the transaction of business under this chapter. 
Sec. G-3. 
MRSA §289, sub-§l, as enacted by PL 1999, c. 146, §5, IS 
repealed. 
Sec. G-4. 32 MRS A §289, sub-§2, as amended by PL 1999, c. 687, Pt. F, §3, is 
repealed. 
Sec. G-S. 32 MRS A §290, as amended by PL 1999, c. 687, Pt. F, §4, is repealed 
and the following enacted in its place: 
§290. Powers 
The board shall administer and enforce this chapter and evaluate the qualifications of 
applicants for licensure. 
Sec. G-6. 32 MRS A §291, as amended by PL 2003, c. 582, §3, is repealed. 
Sec. G-7. 32 MRSA §291-A is enacted to read: 
§291-A. Denial or refusal to renew license; disciplinary action 
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 any of the 
following reasons: 
1. Failure to account or remit. Failure. within a reasonable time, to account for or 
remit any money or property coming into the licensee's possession that belongs to others; 
2. Record-keeping violations. Failure to comply with or properly maintain records 
required by Title 30-A, section 3971; or 
3. Improper advertising. Advertising an auction without including the name and 
license number of the auctioneer. 
Sec. G-8. 32 MRSA §292, as enacted by PL 1999, c. 146, §5, is amended to read: 
§292. License qualifications 
1. 
Application. Applieants An applicant shall submit a properly eompleted an 
application OH forms furnished by tfle beard, together with the pressribed fee as set under 
section 287-A. 
2. 
Residence. 
The applicant shall provide evidence of the applicant's legal 
residence. 
3. Reputation. The applicant must have a good reputation for honesty, fair dealing 
and competency. ResemmeHdatiefls The applicant shall furnish recommendations from 
at least 2 references who flave aelffiewledged before a Hetar), pllblie that they have known 
the applicant for at least one year and by their signature attest that the applicant has such 
a reputation sreate a rebllttable Ilresllffil3tieH tflat the allfllieaH! meets tflat i111alifieatiefl. 
4. 
Examination. 
Each applicant shall satisfactorily pass the examination, the 
content of which is determined by the board. 
Examination results remain valid for 
issuance of a license for 90 days [rem HetifisatieH ef a passiHg seere after the exam is 
passed. 
5. Surety bond. Each applicant for licensure shall file a surety bond in an amount 
set by the board by rule. 
Ii. Criminal history information. Sllbjest te Title 5. sflapter 341. tee apfllisaHt shall 
previde erimiHal histm')' reserd iHformatieH. 
Sec. G-9. 32 MRS A §295, as enacted by PL 1999, c. 146, §5, is amended to read: 
§295. Renewal 
Licenses expire annually on March 31 st or at a time the Commissioner of 
Professional and Financial Regulation designates. The board may issue a renewal license 
in the absence of any reason or condition that might warrant the refusal of granting a 
license upon receipt of the written request of the applicant and the renewal fee as set 
under section 287-A and upon the applicant presenting evidence of compliance with the 
requirements of section 292, subseetieHs subsection 5 aH44. A license may be renewed 
up to 90 calendar days after the date of its expiration upon payment of a late fee in 
addition to the renewal fee. Any applicant who submits an application for renewal more 
than 90 calendar days after the expiration date is subject to all requirements governing 
new applicants under this chapter. 
PART H 
Sec. H-l. 32 MRSA §4S1, sub-§6 is enacted to read: 
6. Board. "Board" means the Board of Chiropractic Licensure. 
Sec. 11-2. 32 MRSA §454, as amended by PL 1993, c. 600, Pt. A, §4I, is further 
amended to read: 
§454. Practicing without license; fraudulent licenses 
An individual who practices or attempts to practice or use the science or system of 
chiropractic in treating diseases of the human body; an individual who buys, sells or 
fraudulently obtains a diploma, license or record to practice chiropractic, or who aids or 
abets in that selling or fraudulent obtaining; t an individual who practices chiropractic, 
undcr cover of a diploma, license or record to practice chiropractic, illegally obtained, or 
signed or issued unlawfully or under fraudulent representations; or an individual who, 
II 
after conviction of felony, practices chiropractic, or who uses any of the forms of letters, 
"Chiropractic," "Chiropractor," "Chiropractic Practitioner," "Doctor of Chiropractic," 
"D.C." or any other titles or letters, either alone or with qualifying words or phrases, 
under circumstances that induce the belief that the individual who uses those terms is 
engaged in the practice of chiropractic, without having complied with this chapter, 
commits a Class e crime is subject to the provisions of Title 10. section 8003-C. This 
section may not be construed to prohibit a lawfully qualified chiropractor in any other 
state meeting with a licensed chiropractic practitioner in this State for consultation. 
Sec. H-3. 32 MRS A §501, as amended by PL 1995, c. 397, §26, is further 
amended to read: 
§501. Membership; qualifications; term; removal 
The Board of Chiropractic Licensure, as established by Title 5, section 12004-A, 
subsection 8, and in this CHapter called tHe "board," consists of 7 individuals appointed by 
the Governor. These individuals must be residents of this State, 5 of whom must be 
gradHates of a legally chartered chlropractic school, college or uniyersity Ha~'ing the 
power to Bonfer degrees in cHiropraetic licensed chiropractors and must be, at the time of 
their appointment, actively engaged in the practice of their profession for a period of at 
least 3 years in this State. Two members must be repfesentatiYes of tHe public members 
as defined in Title 5, section 12004-A. Each appointment is for a period of 3 years. 
Appointments of members must comply with Title 10, section 6() 8009. A member of the 
board may be removed from office for cause by the Governor. 
Sec. H-4. 32 MRSA §502, as amended by PL 2005, c. 262, Pt. A, §I, is repealed 
and the following enacted in its place: 
§502. Meetings; chair; quorum; powers and duties 
The board shall meet at least once a year to conduct its business and to elect a chair. 
Additional meetings must be held as necessary to conduct the business of the board and 
may be convened at the call of the chair or a majority of the board members. Four 
members of the board constit~te a quorum for the transaction of business. The board has 
the power to make and adopt rules and a code of ethics consistent with law necessary for 
the enforcement of its authority, the perfonnance of its duties and the governing of the 
practice of chiropractic. but a rule or code of ethics may not be made that is unreasonable 
or contravenes this chapter. 
Sec. H-5. 32 MRSA §502-A is enacted to read: 
§502-A. Chiropractic acupuncture certification 
The board shall adopt rules. which are routine technical rules pursuant to Title 5, 
chapter 375. subchapter 2-A, authorizing and governing the use of chiropractic 
acupuncture by certified licensees. The rules must set forth the requirements for 
chiropractic acupuncture certification, which must include. but are not limited to. a 
minimum number of classroom hours of education in acupuncture theory and techniqu~ 
a component of supervised clinical acupuncture training or documented clinical 
acupuncture experience for licensees practicing chiropractic acupuncture prior to April 
30, 1999; and instruction in exposure control for blood-borne pathogens and registration 
as a biomedical waste generator pursuant to Title 38. section 1319-0, subsection 3. A 
person applying for a chiropractic acupuncture certificate shall file an application 
together with the fee as set under section 558. 
Sec. H-6. 32 MRSA §503-A, as amended by PL 1999, c. 547, Pt. B, §59 and 
affected by §80, is repealed. 
Sec. H-7. 32 MRSA §503-B is enacted to read: 
§503-B. Denial or refusal to renew license; disciplinary action; informal conference 
In addition to the grounds enumerated in Title 10, section 800.1 subse'£!!.<ll!_5:...p", 
paragraph A, the board may deny a license, refuse to renew a license or impose ti~ 
disciplinarv sanctions authorized by Title 10, section 8003. subsection 5-A for: 
1. Habitual substance abuse. Habitual substance abuse that has resulted or is 
foreseeably likely to result in the applicant or licensee performing services in a mal}!2e.r 
that endangers the health or safety of patients; 
2. Mental or physical condition. A professional diagnosis of a mental or phvsical 
condition that has resulted or may result in the applicant or licensee performing servic~ 
in a manner that endangers the health or safety of patients; 
3. False advertising. Engaging in false, misleading or deceptive advertising,;. 
4. 
Nonchiropractic practice. 
Offering health services l'utside the field of 
chiropractic; or 
5. Fee-splitting. Splitting or dividing a fee with an in_4ivi-jua: y/ho.}·.Jl.0(-.ill) 
associate licensed as a chiropractor. 
If the factual basis of a complaint that has b::cn filed ;~...9L.ffi.ayjJe tru'< :.,:W the 
complaint is of sufficient gravity to warrant furtht'L actIQ.lhJhL])ON~L!llitiJJ'&":'·!it.a~ 
informal conference with the licensee. The board.~;J:!.gJl provide lh .. ~..3.[?m.LcanLQlJ.k"-!l.see 
7 
with adequate notice of the conference and of the i"ssue'lJQjJs; cljscu~~ci ..... Tb~Q!l[qr;J~(! 
Poge 41 .. 123LR0598(Ol)·1 
must be conducted in executive session of the board, pursuant to Title I, section 405, 
the written request of the applicant and the ~ 
fee for the license as St't under 
unless otherwise reguested by the applicant or licensee. Statements made at the 
section 558 and upon the applicant's presenting evidence of compliance ';;ith the 
conference may not be introduced at a subseguent formal hearing unless all parties 
requirements of subsection 2. An expired license may be reissued up to 90 days after the 
consent. 
date of expiration upon payment of a late fee as set under section 558 in addition to a 
renewal fee as set under section 558. An individual who submits an application for 
Sec. II-S. 32 MRSA §504, as amended by PL 1985, c. 748, §42, is repealed. 
renewal more than 90 days after the license expiration date is subject to all requirements 
governing new applicants under this chapter, including a renewal fee, late fee and fHffig 
additional late fee as set under section 558, except that the board may, in its discretion 
Sec. H-9. 32 MRSA §505, as enacted by PL 1977, c. 604, §12, is repealed. 
and giving due consideration to the protection of the public, waive examination if that 
renewal application is made within 2 years from the date of that expiration. 
Sec. H-IO. 32 MRSA §551, as amended by PL 2005, c. 262, Pt. A, §3, is further 
amended to read: 
§SS1. Examination and licensure 
II 
Sec. H-12. 32 MRSA §554, as amended by PL 1993, c. 600, PI. A, §51, is further 
amended to read: 
lOAn individual, before engaging in the practice of chiropractic in this State, shall 
II 
submit an application for a license to practice chiropractic together with the ~ 
§SS4. Display of license; rights 
license fee as set under section 558. Each applicant must be at least 18 years of age and 
present proof of 2 years' satisfactory attendance at a college of liberal arts. A candidate 
for licensure shall present a transcript from an accredited college or university certifying 
that the candidate has completed 2 years of preprofessional work, 2 subjects of which 
must be English and biology, or otherwise satisfy the members of the board that the 
candidate has acquired sufficient prior academic education. The applicant shall present a 
diploma granted by a legally chartered chiropractic college, school or university in good 
standing and having the power to confer degrees in chiropractic, which diploma must 
show that it was granted on personal attendance of the applicant and completion of a 
course of 4 school years of not less than 8 months each and of a total of 4,400 60-minute 
When the board grants to an individual the license mentioned in section 552, the 
license must designate the holder as a doctor of chiropractic or a chiropractor and must be 
publicly displayed at the 
individual's principal place of business so long as that 
individual continues to practice chiropractic for gain or hire. The license entitles the 
individual to whom it is granted to practice chiropractic in this State in all of its branches 
of discipline, except obstetrics, so far as the same relates to parturition" the administering 
of drugs and the performance of surgical operations with the use of instruments, except as 
allowed by law. This section may not be construed to prohibit a legally licensed doctor 
of chiropractic in this State from practicing surgery after having passed a satisfactory 
examination before the State Board of Licensure in Medicine. 
school hours. If an applicant matriculated in a chiropractic college on or after January 1, 
1984, the diploma must show that it was granted by a chiropractic college accredited by a 
Sec. H-13. 32 MRSA §556,as amended by PL 2005, c. 262, Pt. A, §6, is further 
chiropractic educational accrediting agency approved by the United States Department of 
amended to read: 
Education or its successor agency or, if no accrediting agency exists, approved by the 
board, or the applicant must have evidence of having successfully passed a licensing 
§SS6. License 
procedure from another state having similar requirements. If an applicant matriculated in 
a chiropractic college before January 1, 1984, the diploma must show that it was granted 
by a chiropractic college accredited as set out in this section, or the applicant must present 
evidence of having become a diplomat of the National Board of Chiropractic Examiners 
or of having successfully passed a licensing procedure from another state having similar 
requirements. Each applicant shall preseRt a eertifieate ef geod moral eharaster sigHed ey 
a reputaele individual aHd aHY other reasoHaele aBd proper faets demonstrate 
An individual may not render ancillary services under section 555 until that 
individual has eeOH appro'.'ed aad issued a eertifieate of llUalifieatioa received a 
chiropractic assistant license or a temporary eertifieate license issued by the board, either 
of which is renewable. The applicant must pay a FeEJuired eertifieatioa license fee as set 
under section 558. The board shall adopt rules regarding the training and eertifieatioH 
licensure of individuals permitted to render ancillary services under section 555. 
trustworthiness and competence by such means as the board may require in its application 
form. 
Sec. H-14. 32 MRSA §557, as enacted by PL 1991, c. 884, §1, is amended to 
read: 
Sec. II-H. 32 MRSA §553-A, sub-§l, as amended by PL 2005, c. 262, Pt. A, 
§5, is further amended to read: 
§SS7. Termination of license 
1. Renewal procedure. A license expires on the date set by the CommissioHer of 
Professisaal ana FiHaHeial RegulatioH commissioner pursuant to Title 10, section 8003, 
The sanctions of eestieH sections 454 and 503-B apply to individuals who render any 
ancillary services under section 555 and who: 
subsection 4 for the licensing period for which the license was issued. A renewal license 
must be issued for each ensuing licensing period in the absence of any reason or 
condition that might warrant the refusal to grant a license, upon receipt by the board of -
1. Misrepresentation. Profess to be or permit themselves to be represented as 
licensed chiropractors; 
I 
2. Nonsupervision. Perform other than at the direction and under the supervision of 
a chiropractor licensed by the board; or 
3. Inadequate training. Perform a task that they have not been trained or are not 
clinically competent to perform. 
Sec. H-15. 32 MRS A §558, as repealed and replaced by PL 2005, c. 262, Pt. A, 
§7, is amended to read: 
§558. Fees 
The Director of the Office of Licensing and Registration within the DepaFtmeat ef 
Professienal and Finanoial Regulatien 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 anyone purpose may not exceed $300. Rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. All fees reeeived by tHe beard must be paid te the Treasurer ef 
~tate and Hsed te oarry eHt tHis ehapter. Any balanee ef these fees may Ret lapse bHt 
mllst ee sarried fap .... ard as a seminHing aS66Hnt te ee eltpended far the same purpeses in 
tHe fallewing years. 
PART I 
Sec. 1-1. 32 MRSA §1101, sub-§l-B is enacted to read: 
I-B. Board. "Board "means the Electricians' Examining Board. 
Sec. 1-2. 32 MRS A §1101, sub-§4-A, as amended by PL 2005, c. 347, Pt. B, 
§§ 1, 2, is further amended to read: 
4-A. Supervision. One apprentice electrician or one helper electrician may work 
with and under the supervision of each master electrician, limited electrician or 
journeyman electrician. A master electrician who teaches an electrical course at a Maine 
career and technical education center, a Maine earrer career and technical education 
region, a Maine community college or an apprenticeship program registered' by the 
Department of Labor may have a maximum of 12 helper or apprentice electricians under 
direct supervision while making electrical installations that are a part of the instructional 
program of the school or apprenticeship program, as long as the total value of each 
installation does not exceed $5,000. An electrical installation may not be commenced 
pursuant to this subsection without the prior approval of the director or president of the 
school or apprenticeship progrllm at which the master electrician is an instructor. These 
installations are limited to those done in buildings or facilities owned or controlled by: 
A. 
School administrative units; and 
B. 
Nonprofit organizations. 
The Electricians' Examining Board and the municipal electrical inspector of the 
municipality in which the installation is to be made, if the municipality has an inspector, 
must be notified of all installation projects entered into pursuant to this subsection prior to 
the commencement of the project. There must be an inspection by a state elect!'ical 
inspector or by the municipal electrical inspector of the municipality in which the 
installation has been made, if the municipality has an inspector, before any wiring on the 
project is concealed. 
Sec. 1-3. 32 MRSA §1105, sub-§l, as enacted by PL 2003, c. 452, PI. R. §3 and 
affected by Pt. X, §2, is amended to read: 
1. Unlicensed practice. A person, firm or corporation may--fltWwho violatt;"Uit;ction 
1201 is subject to the provisions of Title 10, section 8003-C. 
A 
I ... 
Make eleGtrieal installatiens witHeHt eeiRg lieeRsed as provided iR tHis oHeJ*er, 
B. 
'.¥hile in thl! eusinl!ss ef making I!leetrieal installatiens, empley an lInlieensed 
persen, firm er eerperatien Ie de IHat werlE, unless tHe Hnlicensed persen, finn er 
Gerperatien is an 8fJprenliGe eleetrieian er aR eleetrieiaR's helper a5 set ~!ltis 
ehapter; er 
C. 
Preeure a IiGtJHse as previded in this 8fiapler .... 'fengfully er ey fraud.· 
Sec. 1-4. 32 MRSA §1105, sub-§2, as enacted by PL 2003, c. 452, Pt. R, §1 and 
affected by Pt. X, §2, is repealed. 
Sec. 1-5. 32 MRSA §1105, sub-§5, as enacted by PL 2003, c. 452, Pt. R, 93 and 
affected by Pt. X, §2, is amended to read: 
5. 
Installations by resident; certification. Nothing in this chapter prevents a 
person from making electrical installations in a single-family residence occupied by that 
person or to be occupied by that person as the person's bona fide personal abode, as long 
as the installation conforms with the standards of the National Electric Code or other 
standards approved by the board. An electrical installation made under the authority of 
this subsection, after July 1, 1987, in a newly constructed residence, requires certification 
by a state or local inspector, master electrician or limited electrician in house wiring prior 
to the activation of electricity by the utility company. 
Sec. 1-6. 32 MRSA §1151, as amended by PL 2005, c. 235, §§ I to 3, is further 
amended to read: 
§1151. Appointment; vacancies; removal; compensation 
The Electricians' Examining Board, as established by Title 5, section 12004-A, 
subsection 13, and in tHis GHapter Galled the "eeard," consists of 7 members appointed by 
the Governor. 
The 7 members consist of: 
one master electrician experienced in low-energy 
electronics; one electrician who is a bona fide member from organized labor classified as 
an inside electrician; one electrical inspector; one master electrician from the education 
field; and one person experienced in the electrical field, all of whom must have at least 10 
years of experience in the electrical field, except that the latter 3 need nm be actiVE 
electricians at the time of their appointment; and 2 represematives of -!He public mem!:>~~ 
as defined in Title 5, section 12004-A. 
I 
Appointments are made for a 3-year term. Appointments of members must comply 
with Title 10, section ~ 
8009. 
Any member of the board may be removed from office for cause by the Governor. 
Sec. 1-7. 32 MRSA §1153, as amended by PL 1999, c. 386, Pt. F, § 12, is further 
amended to read: 
§1153. Meetings; chair; quorum; rules 
The board shall hold regular meetings meet at least twiee once a year to conduct its 
business and to elect a chair. Additional meetings may must be held as necessary to 
conduct the business of the board and may be convened at the call of the chair or a 
majority of the board members. 
At tHe first meeting in eaeH ealendar year, tHe 7 
II 
appointive members SHall 6Hoose one appointive member to ast as eHair. A Ejliorum of 
tHe board eonsists of not less than 4 members. Four members of the board constitute a 
quorum. The board shall keep sorrest resords of all its proeeedings; may adopt, pursuant 
to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II ~, rules it 
determines necessary for the holding of examinations and for carrying out this chapter; 
and shall provide for reciprocity of licensing as required to implement section 1206. 
Sec. 1-8. 32 MRS A §1153-B, as amended by PL 1991, c. 531, §10 and PL 1995, 
c. 502, Pt. H, §48, is further amended to read: 
§1l53-B. Powers 
The board SHall Have has the following duties and powers, in addition to those 
otherwise set forth in this chapter. 
1. Licenses. The board shall evaluate the qualifications and SHfleF\'ise approve the 
examination ef to be taken by applicants for licensure under this chapter. 
2. Hearings. Hearings may ae sondHeted ay the board to assist ' .... itH in' .. estigatioRs, 
to determine whetHer groHnds eKist for sHspeRsioR, re~'oeation or denial of a lieense, or as 
otherwise deemed Reeessary to tHe fulfillmeRt of its respoRsiailities HRder tHis eHapter. 
The board shall not refuse to reRe' .... a lieeRse for any reaSOR otHer thaR failHFe to pay a 
reqHired foe, unless it Has afforded tHe )jeeRsee an opportHnity for an adjHdieatory 
Hearing. The board shall hold an adjHdieatory Hearing at tHe written reElHest. of an)' perSOR 
who is denied a )jeense withoHt a Hearing for ~' reaSOR other tHaR fallHFe to pay a 
reqHired fee, provided tHat tHe reqHest for heariRg is reeeh'ed ay tHe aoard ' .... ithiR 30 days 
of tHe applieant's reeeipt of ..... ritten notiee of tHe denial of his applieation, t~e reaSORS ~r 
tHe denial and his right to reqHest a heariRg. Hearings SHall be eondHsted In eonfoITRlty 
with the MaiRe Administrative ProeedHre Ast, Title ), ehapter 37), sHasHapter IV, to the 
eKtent appliaaale. The board may sHbpoeRa witnesses, reaords aRd dosHments iR aR)' 
heariRg it sondusts. 
3, CaRtnets, The board may enter into eontraets to earry OHt its responsibilities 
",naST [hi ~ GHafltsT 
I 
II 
. . 
f la'" or rule or 
. 
d' 
an)' provIsion 0 
.. 
Certifieale as e'AdeRee. 
~Jo~mtHs:np;:~sSional aRd Finansial RegulatioH or 
e"ide~se the sertifisate of the .CO~ssloRer istration HHder the seal of the State, ~ 
~ I>ife~tor of tHe Onise of LlseRslRg aRd. Regfaeie E!"ideRee of the issuaRse, sHspenslOn 
e 
. this State as pnma 
• 
be reeei'/ed ay an)' e~urt In 
't issHed a~' the dE!llartment. 
or Fe\'osatioR of aRY hsense or perml 
Sec. 1-9. 32 MRSA §1155-A, as amended by PL 1999, c. 386, Pt. F, §13 and c. 
547, Pt. B, §78 and affected by §80, is repealed. 
Sec. 1-10. 32 MRSA §1155-B is enacted to read: 
§1l55-B. Denial or refusal to renew license; disciplinary action 
1. Disciplinary sanctions. In addition to the Wounds 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 80lli.. 
subsection 5-A for: 
A. Any gross negligence, incompetency or misconduct in the performance of the 
work of making electrical installations. Continued failure to conform with applicable 
regulations of the National Electrical Code, National Electrical Safety Code or of 
other safety codes that have been approved by the American Standards Association or 
its successor or other organization approved by the board is prima facie evidence of 
that gross negligence and incompetency: and 
B. While in the business of making electrical installations, employ an unlicensed 
person, firm or cOIporation to do that work, unless the unlicensed person, firm or 
corporation is an apprentice electrician or electrician's helper as set forth in this 
chapter. 
2. Reinstatement. The board, for reasons it considers sufficient, may reissue a 
license to any person whose license has been revoked, if 4 or more members of the board 
vote in favor of that reissuance. 
Sec. 1-11. 32 MRSA §1l57, as enacted by PL 1975, c. 767, §36, is repealed. 
Sec. 1-12. 32 MRSA §1202, suh-§I, ,A, as amended by PL 1993, c. 349, §6'1 
and PL 2003, c. 20, Pt. 00, §2 and affected by §4, is further amended to read: 
A. 
For a journeyman electrician's license, a person must: 
(I) 
Complete at least 8,000 hours of service as an apprentice or helper 
electrician or at least 8,000 hours of experience in electrical installations, as 
defined in section 1101, and satisfactorily complete a program of study 
comprising 576 hours as approved by the Electricians' Examining Board or from 
an accredited institution. The 576 hours shall consist of 225 hours of required 
study, including an approved course of not less than 45 hours in the current 
National Electrical Code; and 351 hours of elective study, comprised of all trade-
related electives or 225 hours of trade-related courses and 135 hours of degree-
related courses; 
I 
(2) Be a graduate of an accredited regional applied technology high school 2-
year electrical program, have worked for 8,000 hours in the field of electrical 
installations under the supervision of a master electrician or the equivalent and 
have completed a course of not less than 45 hours in the current National 
8003, subsection 5-A. paragraph D, subparagraph 5. The soam shall plaee the lieease oa 
iaaeti'/e status ~oa proper applieatioa by the Iieeasee. The fee fer iHaetive status may 
HOt elleeed $80 per reaewa!. The fee for inactive status licensure is set under section 
1203-A. 
During inactive status the licensee is required to must renew the license 
Electrical Code, the course to be approved by the board; 
(3) Be a graduate of an accredited Maine community college electrical program 
biennially and pay the renewal fee as set under section 1203-A, but is not required to 
meet the education provisions under the rules of the board. 
or a vocational-electrical program of the Department of Corrections, have worked 
A licensee surrendering a license pursuant to this section may have the license reinstated 
for 4,000 hours in the field of electrical installations under the supervision of a 
to active status by demonstrating compliance within the previous biennium with section 
master electrician or the equivalent and have completed a course of not less than 
1204 and proper application for an active license. Any license placed on inactive status 
hours in the current National Electrical Code, the course to be approved by the 
after the effective date of this subsection and remaining inactive for 3 or more years may 
II 
board. 
Persons qualifying under this paragraph may wRte sit for the 
be reactivated by the applicant being required to successfully pass a license examination 
journeyman's examination upon graduation if application is made within one year 
at the discretion of the board. 
of graduation; or 
(4) Be an electrical apprentice registered with the State Apprenticeship and 
Sec. 1-16. 32 MRS A §1204, as amended by PL 1995, c. 325, § 17, is further 
amended to read: 
Training Council and have completed 576 hours of related instruction, as defined 
in this paragraph, prescribed in their apprenticeship program, the 8,000-hour 
§1204. Renewals 
approved program and a course of not less than 45 hours in the current National 
Electrical Code, the course to be approved by the board. Persons qualifying 
All licenses may be renewed fer 2 year periods without further examination, upon the 
under this paragraph may write the journeyman's examination after completion of 
payment of the flFO!lEIF renewal fee as set under section 1203-A and documentation of 
the 576 hours of instruction, if application is made within one year of the 
continuing education as established by rule as the board determines necessary. The 
completion of the instruction. 
expiration dates for licenses issued under this chapter may be established at such other 
Sec. 1-13. 32 MRS A §1202, sub-§2, as amended by PL 1999, c. 386, PI. F, §15, 
is further amended to read: 
times as the Commissioner of Professional and Financial Regulation may designate. The 
board shall Rotify e\'el)'oae registered liader this ehapter of the date of eKpiratioa of the 
lieeRse aad the fee reijliired fer its reaewal fer Ii 2 year period. The aotiee mlist be mailed 
to the persoR's last knOWH address at least 30 aays ia aaYaaee of the ellpiratioa aate ofthe 
~ 
2. Apprentice or helper. The board may issue a license upon payment of aa arumal 
~ 
fee as aaopted sy the soara set under section 1203-A to any person who applies for a 
license, without examination. 
Any such person employed by an electrician as an 
apprentice for the purpose of qualifying for any license mentioned in section 1203, or as 
an electrician's helper, must apply for a license as such immediately after commencing 
that employment or immediately after starting school in an electrical course. 
A license may be renewed up to 90 days after the date of its expiration upon payment 
of a late fee ef.-$W in addition to the renewal fee as set under section 1203-A. Any 
person who submits an application for renewal more than 90 days after the license 
expiration date shall ee pay an additional late fee as set under section 1203-A and is 
subject to all requirements governing new applicants under this chapter, except that the 
board may in its discretion, giving due consideration to the protection of the public, waive 
examination or other requirements. The soara may lev), peRalties for aOFlfeaewal. 
Sec. 1-14. 32 MRSA §1202, sub-§3, as amended by PL 1983, c. 553, §28, is 
further amended to read: 
Notwithstanding any other provision of this chapter, the board shall waive examination if 
a renewal application is £Hade received within 90 days after separation from the United 
States Armed Forces, under conditions other than dishonorable, by a person who has 
failed to renew his that person's license because he that person was on active duty in the 
Armed Forces; ~ 
except that the waiver of examination shall !!illY not be granted if 
the person served more than 4 years in the Armed Forces, except if he the person is 
3. License displayed. All persons licensed by the board shall are entitled to receive a 
eertifieate license, which must be publicly displayed at the principal place of business of 
the electrician or, if no such place of business, must be carried on the person and 
displayed at any time upon request, as long as that person continues in the business as 
defined. 
required by some mandatory provision to serve a longer period and he shall SliSmit the 
person submits satisfactory evidence of this mandatory provision to the board. 
Sec. 1-15. 32 MRS A §1202, sub-§4, as amended by PL 1995, c. 325, § 14, is 
further amended to read: 
4. Inactive status licenses. A licensee who does not desire to perform any of the 
electrical installations described in section 1101 and who wants to preserve the license 
Any master elestrisian giving IIjl his mastsr's lisense fer a lo, .... er graae lisense shall 
se retjuirea te sU66essfully pass aR e!laminatioR iR oraer te reiRstate his master lieeRse. 
while not engaged in any electrical installations shall surreaGer the lisease to the boara 
fer plaeemeat oa may apply for an inactive status license pursuant to Title 10, section 
PARTJ 
I 
The board shall meet at least once a year to conduct its business and 1Q elect its 
effieeFs a chair. Additional meetings shall must be held as necessary to conduct the 
business of the board, and may be convened at the call of the ehairm.aH chair or a majority 
of the board members. Five members of the board shall constitute a quorum fuF--aI.t 
Sec. J-l. 32 MRS A §1401, sub-§l,~, as amended by PL 1999, c. 590, §l, is 
further amended to read: 
D. 
The agreement must be in writing and a copy must be furnished to the payor or 
~. 
the payor's legal representative by the payee when the agreement is executed. The 
agreement may be revocable or irrevocable; however, if irrevocable, there must be a 
provision to allow for the transfer of the account by the appointment of successor 
trustees. The agreement must clearly state the name of the initial financial institution 
or credit union into which the money will be deposited and must direct the payor to 
send a copy of the agreement to the named financial institution or credit union. The 
II 
agreement must clearly state terms providing for disposition of excess funds after 
funeral goods and services have been provided. The agreement must clearly state any 
fees that may be charged against the account; fees must be reasonable, as defined by 
the board, and may be charged only: 
The board shall keep a reeera of all preeeeaiHgs, issue all notices, eertifieates ef 
registratieH and licenses and may cause inspections to be made of all establishments or 
places of business of any person engaged in the profession of funeral service in the State, 
which may include the investigation of complaints or suspected violation of this chapter 
and the rules adopted by the board. The inspection may also be for the purpose of 
II 
detennining that these establishments and places are maintained in a clean and sanitary 
manner and that suitable equipment for their proper conduct is maintained and that the 
laws and the rules of the board relating to the conduct of these establishments are 
observed. The inspection may include a review of the financial records to detennine 
IS 
compliance with the laws and rules of the board governing prearranged funeral services 
IS 
(I) Upon transfer of the accoUnt by the appointment of a successor trustee; 
(2) Upon revocation of the ilgreement if the agreement is re'iekallie revocable; 
or plans. The inspection may be made by members of the board upon authorization by 
the board or by professional technical staff. 
and 
The board may enter into reciprocal agreements with corresponding boards of other 
(3) For the actual financial aHa tax administration ofthe account. 
states for the purpose of allowing the practitioners of funeral services to perform their 
licensed functions in this or other states under such terms and conditions as the boards 
The payee shall maintain a complete record of the deposit of all funds, including 
may prescribe. 
principal and interest. The record must be available for inspection by the payor, the 
payor's legal representative, the commissioner's designee or an inspector for the board 
Sec. J-3. 32 MRSA §1451-A, as enacted by PL 1983, c. 413, §58, is repealed. 
and must contain the name and address of the financial institution or credit union 
currently in possession of the funds and the dates and amounts of deposits. 
Sec. J-4. 32 MRSA §1452, as amended by PL 1983, c. 553, §31, is repealed. 
Sec. J-2. 32 MRSA §1451, as amended by PL 2001, c. 505, §I, is further 
Sec. J-5. 32 MRSA §1452-A, as enacted byPL 1977, c. 604, §16, is repealed. 
amended to read: 
Sec. J-6. 32 MRSA §1455-A, as amended by PL 1997, c. 210, §40 and PL 1999, 
§1451. Board; powers and duties 
c. 547, Pt. B, §78 and affected by §80, is repealed. 
The State Board of Funeral Service, as e§tabHshed by Title 5, section 12004-A, 
subsection 18, afta ift ~i8 ehepler eallee ~e "eeMa, " consists of 8 members,S of whom 
Sec. J-7. 32 MRS A §1455-B is enacted to read: 
must be persons licensed for the practice of funeral service for 10 consecutive years or 
§1455-B. Denial or refusal to renew license; disciplinary action 
who have had 10 consecutive years' experience as a practitioner of funeral service in this 
State immediately preceding their appointment and 3 of whom must be rBpreseHlatives ef 
.ae public members as defined in Title 5. seetibn 12004-A. Members are appointed by 
the Governor for a term of 4 years. A national organization of retired persons may 
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: 
submit a list of applicants to the Governor for use in the selection process of one of the 
3S 
public members FepFeseHtiftg tae plielie. Appointments of members must comply with 
Title 10. section eo 8009. A board member may be removed by the Governor for cause. 
1. False advertising. False or misleading advertising as a practitioner of funeral 
service, funeral director or embalmer; advertising or using the name of a person in 
connection with that of any funeral establishment who is not licensed as a practitioner of 
The board may adopt rules consistent with law governing the practice of funeral 
funeral service, funeral director or embalmer; 
service, including but not limited to licensing Of fegistFatieft, Of eotA, of practitioner 
trainees, practitioners of funeral service, fuI141fal directors, embalmers, funeral attendants, 
funeral home establishments and branches. These rules do not become effective unless 
2. Unauthorized solicitation of human remains. Solicitation of human remains by 
the licensee, or the licensee's agents, assistants or employees, whether that solicitation 
adopted in confonnity with Title 5, chapter 375, subchapter II ~. 
occurs after death or while death is impending. Nothing in this subsection may be 
construed to prohibit general advertising. 
3. Unauthorized employment. Employment by the licensee of persons known as 
"cappers," "steerers," "solicitors" or other such persons to obtain the services of a licensee 
or one engaged in the practice of funeral service; 
4. 
Unauthorized solicitation of human remains, 
Employment, directly or 
iiidirectly, of a practitioner trainee, agent, assistant, embalmer, employee or other person, 
on part or full time, or on commission, for the pumose of calling upon individuals or 
institutions by whose influence human remains may be turned over to a particular funeral 
establishment; 
5. Unauthorized commission to secure business. The direct or indirect payment or 
offer of payment of a commission by the licensee or the licensee's agents, assistants or 
employees for the purpose of securirig business; 
6. Unauthorized commission; crematory, mausoleum or cemetery. Solicitation 
or acceptance by a licensee of any commission, bonus or rebate in consideration of 
recommending or causing human remains to be disposed of in any crematory, mausoleum 
or cemetery; 
7. Refusal to surrender human remains. Refusing to promptly surrender the 
custody of human remains, upon the express order of the person lawfully entitled to the 
custody thereof; 
8. Negligent filings. Negligent, careless or willful noncompliance with the laws 
relating to filing death certificates and obtaining burial permits; or 
9. Abusive or disrespectful handling of human remains. Abuse or disrespect in 
the handling of human remains, or violation of any law or ordinance affecting the 
handling, custody, care or transportation of human remains. 
Whoever violates any provision of this chapter or any rule prescribed by the board for 
the preparation, embalming, transportation or burial of any human remains commits a 
Class E crime. 
Sec. J-S. 32 MRSA §1501, first ~, as amended by PL 1989, c. 450, §22, is 
further amended to read: 
I 
The State Board of Funeral Service may determine the qualifications necessary to 
enable any person to lawfully .. engage in the funeral service profession and operate a 
funeral establishment. The board shall examine all applicants for licenses for the practice 
of funeral service and shall issue a license to all persons who successfully pass that 
examination and pay the fee as set under section 1504. To be licensed for the practice of 
funeral service under this chapter, a person must be at least 18 years of age, a resident of 
this State, have successfully completed a prescribed course at a school or schools 
approved by the State Board of Funeral Service and must have served as a practitioner 
trainee for not less than 12 months under the personal supervision ofa person licensed for 
the practice of funeral service and approved by the board. 
Each applicant shall 
I 
demonstrate trustworthiness and competency to engage in the profession of funeral 
service in such a manner as to safeguard the interests of the public. 
Sec, J-9. 32 MRS A §1501, 2nd ~, as enacted by PL 1989, c. 450, §22, is 
amended to read: 
Each applicant for lieeflse or registratiofl licensure as a practitioner of funeral service, 
funeral director or embalmer sftatl must be examined on the courses as outlined in the 
board's rules. 
Sec. J-IO. 32 MRSA §1503, as amended by PL 1983, c. 553, §33, is repealed. 
Sec. J-l1. 32 MRSA §1503-A, as amended by PL 1989, c. 450, §23, is further 
amended to read: 
II 
§1503-A. Practitioner trainee 
In order for any person to receive credit for time served as a practitioner trainee, that 
person sftatl must have served 2,000 hours of employment with a funeral establishment 
approved by the State Board of Funeral Service under the instruction and supervision of a 
person licensed for the practice of funeral service and actively engaged in that practice, 
and must regffiter be licensed as a practitioner trainee with the board Ofl a form sli\3\3lied 
By tfie Board. Upon terminating employment, the practitioner trainee shall notify the 
board immediately, giving the date of termination. The practitioner trainee must repeat 
this procedure with all subsequent employers accurately showing the dates of beginning 
and of terminating apprenticeship employment. Before a funeral service license will !lli!Y 
be issued, the practitioner trainee must file with the board a certification of the trainee 
time served, signed by the practitioner trainee's employer or employers, before a notary 
public. Practitioner trainee requirements sfiall-he are satisfied in the case of an applicant 
who presents proof of present licensure as a practitioner of funeral service in another state 
at the time application is made for fieeHse licensure as a practitioner of funeral service in 
this State. 
Sec. J-12. 32 MRS A §1504, as amended by PL 1999, c. 685, § 1, IS further 
amended to read: 
§1504. Fees; expiration and renewal of licenses 
The Director of the Office of Licensing and Registration within the Department of 
Professional and Financial Regulation may establish by rule fees for purposes authorized 
under this chapter in amounts that are reasonable and necessary for their respective 
purposes, except that the fee for anyone purpose may not exceed $300 annually. Rules 
adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 
375, subchapter II--A 2-A. 
1. License renewal. All licenses afld eertifieates of registFatiofi tfiat are issued by 
the board expire February 1st annually or such other time as the Commissioner of 
Professional and Financial Regulation may designate. Any person holding a license or 
registratisfi under this law may have the license renewed by making and filing an 
I 
application with the board, wilma JQ e~'8 Jlfeeeeiag tae el!Jliflltiaa af taat lisease ar 
I 
As an alternative to satisfying subsections 3 and 4, an applicant for licensure as a 
eeAifiellle af Fegistreties, liflas elanks Jlfeserieee ey the eaere and upon payment of the 
limited deaf interpreter may submit documentation of a score of 3.5 or higher on the 
eskllllisRee renewal fee as set under this section. 
Educational Interpreter Performance Assessment, or successor assessment. 
2. Late renewal. A license may be renewed up to 90 days after the date of its 
expiration upon payment of a late fee in addition to the renewal fee. Any person who 
Sec. K-5. 32 MRSA §1526, as enacted by PL 1997, c. 749, §3, is repealed. 
submits an application for renewal more than 90 days after the license expiration date is 
Sec. K-6. 32 MRSA §1527, as amended by PL 2005, c. 267, §2, is further 
subject to all requirements governing new applicants under this chapter, except that the 
amended to read: 
board may in its discretion, giving due consideration to the protection of the public, waive 
examination if the renewal application is ma6e received. together with the late fee and 
§1527. Applications for licensure; fees 
renewal fee as set under this section. within 2 years from the date of the expiration. 
The Director of the Office of Licensing and Registration within the department may 
Sec. J-13. 32 MRSA §1505, as amended by PL 1983, c. 553, §35, is repealed. 
establish by rule fees for purposes authorized under this chapter in amounts that are 
reasonable and necessary for their respective purposes. except that an application fee may 
Sec. J-14. 32 MRSA §1507, as amended by PL 1997, c. 210, §6, is further 
amended to read: 
not exceed $50, an initial license fee may not exceed $325 and an applicant who is deaf 
must pay an initial license fee of $100. An applicant for initial licensure, pursuant to 
section 1524, 1524-A or 1524-B, shall submit a written application with supporting 
§ 1507. Inactive status license 
documents to the department ea fmms flf(wieee ey lae eBflartmeRt. The aflfllieafll saall 
Jlay a aenrefliaeaele IIJIfllisatieH fee eslalliisaee ey the eeJlartmeBt ia aH amaliHt Ret to 
elleeee $5Q, aHe aH iHitial liseHse fee Hal 10 elleeee $325, eKeBj3t taat afl aflfllieaat wao is 
€leaf ml:lst flay aH iHilial liseHse fee of $I0Q. Rules adopted pursuant to this section are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
A licensee who is no longer actively practicing funeral service may surreHeer tae 
lieeasee's aeth'e )jeease Ie the State Beare sf f.I:IHeral Sen<ioe aae Fe<jHest apply for an 
inactive Iieease status license oursuant to Title 10, section 8003. subsection 5-A. 
paragraph D. subparagraph (5), The holder of an inactive status license may not practice 
funeral service in the State. Tae eoaffi ~' Jllaee tae lieeHsee oa iaaeti'o'e status ealy 
lifl9a flfeflef IIflfllieati9a lIRe tae su8FBissi9s ef IIJIflf9flfilile fees ey tAe lieeasee. The fee 
Sec. K-7. 32 MRSA §152S, as amended by PL 2005, c. 267, §3, is further 
amended to read: 
for inactive status licensure is set under section 1504. The holder of an inactive status 
license is FeEjliifee Ie must renew the license annually and pay the renewal fee as set 
§1528. Renewal 
under section 1504, but is not required to meet the continuing education requirement 
feElliifee e~' of this chapter and the rules adopted under it. 
All licenses must be renewed annually on or before June 30th of each year or at such 
other time as the commissioner may designate. Tae aflflual lieease reHewal fee lHI:Ist be 
A holder of an inactive status license who wishes to reinstate that holder's active 
establisHes By tAe sBj3artmeRt by rnlemakiRg aRS may Bet eReees $325, eKeept taat aH 
license must comply with the continuing education requirement and fees provided in this 
apfllieaHt wae is eeaf lHI:Ist flay an allllliallieeHse reaevial fee ef $1 QQ. Tae eeH!HHssieaer 
chapter and the rules adopted under it. 
saall Hetify eash IiseHsee, at tae IiseHsee's last kHOWH aeeress, 3Q eays ia ae'o'aHee of the 
ellpiratieH ef tae liseHse. Reaewal Hetiees must ee eH feFFflS flrevieee by tae eepartmeHt. 
PART K 
A license not renewed by June 30th automatically expires. The department may renew an 
expired license if the renewal application is returned within 90 days after the license 
expiration date and upon payment of a late fee ef...$.W as set under section 1527 in 
addition to the renewal fee as set under section 1527. 
A person who submits an 
Sec. K-l. 32 MRSA §1522, sub-§3, as enacted by PL 1997, c. 749, §3, is 
repealed. 
application for renewal more than 90 days after the license expiration date is subject to all 
requirements governing new applicants under this chapter. 
Sec. K-2. 32 MRSA §1524, sub-§3, as amended by PL 1999, c. 399, §IO and 
affected by §20, is repealed. 
Sec. K-3. 32 MRSA §1524-A, sub-§2, as enacted by PL 1999, c. 399, §ll and 
affected by §20, is repealed. 
Sec. K-S. 32 MRSA §1529, as enacted by PL 1997, c. 749, §3 and amended by 
PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
Sec. K-4. 32 MRSA §1524-A, as enacted by PL 1999, c. 399, §11 and affected by 
§1529. Violations 
§20, is further amended by adding at the end a new paragraph to read: 
A person who violates section 1525 is gHilty ef a Glass II eAme subject to the 
provisions of Title 10, section 8003-C. Tae State may eriHe aH aetieR ia Sueerier Geurt te 
II 
~em-vielating tais eaaj3ter, regardless af 'Nftetaer ~raeedtires aa,'e eeM 
~+1~+GOurt 
or wheilier eriminal ~raeeedings ha'ie eeM intradtieed. 
Sec. K-9. 32 MRSA §1530, as amended by PL 1999, c. 399, §16 and affected by 
§20 and amended by c. 547, PI. B, §78 and affected by §80, is repealed and the following 
enacted in its place: 
§1530. Denial or refusal to renew license; disciplinary action 
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, 
paragraph A, the department may deny a lic~nse, refuse to renew a license or impose the 
disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A upon a 
medical finding of mental incompetency. 
PARTL 
Sec. L-l. 32 MRS A §2273, as amended by PL 1995, c. 397, §43, is further 
amended to read: 
§2273. Board of Occupational Therapy Practice; establishment; compensation 
1. Establishment and membership. There is established within the D~artment af 
Professiaftal and Pinaneial Regulatian department, in accordance with Title 5, section 
12004-A, subsection 26, a Board of Occupational Therapy Practice. The board shall 
eeflSi.st consists of 5 members appointed by the Governor. Appointments of members 
must comply with Title 10, section 8009. The persons appointed to the board, other than 
the public member, must have been engaged in rendering occupational therapy services to 
the public, teaching or research in occupational therapy for at least 2 years immediately 
preceding their appointments. At least 3 board members shall must be occupational 
therapists. The 4th member BflaH must be either an occupational therapist or an 
occupational therapy assistant, jf available. These members shall at all times ee halders af 
valid heenses far tae practice of oeeupatianal therapy in the State, el(e~t far the 
members of tae first eoard, all of waom saall fulfill the reqHirements far lieensure af this 
~ 
The remaining member shall must be a representath'e of the public member as 
defined in Title 5, section 12004-A. A member of the board may be removed from office 
for cause by the Governor. 
2. TeFms of appointment. Tae Goyernor, witain 80 days fallo'Ning the effestiye 
date of this eaapter, saall aj3point 2, eoard members far a term af one year, 2, far a term af 
years and ane for a term af 3 years. Ap~aintmeHts made after the initial aj3paiHtments 
are far 3 year terms. Terms eegin an the first day of the ealendar year and Md an the last 
day of the calendar year, ell sept far the first appainted memeers waa sePo'e thrallga the 
last calendar day of tae year in waich laey are aflpointed. Appointments of members must 
eo~ly with sectian eO. 
A memeer oftae eoard may be removed frem omee far eallse ey the Goyernar. 
3. Meetings; chair; quorum. The board shall meet dllring the first month of each 
ealendar year ta select a caairman aHd far ather purposes at least once a year to conduct 
its business and to elect a chair. 
At least one additional meeting saall Additional 
Page S6 - 123LR0598(OI)-1 
I 
meetings must be held eefare the Md af eaeh ealendar year. Other meetings as necessillJ.: 
and may be convened at the call of the ehairman ar tae written request of any 2...:eeart! 
members. A chair or a majority of the members of the board shall eanstitute a quamm 
far all ~Uf!!ases. Three members of the board constitute a quorum. 
Sec. L-2. 32 MRSA §2274, as amended by PL 1995, c. 397, §44, is further 
amended to read: 
§2274. Board of occupation'-I therapy practice; powers and duties 
1. Powers. The board shall administer and enforce this chapter and evaluate the 
qualifications of applicants for licensure. The eaard may issue SUe~OMaS, examine 
witnesses, admiftister aaths and ~' investigate ar eause to ee in'iestigated afty 
ea~laints made ta it ar an~' eases afftafteam~lianee with or 'iialatian afthis eaaj3ter. 
2. 
Rules. The board may adopt, in accordance with the Maine Adminstrati,'e 
Administrative Procedure Act, Title 5, chapter 375, rules relating to professional conduct 
to carry out the policy of this chapter, including, but not limited to, rules relating to 
professional licensure and to the establishment of ethical standards of practice for persons 
holding a license to practice occupational therapy in this State. 
~. lIeaFiBgs. lIeariftgs m~' ee eaadueted 9y the eaard ta assist with inYestigatians, 
ta determine whether graunds ellist far SIi~_isftj r~'aeatian ar denial af a lieeftse, ar as 
athelViise deemed neeessary ta the fulfilltnf.lHt sf its respansieilities under this ehapter. 
4. ReeOFds. The eaard shall ke~ Slieh r8eams and minHtes as are Heeessary to the 
amina~' dis~ateh af its funstiafts. 
Ii. 
Re~oFts. 1'1a later than August 1st of eaeh year, lfie eeard shall submit to tlt-a 
saftll1Hssiener, fer ilie preeeding Rssal ),eM ending June 30th, its aRHUal-~-Bf....its 
a~eratiens and Rnaneial pasitian, tagether wita sueh eamments and re60l11Hlendati Bns ilii 
the eaftll1Hssianer deems essential. 
Sec. L-3. 32 MRSA §2275, as amended by PL 1995, c. 397, §§45 and 46, is 
repealed. 
Sec. L-4. 32 MRSA §2276, sub-§3, as amended by PL 2003, c. 452, Pt. R, §4 
and affected by PI. X, §2, is further amended to read: 
3. Unlicensed practice. 
A person who violates this Section ~-a-{~kl£.s .. t' 
erime. Vielatiaft af this is subject to the provisions of Title IQ, section ~€.t-l-iability 
srime as defifted in Title 17 A, seetian 34, sHesestion 4 A 800J.:r 
The State ma~' ering an aetian in S~eriar GOHrt to enjoiH IIf1Y-:fi ",""H-fro-np ';',Jatffig-fhis 
ehafltl!lr, regardless of whether ~raseedings ha'ie been ar may b~·R5tttutefl-iH+'~)~9-!ffi;t 
GaliR ar whether eriminal ~roeeedings ha\'e been ar may be iH,+titll~", 
Sec. L-5. 32 MRS A §2279, as amended hy PL 1997, c. (;~J. ". E, §§ l ') a.) 2), is 
further amended to read: 
§2279. Qualifications 
I 
Sec. L-8. 32 MRSA §2283, sub-§l, as amended by PL 1997, c. 294, §IO, is 
An applicant applying for a license as an occupational therapy practitioner must file a 
repealed and the following enacted in its place: 
written application, provieee b~' the boare, showing to the satisfaetioft of the boare that 
1. Renewal. 
A license renewal fee as set under section 2285 must be rEid by the 
the applicant meets the following requirements. 
licensee. Licenses issued under tllis chapter are subject to renewal and expire on the 
stated expiration date as detennined by the commissioner. Any license not rcne~d by 
the designated renewal date automatically expires. Licenses may be rem;wed 1,)]:1- to 90 
1. Residence. An applicant need no.t be a resident of this State. 
days after the date of expiration upon payment of a late fee in addition to the renewal fee 
as set under section 2285. Any person who subnlits an applicatio.p for rencwal more than 
days after the date o.f expiratio.n is subject to all renlli!:~ents gQvemip.g ney:,: 
2-A. 
Character references. 
An applicant must subnlit 2 co.mpleted character 
reference fo.rms acceptable to the board. 
applicants under this chapter. except that the board, giving due co.nsideration to. the 
II 
protectio.n o.f the public. may waive examination if that renewal application is receiv~ 
together with the late fee and renewal fee. within 2 years from the date of the expiratio.n. 
S 
3. Education. An applicant must present evidence satisfactory to the board o.f 
having successfully completed the academic and fieldwork requirements of an 
educatio.nal program in occupational therapy o.r occupational therapy assisting. 
A. 
The o.ccupatio.nal therapy or occupational therapy assisting educational program 
must be accredited by ACOTE. 
Sec. L-9. 32 MRSA §2284, sub-§5, as enacted by PL 1997, c. 294, §11, is 
amended to read: 
5. Examination. An applicant for licensure as an o.ccupatio.nal therapy practitioner 
5. Fee. Applicants must pay the application and license fees aseoreing to this 
must pass an exanlination as provided for in section 2280-A. 
eftaj'!tef as set under section 2285. 
6. Licensure. An applicant may be licensed as an occupational therapist if the 
Sec. L-IO. 32 MRSA §2285, as amended by PL 1997, c. 294, §13, is repealed and 
applicant has practiced as an occupational therapy assistant for 4 years, has completed the 
the following enacted in its place: 
level II fieldwork requirements for an occupational therapist before January 1, 1988, and 
has passed the examination for occupational therapists. 
§2285. Fees 
7. Certification. An applicant must subnlit a verification of certification form from 
NBCOT. The form must be completed and signed by NBCOT. An applicant applying 
The Director of the Office of Licensing and Registration within the department ma,Y. 
establish by rule fees for purposes authorized under this chapter in amounts that are 
within 3 months of having taken the certification examination who has the examination 
scores sent directly to the board is exempt from this requirement. 
reasonable and necessary for their respective purposes. except that the fee for anyone 
pumose may not exceed $120. 
Rules adopted pursuant to this section are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
8. Fee. An applicant must pay an application fee and license fee as set under section 
2285. 
Sec. L-ll. 32 MRSA §2286, sub-§l, as enacted by PL 1983, c. 746, §2, is 
repealed. 
Sec. L-6. 32 MRSA §2280-A, first ~, as enacted by PL 1997, c. 294, §8, is 
amended to read: 
Sec. L-12. 32 MRSA §2286, sub-§2, as amended by PL 1997, c. 294, §14 and 
The certification examination of NBCOT for the occupational therapist or 
occupational therapy assistant satisfies examination requirements of the board. 
+fie 
PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in 
its place: 
sertifieation examiftatioft of -rrmCOT fer the oeeHflatioaai therapist or oeeHflatioftai 
2. Disciplinary action. The board may deny a license. refuse to renew a license or 
taeratly assistaat satisfies elHHmftatioft re~HlireffieR:tS of the boare. 
impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for 
any ofthe reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A. 
Sec. L-7. 32 MRSA §2282, as enacted by PL 1983, c. 746, §2, is amended to 
read: 
PARTM 
§2282. Issuance oflicense 
Sec. M-l. 32 MRSA §2311, sub-§3-A is enacted to read: 
The board shall issue a license to any person who meets the requirements of this 
3-A. Board. "Board" means the Oil and Solid Fuel Board. 
chapter upon payment of the preseFieee license fee as set under section 2285. 
Sec. M-2. 32 MRSA §2313-A, first,. as enacted by PL 1991, c. 198, §12, is 
amended to read: 
Effective January I, 1992, a A chimney or fireplace installer must issue a disclosure 
to any consumer prior to the installation taking place. Disclosures must be in a format 
detennined by the board and contain the information the board considers necessary. 
Sec. M-3. 32 MRSA §2315, sub-§3, as enacted by PL 1999, c. 386, Pt. J, §8, is 
repealed. 
Sec. M-4. 32 MRS A §2315, sub-§4, as enacted by PL 1999, c. 386, Pt. J, §8, is 
repealed. 
Sec. M-5. 32 MRS A §2317, sub-§l, as enacted by PL 2003, c. 452, Pt. R, §5 and 
affected by Pt. X, §2, is repealed and the following enacted in its place: 
1. Unlicensed practice. A person, firm or corporation who violates section 2401 is 
II 
subject to the provisions of Title 10, section 8003-C. 
Sec. M-6. 32 MRS A §2317, sub-§3, as enacted by PL 2003, c. 452, Pt. R, §5 and 
affected by Pt. X, §2, is repealed. 
Sec. M-7. 32 MRS A §2351, as amended by PL 2001, c. 633, §I, is further 
amended to read: 
§2351. Appointment; vacancies; removal; compensation 
The Oil and Solid Fuel Board, as established by Title 5, section 12004-A, subsection 
27, ana in this chapter callea the "bGaFd,!!-consists of the Commissioner of Public Safety 
or a representative and 6 other members, called in this chapter the "appointive members," 
who are appointed by the Governor. 
Four of the appointive members must be oil burner technicians who are active in the 
trade. One of the members must have at least 5 years' experience and the other 3 members 
must have at least I 0 years' experience as oil burner technicians. Of those members, 2 
members may bc recommended by the Maine Oil Dealers Association; one member may 
be recommended by a national association of oil heat service managers with a chapter in 
the northern part of thc State; and one member may be recommended by a national 
association of oil heal service managers with a chapter in the southern part of the State. 
One of the appointive members must be a representative of the solid fuel buming industry 
and one must be a representative of the public member as defined in Title 5, section 
12004-A. 
The appointive members are appointed for terms of 4 years. 
Appointments of 
members must comply with Title 10, section@ 8009. 
Any appointive member of the board may be removed from office by the Governor 
for cause. 
j\:mually, the €i appeinti¥e members ef the beaTa shall cheese ene ef their members 
as 6haiffilan. 
Sec. M-S. 32 MRS A §2352, as amended by PL 1999, c. 386, Pt. J, § j 1, is 
repealed. 
Sec. M-9. 32 MRSA §2353, as amended by PL 1999, c. 386, Pt. J, § 12, is flrt);ei 
amended to read: 
§2353. Meetings; chair; quorum; rules 
The board shall meet at least once a year to conduct its business and 19 elect w; 
efHeefs a chair. Additional meetings may must be held as necessary to conduct the 
business of the board, and may be convened at the call of the chair or a majority of the 
board members. Four members of the board constitute a quorum for all purposes. The 
board may adopt standards and rules as necessary, pursuant to the Maine Administrative 
II 
Procedure Act, Title 5, chapter 375, for the holding of examinations and for carrying out 
this chapter, and provide for reciprocity of licensing with similar boards of other :ltates 
that maintain standards equivalent to those provided under this chapter. 
Sec. M-I0. 32 MRS A §2355, as amended by PL 1985, c. 389, §14 and PL 1999, 
c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its pJace: 
§2355. Denial or refusal to renew license; disciplinary action 
The board may deny a license, refuse to renew a license or imJ2Q..~ the dis.fm.linaJ}' 
sanctions authorized by Title 10, section 8003, subsection 5-A for al1Y. of the rsc~91!~ 
enumerated in Title 10, section 8003, subsection 5-A, paragraph A. 
Any license that is suspended or revoked must be immediately surrendered to the 
board and held during any period of suspension, or if revoked, until reinstated as provided 
in this chapter. 
There is no appeal from the failure of the board to issue a license as a result of an 
applicant failing to pass an examination when the results of the examination have been 
unanimously certified by the board to be correct. 
Any person whose license is suspended or revoked for more than 90 d1lY§.. must 
establish that the person meets all requirements governing new applicants under this 
chapter as a condition of reinstatement or return of the person's license, except that the 
board may in its discretion, giving due consideration to the protection of the public, waive 
examination if the period of suspension is less than 2 years or, in the case of revocation of 
license, the applicant is both eligible and has made application for reivstatement of 
license within 2 years of the effective date of revocation. 
Sec. M-l1. 32 MRS A §2355-A is enacted to read: 
§2355-A, Employing unlicensed person 
A person, firm or corporation in the oil or solid fuel burner in.stallr.tion business that 
employs an unlicensed person, unless the work is exempted underlhl.§.. chaptt;L corruni.h'U! 
Class E crime. 
Sec. M-12. 32 MRSA §2356, as repealed and replaced by pI- 1983, c. 413, §121, 
I 
I 
registerea J,lflaer tms 6haflter ef the aate sf elEfliratisa sf the li6ease aHa the afflSliflt ef fee 
is repealed. 
requirea fer its reae\val fer a 2 year fleAsa. Tbe aetiee _st 13e mailea ts the flerssa'S last 
Sec. M-13. 32 MRSA §2357, as amended by PL 1987, c. '395, Pt. A, §171, is 
irne'llfl aaareas at least.30 8a;'s ia aavaHee sf the elEfliratisa aate ef the Iieease. A license 
may be renewed up to 90 days after the date of expiration upon payment of a late fee in 
repealed. 
addition to the renewal fee as set under section 2402-B. Any person who submits an 
Sec. M-14. 32 MRSA §2358, as enacted by PL 1983, c. 413, §122, is repealed. 
application for renewal more than 90 days after the license renewal date shall pay an 
additional late fee as set under section 2402-B and is subject to all requirements 
Sec. M-15. 32 MRSA §2401-B, sub-§3, as enacted by PL 1999, c. 386, Pt. J, 
§14, is amended to read: 
governing new applicants under this chapter, except that the board may, giving due 
consideration to the protection of the public, waive examination or other requirements. 
The 13sara ma~' assess fleaalties fer late reae· .... als mere than 90 aays after the aate sf 
3. License displayed. All persons licensed by the board must receive a license 
II 
elfBiratisa. 
eertifieate that must be publicly displayed at the principal place of business of the 
licensee, if any, and a pocket card license that must be carried on the person and 
PARTN ' 
II 
displayed at any time upon request. 
Sec. N-l. 32 MRSA §3111, sub-§5, as enacted by PL 1979, c. 555, §2, is 
Sec. M-16. 32 MRS A §2402-B, as amended by PL 2003, c. 89, §2, is further 
amended to read: 
amended to read: 
5. 
Physical Therapy. "Physical therapy" meaHS the e\'alliatisa, treatmeat aaa 
§2402-B. Fees 
iastrustisa sf I'IIimaa 13eiags ts aetest, assess, flre\'eat, 6srreet, alleviate aHa limit flhysisal 
aisal3ility, 13saily malflmetisa aaa flaia frem iajliF]', aisease aaa aay sther 13saily 
esaaitisfl; the aamiflistratisfl, ifiteFflretatisfi afla e\'alliatiefl sf tests afla measliremeats ef 
13eaily Rtaetiefls aaa struetlires fer the flliFflese sf treatmeflt fliaHHiag; the fllaHniflg, 
aamiaistratiea, eYailiatisa aaa meaifietisfl ef tFeatmeRt aaa iflstruetisa; aaa the tise sf 
I 
flhysieal ageats aHa flrSeeatiFeS, aeti\>ities aHa ae\'iees feF flre'o'eatiYe aaa theraflBtitie 
flliFflsses; aaa the flFeyisiea ef esaStiitati·.'e, e8!ieatieaai aaa sther aaYisery serviees fer 
the fltiFflsse sf reatieiag the iaeiaeflee aHa SI!'>'eAty sf flhysieal aisa13i1ity, 13saily 
maiRtaetiea aHa aaifl is the practice the scope of which is set forth in section 3111-A. 
IS 
The Director of the Office of Licensing and Registration within the Department of 
Professional and Financial Regulation may establish by rule fees for purposes authorized 
under this subchapter in amounts that are reasonable and necessary for their respective 
purposes, except that the fee for anyone purpose may not exceed $350 biennially. The 
fee for the limited license for a manufactured housing mechanic or the joint limited 
license for a manufactured housing dealer and employee or owner may not exceed $50 
biennially. Rules adopted pursuant to this section are routine technical rules pursuant to 
Title 5, chapter 375, subchapter 2-A. 
Sec. N-2. 32 MRSA §3111-A is enacted to read: 
Sec. M-17. 32 MRSA §2403, first~, as amended by PL 1983, c. 553, §38, is 
further amended to read: 
§311l-A. Scope of practice 
Applicants for a master or journeyman's oil burner technician or master solid fuel 
burner technician license shall present to the board a written application for examination, 
eeatainiag SliM iafefFHatisa as the 13sara may reljliire, accompanied by the prescribed fee. 
Examinations sflaIl must be in whole or in part in writing, sflaIl be eea8!ietea approved by 
the board and sflaIl be of a thorough and practical character commensurate with the 
responsibilities of the type of license applied for. 
The practice of physical therapy includes the evaluation. treatment and instruction of 
human beings to detect, assess, prevent. correct, alleviate and limit physical disabili!Y, 
bodily malfunction and pain from injury, disease and any other bodily condition; thl'; 
administration, interpretation and evaluation of tests and measurements of bodily 
functions and structures for the pumose of treatment planning; the planni1!& 
administration, evaluation and modification of treatment and instruction; and the use of 
physical agents and procedures. activities and devices for preventive and therapeutic 
purposes; and the provision of consultative. educational and other advisory seryices for 
the purpose of reducing the incidence and severity of physical disability. bodily 
malfunction and pain. 
Sec. M-18. 32 MRSA §2404, as amended by PL 1999, c. 685, §4, is further 
amended to read: 
§2404. Renewals 
Sec. N-3. 32 MRSA §3112, as amended by PL 2003, c. 250, Pt. A, §l, is further 
All licenses expire 2 years from the original date of issue or at such other time as the 
amended to read: 
Commissioner of Professional and Financial Regulation may designate. The licenses may 
be renewed on a biennial basis without further examination upon the payment of the 
flreper renewal fee as set under section 2402-B. The 13eara shall aslify e\'eF't'eae 
§3112. Board created; appointment; powers and duties 
The Board of Examiners in Physical Therapy, as established by Title 5, section 
12004-A, subsection 31, and within the Department of Professional and Financial 
Regulation, SHall soasist consists of 2 physical therapists, one physical therapist assistant, 
one physician and one public member as defined in Title 5. section 12004-A. 
1. Appointment. Members of the board are appointed by the Governor for a term of 
years. Appointments of members must comply with Title 10, section 40 8009. 
A member of the board may be removed from office for cause by the Governor. 
2. Meetings; chair; quorum. The board shall meet at least once a year to conduct 
its business and to elect a chair aae a sesretary, WHO serye for 2 years. Additional 
meetings must be held as necessary to conduct the business of the board and may be 
convened at the call of the chair or a majority of the board members. The boara SHall 
lEeE!j3 resores aae mialltes as are aeeessary to tHe oraiaary eisj3atsH of its fuaetioas. Three 
members of the board constitute a quorum. 
3. 
Offieers. THe eHairmaR sHall be emj30weree to aElmiaister oatHs in matters 
601me6tee witH tHe ellties of tHe boare. THe sesretary SHall IEeE!j3 aS6l1rate rfHalltes of 
meetiags aaa eaR)' oa offieial eorresj3oaeeaee. 
4. Quorum. THree members of tHe boare SHall eoastitllte a Ejllerum for all flllFj3oses. 
5. Powers and duties. The board SHall Ha'le has the following powers and duties: 
A. 
To review the qualifications of applicants for licensure and to license physical 
therapists and physical therapist assistants who qualify under this chapter; 
B. 
To 00Hffi!et approve physical therapist and physical therapist assistant 
examinations and to establish passing standards; and 
C. 
To malee adopt rules in accordance with this chapter necessary for the 
enforcement of its authority and performance of its duties consistent with the 
provisions of Title 5, chapter 375t~ 
E, 
To oreer iayestigation of a sOHlfllaint on its own metien or oa '''''fitten eomfllaint 
filee 'NitH tHe boara regaraiag noasomj3lianse witH or violation of aay seetion of tHis 
ohaj3ter Of of any rules aaoj3tea by the boara; 
F. 
To soaeHst hearings to assist with inyestigations, to aetermine WHether gFOHaas 
ellist for sHsj3easioa, re'losation or aeaial of a lisease, or as otHerwise seemea 
aeeessal)' to the fulfillment of its resj30asibilities liBEler this ehilflter. 
THe boare shall not refuse to reae ... l a lieease for aay reasoa otHer thaa failme to j3ay a 
reEjlolirea fee, unless it has afforsea tHe lieeasee aa oj3flortHaity for aa asjlolsieatol)' 
heariag. THe boara shall hola aft asjueieatol)' Heariag at the writtea reEj\lest sf aay 
j3erson ,",hs is seniea a liseHse without a Heariag for aay feaSOH otHer tHaa failure to 
flay a reEjllires fee, j3F8yises that tHe reEjHest for heariag is reseives by tHe boara 
withift 30 aays of the ilflplieant's reeeiflt sf writtea aotiee of the semal ef His 
ilflplieatioa, the reasens tHerefor afts his rigHt to reEj\lest a fieariag. Heariags shall be 
soaEhlstee ia soafoFfflity witH tHe Maiae Aelfliaistfllti'le ProseeHre Ast, Title 5, 
sHaj3ter 375, sWasHilflter IV, to the !!*teat aj3j3lisaele. 
The boare may sWaj30eaa 
witaesses, resores aHe eoslHBeats ia aay heariag it 6oaeH6ts; 
G. 
After Heariag, to 6eaSHre or j3roeeee as j3fO'lieee ia sestioa 3117. 
H. 
To maiataia a register 60Htaimag Hames aae aaaresses of ea6H j3ersoa lieeasea 
aaa otHer iaformatioa tHat is eoasieeree aeeessary by tHe boare aaa tHe 
Comrffissioaef ofProfessioaal aae Fiaaaeial RegHlatioa. THis iaformatioH is oj3ea for 
j3Hblie iasj3eetioa ooriag fegHlar offiee HOllrs; aaa 
I. 
To sWamit, ao later tHeR AlIglIst 1st of eash year to tHe Comrffissioaer of 
Professioaal aae Fiaaa6ial RegHlatioa for tHe j3reeeeiag fissal year eaeiag lllae 30tH, 
an allHlIai rE!j3ort of its oj3eflltioas aHe fiaaaeial j3ositioa together witH slleH sommeats 
aae reeommeaeatioas as tHe boare eoasieers esseatial. 
Sec. N-4. 32 MRSA §3113-B, as amended by PL 1999, c. 386, PI. K, §2, is 
further amended to read: 
§3113-B. Exemptions 
Nothing in this chapter prohibits: 
1. Engaging in licensed practice. Any person licensed in this State under any other 
provision of law from engaging in the practice for which that person is licensed; 
2. Federal officials. Any person serving in the United States Armed Services or 
public health service or employed by the Veterans' Administration or other federal agency 
from performing that person's official duties, provided the duties are limited to that 
service or employment; 
3. Persons employed by licensed doctors. Any person employed by and under the 
control of a duly licensed doctor in that doctor's office from administering physical 
therapy modalities, providing that person does not profess to be a physical therapist or 
physical therapist assistant or use words or letters to indicate that the person is a licensed 
physical therapist or physical therapist assistant; 
4. Graduate physical therapist or assistant. The supervised practice of a graduate 
physical therapist or graduate physical therapist assistant, who is approved by the board 
to sit for examination, until the results of the examination have been published. The 
graduate must work in a facility employing at least one physical therapist licensed to 
practice in this State who assumes responsibility for patient-related activities of the 
applicant. THis resj30nsibility HlliSt be '/erifiea ia aa'.<aftee of the graauate eagagiftg ia tHe 
j3raetiee of j3hysisal tHeraj3Y j3ursuaat to this seetioa. 
That verifieation must be 
aeeomj3aniea by the slolj3ervisiftg j3hysieal theraj3ist filiag a supervisor's affiaa'lit with the 
boara Oft a form j3F8vieee by tHe boare; 
5. Student physical therapist or assistant. The supervised practice of physical 
therapy by a student enrolled in an accredited physical therapist or physical therapist 
assistant program who indicates that that person is a "student"; or 
I 
6. Delegation to aides or assistants. Any physical therapist licensed pursuant to 
§3116. License renewal 
this chapter from delegating to a physical therapy aide or licensed physical therapist 
assistant treatment procedures or patient-related activities commensurate with the 
education and training of the person, but not including interpretation of referrals, 
performance or evaluation procedures or determination and modification of patient 
treatment programs. The board shall adopt rules governing supervision of physical 
therapy aides and licensed physical therapist assistants. 
All licenses must be renewed biennially on or before March 31 st of each even-
numbered year or at such other times as the Commissioner of Professional and Financial 
Regulation may designate upon application by the licensee accompanied by the renewal 
fee llli set under section 3116-A. Any license not renewed by March 31 st automatically 
expires. The board may renew an expired license if the renewal notice is returned within 
days of the expiration date and upon payment of a late fee in addition to the renewal 
Sec. N-S. 32 MRSA §3114-A, sub-§l, ~C, as amended by PL 1983, c. 413, 
fee as set under section 3116-A. A person who submits an application for renewal more 
§ 133, is further amended to read: 
than 90 days after the license expiration date is subject to all requirements governing new 
C. 
Pass an examination, approved by the board, to determine the applicant's fitness 
II 
to practice as a physical therapist or to act as a physical therapist assistant. The aoard 
may waiye the eltamiRatioR reqHiremeRt fur an. appiieaRt who is el:lffeHtiy lieeRsed iR 
applicants under this chapter, except that the board may in its discretion, giving due 
II 
consideration to the protection of the public, waive examination if the renewal application 
is made within 2 years from the date of that expiration. 
aoother state ay yirtHe of hayiRg pHl, .. ioHsly passed a qHalifyiRg eKamiRatioR 
Sec. N-9. 32 MRSA §3117-A, as amended by PL 2003, c. 204, Pt. D, §1, is 
Beeeptable to the aoard, pFOyided that the passiRg staRdards fur the eltamiRatioR were 
further amended to read: 
eqHiYaleRt to those thtlH reqHired ay the law of this State. 
Sec. N-6. 32 MRSA §3114-B is enacted to read: 
§3117-A. Denial or refusal to renew license; diSciplinary action 
The aoard may slispeRd or re' .. oke a lieeRse plirsliaHt to Title 5, sestioR lQQQ4. lR 
§3114-B. Endorsement 
additioR, the aoard may refuse to isslie or reRew a liseRse or the Distriet GOHrt may 
re'/oke, slispeRd or refuse to reRew a lieeRse of a physieal therapist or physieal therapist 
assistaRt fur am' of the fullowiRi! reaSORS: 
The board may waive the examination requirement for an applicant who is currently 
licensed in another state or other jurisdiction by virtue of having previously passed a 
qualifying examination acceptable to the board, if the passing standards for the 
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, 
examination are equivalent to those then required by the law of this State. 
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 any of the 
following reasons: 
Sec. N-7. 32 MRSA §3115, as amended by PL 2003, c. 250, Pt. A, §3, is further 
amended to read: 
}. FFliull. The praetiee of fRmd or deeeit iR oalaiRiRg a JieeHse IiHder !his ehapter or 
iR eOHHeetioR " .. ith seryiee reRdered as a lieeRsed ahysieal theraaist or ahysieai theraeist 
§3115. Licensure 
The board shall license an applicant who meets the requirements of this chapter and 
assistaRt: 
pays the biennial licensure fee as set under section 3116-A. The ille fur origiRallieeRses 
effeeti'/e for one year or less Elliriag the eieHHiallieeRsiRg period is 112 the fee set IiRder 
seetieR 311 B A. 
Baeh person lie_ed reeeiYes a eertifieate. 
Byery eertifieate of 
lieeRSlH'e aREi TeRewal eertifieate fur the el:lffeHt aieR:liliffi ffilist ae eORspieliolisly 
displayed at the plaee of eFHfllo)'fH6Ht of the lie6Hsee. A eertifieate of liseRslH'e The 
license must be conspicuously displayed by the licensee at the place of employment. 
2. Addiction. Addiction, as confirmed by medical findings, to the use of alcohol or 
other drugs, wffieh that has resulted in the licensed physical therapist or physical therapist 
assistant being unable to perform hH; the licensed physical therapist's or physical therapist 
assistant's duties or perform those duties in a manner wffieh that would not endanger the 
health or safety of the patients to be served; QI 
Licensure as a physical therapist entitles the person to whom it is granted to engage in 
3. Incompetency. A medical finding of mental incompetencyt" 
the practice of physical therapy anywhere in this State and to use the words "physical 
therapist" or letters "P. T." to indicate that the person is licensed in this State. A eertifieate 
4. Aeeoffipliee. AidiRg or aaettiRg a persoR Rot Ellily lieeRsed as a lieaRsed pRysieal 
of lieeRsliTe Licensure as a physical therapist assistant entitles the person to whom it is 
therapist or physieal therapist assistant iR r6jlreseHtiRg hifHSelf as a lieeRsed pRysieal 
granted to act as a physical therapist assistant and to use the words "physical therapist 
theraaist or ah,'sieal theraeist assistan.t: 
assistant" or letters "P.T.A." to indicate that the person is licensed in this State. 
S. MiseollEiuet. Aw.' i!fOSS Rei!lii!eRee. iReomaeteRe'l or miseoRdHet iR the ~raetiee 
Sec. N-S. 32 MRSA §3116, as amended by PL 2003, c. 250, Pt. A, §4, is further 
ofahysieal theFaay: 
amended to read: 
I 
Ii. 
Criminal eonvietion. 
Subj ect to the limitations of Title 5, chaj3ter 341, 
Any member of the board may be removed from office for cause by the Governor. 
conviction of a Class A, B or C crime or of a crime which, if committed in this State, 
would be j3unishable by one year or more of iffij3risonment; or 
Sec. 0-3. 32 MRSA §3403, as amended by PL 1983, c. 553, §40, is further 
amended to read: 
7. Violation. Any violation of this eh8j3ter or any rule adoj3ted by the board. 
§3403. Meeting; chair; quorum 
Sec. N-IO. 32 MRSA §3118, as enacted by PL 1983, c. 413, §139 and amended 
by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted 
in its place: 
The board shall meet at least once a year to conduct its business and to elect a 
chairman aRd a secretary chair. Additional meetings shaJ.l must be held as necessary to 
conduct the business of the board, and may be convened at the call of the chairmaR chair 
§3118. Unlicensed practice 
or a majority of the board members. Twe Three members of the board shaJ.l constitute a 
quorum fur all j3Ufj3oses. The board shall keej3 such reeords aRd miRutes as are Recessary 
Any person who violates section 3113-A is subj ect to the provisions of Title 10. 
to the ordinary disj3ateh of its RlRetioR. 
section 8003-C. 
II 
PART 0 
II 
Sec. 0-4. 32 MRS A §3403-A, as amended by PL 1999, c. 386, Pt. L, §§4 and 5, 
is further amended to read: 
Sec. 0-1. 32 MRS A §3304, as repealed and replaced by PL 1983, c. 413, §140 
§3403-A. Powers and duties 
and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the 
following enacted in its place: 
The board shall administer, coordinate and enforce this chapter and shall haye has the 
following powers and duties in addition to those otherwise set forth in this chapter. 
§3304. Unlicensed practice 
1. Rules. The board may, in accordance with the MaiRe AdmiRistratiYe Procedure 
Any person who violates section 3302, subsection I is subject to the provisions of 
Aet, Title 5, chapter 375, subchapter H ~, adopt rules commensurate with the authority 
Title 10, section 8003-C. 
vested in it by this chapter. These rules may include, but not be limited to, internal 
plumbing, licensing requirements, examinations and reciprocity of licensing with similar 
boards of other states that maintain standards equivalent to this State. 
Sec. 0-2. 32 MRS A §3401, as repealed and replaced by PL 2003, c. 446, § I and 
affected by §4, is amended to read: 
§3401. Membership; vacancies; removal; compensation 
2. nearings. HeariRgs may be comlusted by the aoard to assist with iR·YestigatioRs, 
to determiRe whether grouRds eKist fur susj3eRsioR, re'loeatioR or deRial ofa liceRse, or as 
The Plumbers' Examining Board, as established by Title 5, section 12004-A. 
otherwise deemed Recessary to the fulfillmeRt of its resj30Rsiailities uRder this ehaj3ter. 
subsection 32. consists of 5 members, who are appointed by the Governor as follows. 
The board may Rot refuse to reRe· .... a license fur aRY reaSOR other than failure to pay a 
required fee, unless it has afferded the liceRsee aH oj3j3orluRity fur aR adjudicatory 
heariRg. The board shall hold aR adjudieatof)' heariRg at the ' .... ritten request of aRY j3ersoR 
who is demed a Iieense withom a heariRg fur aRY reaSOR other thaR failure to j3ay a 
1. Public member One of the members of the board must be a rtlflreseRtati'o'e of the 
public member as defined in Title 5, section 12004-A. 
required fee, I3fO'lided that the request fur hearing is reeeived by the board ,,"ithiR 30 days 
of the 8j3j3lieaRt's reeeij3t ef writteR Retice of the demal of his aj3j3lieatioR, the reaSORS fur 
the demal aRd ms right to request a heariRg. HeariRgs shall be cORducted iR cORfurmity 
with the MaiRe AdmiRistrative Procedure Act, Title 5, ehaj3ter 375, subehapter IV, to the 
2. Master plumbers, Two of the members of the board must be master plumbers as 
defined in section 330 I, and one of those 2 members must be a member of a bona fide 
labor organization. 
eJEteRt aj3j3lieable. The board may subj30eRa witnesses, records aRd dooumeRts iR aRY 
heariRg it eORducts. 
3-A. 
Journeyman plumber. 
One of the members of the board must be a 
journeyman plumber, as defined in section 3301, who has been engaged in the business of 
plumbing for at least 2 years. This subsectioR takes effeet JtlRe 19,2005. 
3. ContFacts. The aoard may enter iRto cORtracts to caFf)' out its resj30Rsiailities 
4. Local plumbing inspector. One of the members of the board must be a local 
under this eh8j3ter. 
plumbing inspector who has been engaged in plumbing inspections for at least 4 years 
and is employed by a municipality. This subsection takes effeet JURe 19, 2005. 
Sec. 0-5. 32 MRSA §3404, as amended by PL 1983, c. 553. §41 and PL 1999, c. 
547, Pt. B. §78 and affected by §80, is repealed and the following enacted in its place: 
Members are appointed for terms of 4 years. Appointments of members must comply 
with Title 10, section eo 8009. 
§3404. Denial or refusal to renew license; disciplinary action; reinstatement 
The board may deny a license. refuse to renew a license or impose the disciplinarv 
sanctions authorized by Title 10. section 8003. subsection 5-A for any of the reasons 
enumerated in Title 10. section 8003. subsection 5-A. paragraph A. 
The board, for reasons it considers sufficient. may reissue a license to any person 
whose license has been revoked if 2 or more members of the board vote in favor of the 
reissuance. 
Sec. 0-6. 32 MRS A §3406 is repealed. 
Sec. 0-7. 32 MRSA §3501, sub-§4, as amended by PL 1999, c. 386, Pt. L, §6, is 
further amended to read: 
4. License displayed, All persons licensed by the board must receive a license 
eeltifieate that must be publicly displayed at the principal place of business of the 
plumber, if any, and a pocket card license that must be carried on the person and 
displayed at any time upon request. 
Sec. 0-8, 32 MRSA §3504, as amended by PL 2003, c. 250, Pt. B, §6, is further 
amended to read: 
§3504. Renewals 
All licenses expire 2 years from the original date of issue or at such other time as the 
commissioner may designate. 
The aoara shall aotify everyoae registerea lIaaer this ehapter of the aate of eJ(piratioa 
of his lieease aaa the fee reEtliirea fer its reaewal fer a 2 year perioa. The aotiee shall be 
mailea to the persoa's last IrnoVfH address at least 30 days ia ad'o'aaee of the elEpiratioa 
aate ofrns lieease. 
A license may be renewed up to 90 days after the date of its expiration upon payment 
of a late fee in addition to the renewal fee as set under section 3501-B. Any person who 
submits an application for renewal more than 90 days after the license expiration date 
shall pay an additional late fee as set under section 3501-B and is subject to all 
requirements governing new applications under this chapter, except that the board may in 
its discretion, giving due consideration to the protection of the public, waive examination 
or other requirements. The aoara may assess peaalties fer late reaewal that is more thaa 
aays after the aate of elEpiratios. Notwithstanding any other provision of this chapter, 
the board shall waive examination if a renewal application is made within 90 days after 
separation from the United States Armed Forces, under conditions other than 
dishonorable, by a person who has failed to renew the person's license because the person 
was on active duty in the United States Armed Forces; the waiver of examination may not 
be granted if the person served more than 4 years in the United States Armed Forces, 
except if the person is required by some mandatory provision to serve a longer period and 
the person submits satisfactory evidence to the board. 
II 
All journeyman-in-training licenses ~ 
are issued for a single nonrenewable 
period of 4 years and shall are not he subject to the requirements of this section~ 
that Bash persos holaiag slleh a Iieease shall be sotifiea by the beara of the aate of its 
elEBiratios is the malliler BfOviaea ia this seetioR. 
PARTP 
Sec. P-l. 32 MRSA §35S2, sub-§3, as enacted by PL 1993, c. 600, Pt. A, §230 
and amended by PL 1999, c. 547, Pt. B, §78 and~affected by §80, is further amended to 
read: 
3. Penalty. A person who praetiees poaiatrie meaieise in violatioa ef sllbseetion I 
eommits a Class E erime violates subsection I is subject to Title 10, section 8003-C. THe 
State may briRg aetioa ia Sliperior COIlIt to BHjoiR a persea from yiolatiag sllbseetioR I, 
regaraless of '""hether pfoeeeaiags are iastitlltea iR Distriet COIlIt aaa regaraless of the 
statlis of erimiRal sfOeeeaiaf"s. 
Sec. P-2. 32 MRS A §3601, as amended by PL 1993, c. 600, Pt. A, §234, is further 
amended to read: 
§3601. Appointment; term; removal 
The Board of Licensure of Podiatric Medicine established in Title 5, section 12004-
A, subsection 33 aaa in this ehapter eallea the "boare, " consists of 4 podiatrists and a 
repfeseatati\'e of the pliblie Bppoiatea by the Go'/ernor public member as defined in Title 
5, section 12004-A. ORe of the memaers fRtIst be ehoses by a majority of the members to 
aet as ehair of the boara fer a teffH of 2 years. The podiatrists are appointed by the 
Governor for a term of 4 years from nominations submitted by the Podiatry Association 
of Maine and by other organizations and individuals. The podiatrists selected must at the 
time of their appointment have been actively engaged in the practice of podiatry for a 
period of at least 2 years. Appointment of members must comply with Title 10, section 
@8009. 
Sec. P-3. 32 MRSA §3602, as amended by PL 1993, c. 600, Pt. A, §235, is further 
amended to read: 
§3602. Meetings; chair; quorum 
The board shall hola regular semiallilllal meetiags aaa may hoM other meetiRgs 
dllriag the year as it determines neeessar)' (0 (ransaet its BlIsiaess. One of the memBers 
mllst ae shosea by a maj ority of the boara to aet as ehair of the board fer a teffH of 2 
years. One member mllst be shosea by a maj ority of the boara to aet as seeretary aaa 
treasllrer of the boara fer a (effH of 2 years, who shall keep a reeora of the proseeaiags of 
the boara, whieh fRlist ineillae, amoag other things, a reeora of all moaey reeeivea ana 
disblirsea, a list of all a13Blieants fer lieeases to Braetiee 130cliatry aaa whether those 
I 
II 
applioants were graffied-Of denied a lioense. The res oms HffiSt be filed in the omse of the 
ooaffi-Hnd-#e"~·~R'tl<lC·4e.n during regular omoe hours meet at least once a year to 
conducUls b1!!:iIl\':~;.umd i!LelecL,tchair. Additional meetings must be held as necessary 
to conduct the business of Jhe board and may be convened at the call of the chair or a 
!!l&ority of the board.ms;mbers. Three members of the board constitute a quorum fer....tfte 
transaction of business, but a license to practice podiatry may not be granted except upon 
the affirmative vote of a majority of the members of the board. 
Sec. P-4. 32 MRSA §3604, as repealed and replaced by PL 1995, c. 462, Pt. A, 
§62, is repealed. 
Sec. P-5. 32 MRS A §3605-B, sub-§4, as enacted by PL 1993, c. 600, Pt. A, 
§239, is repealed. 
Sec. P-6. 32 MRSA §3605-B, sub-§6, as enacted by PL 1993, c. 600, PI. A, 
§239, is repealed. 
Sec. P-7. 32 MRSA §3651-A, sub-§l, as amended by PL 1993, c. 600, Pt. A, 
§242 and affected by §243, is further amended to read: 
1. Residency requirement. An applicant who has graduated after January I, 1991 
from podiatric medical school as set forth in section 365 I -B seeking licensure to practice 
podiatry shall provide the board with evidence of satisfactory completion of at least one 
year of postgraduate clinical training in a podiatric residency training program approved 
by the accrediting body of the American Podiatric Medical Association, or its successor 
or other organization illmIoved by the board. 
Sec. P-S. 32 MRS A §3651-A, sub-§2, ~A, as amended by PL 1993, c. 600, Pt. 
A, §242 and affected by §243, is further amended to read: 
A. 
An applicant for a residency license must be a doctor of podiatric medicine who 
is a graduate of a school of podiatry, as set forth in this chapter. An examination is 
not required for applicants for residency licensure. The fee for residency licensure is 
the same as the fee for Iiccnsure for that year. THe residens), lieease applieatien aad 
tHe lisense HffiS! be ia farms prescribed b)' the board. A residency license may be 
demed for a reason for which a podiatric medical license may be disciplined under 
section 3655-A. 
Sec. P-9. 32 MRSA §36SI-B, as enacted by PL 1993, c. 600, Pt. A, §244, is 
repealed. 
Sec. polO. 32 MRSA §3651-C is enacted to read: 
§36SI-C. Examination; l'eguircments 
Except as otherwise provided ill.Jhis .c:hapteh.?n individual must pass an examination 
approved by the board before en~n the practice of podiatry. An applicant shall 
submit an application for a lic:ruse to...nractice podiatry containing satisfactory proof that 
the applicant: 
1. Minimum age. Is at least 18 years of age; 
2. Graduation. Has received a certificate of graduation from an accredited coll~ 
of podiatric medicine, recognized by the Council of Education of the American Podiatry 
Association or its successor or other organization approved by the board; and 
3. Examination. Has passed an examination approved by the board. 
Sec. P-ll. 32 MRSA §3652, as amended by PL 1999, c. 685, §12, is further 
amended to read: 
§3652. Fees; reexamination; license renewal 
The Director of the Office of Licensing and Registration within the Department of 
Professional and Financial Regulation may establish by rule fees for purposes authorized 
under this chapter in amounts that are reasonable and necessary for their respective 
purposes, except that the fee for anyone purpose may not exceed $600 annually. Rules 
adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 
375, subchapter II-A 2-A. 
An applicant for an examination for a license to practice podiatry shall pay, at the 
time of filing an application, te the beard a license application fee and a license fee as set 
under this section plus actual east costs of examination administration. An applicant who 
fails to pass an examination is entitled to a reexamination within 6 months upon the 
payment of a fee, but only 2 such reexaminations are permitted. Podiatrists licensed in 
another state and applying for a license to practice in this State without examination shall 
pay an application fee and a license fee. 
A doctor of podiatric medicine licensed to practice podiatric medicine and surg'~ry 
within this State shall apply, oa er befere AllfP'lSt 1, 1993 aad on or before July 1 st of 
every year after J'rligust I, 1993 or at such other time as the Commissioner ofProi~ssior:a} 
and Financial Regulation may designate, to the board for a lice~s;-;'-cnewal er;"~ fe;; 
furnished b)' tHe beam and pay a the renewal fee as set under this secJion. 
On or befere AUfP'Ist I, 1 993,and-en or before July I st of every year after Auguffi--+, 
.J..9W, an applicant who is practicing podiatric medicine and surgery in this State shall 
include satisfactory evidence to the board that in the preceding license period the 
applicant has completed a program of continuing education as prescribed in the n·les :)f 
the board. 
An application for license renewal made not more thilll 9u C."lyS after th~ dale (If 
expiration must include a late fec in addition to the renewal fee as set <.'.n<1er this ,;ec:tion. 
An application received more than 90 days but less than 2 years aft;~ti~-;;-;;irati~~d~te 
is subject to the requirements for lIew applicants as ~e:l as continLlH'·~ eduC.lt;,oil 
requirements, if applicable, and a late fee, renewal fee and addili'.':1allate fee '''8 set ,)ndcr 
this sectim!, except that the board, giving due considerat;(Ji: ;;:,tt~ he~l;i~--;;~-j;;;~: a;;:d 
safety of the citizens of the State, may waive the eX.2IlC1r:a1i('Y) Te(I1;i.::m::n' <it 
it~ 
discretion. A license that has been expired for over 2 v~arG may BP( ";"~:li<;',\~;d f\lid must 
be processed as a new application. 
... 
I 
Sec. P-12. 32 MRS A §36S4, as amended by PL 1999, c. 685, §13, is further 
amended to read: 
§3654. Reciprocity; endorsement; residency requirement 
BegillHisg July 1, 1995, tHe The board may issue a license to practice podiatry by 
endorsement to an applicant who has successfully passed the written examination of 
another state or of a national certifying agency in podiatry recognized by the board if the 
written examination of the other state or national certifying agency was, is tHe epiaies ef 
tHe beard, equivalent to its own examination and if the applicant satisfies in all other 
respects the requirements for licensure in section 3651-A. An applicant for licensure by 
endorsement who graduated after January I, 1991 from podiatric medical school under 
II 
section 3651-A shall provide the board evidence of satisfactory completion of at least one 
year of postgraduate clinical training in a podiatric residency training program under 
section 3651-A. The application to the board must be accompanied byaH the application 
fee and a license fee as set under section 3652. 
Sec. P-13. 32 MRSA §3655-A, as amended by PL 1993, c. 600, Pt. A, §248 and 
PL 1999, c. 547, Pt. B, §68 and affected by §80, is repealed. 
Sec. P-14. 32 MRSA §3656 is enacted to read: 
§3656. Denial or refusal to renew license; disciplinary action; informal conference 
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: 
1. Habitual substance abuse. Habitual substance abuse 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 the licensee's patients; 
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 the podiatrist's patients; 
3. False advertising. Engaging in false. misleading or deceptive advertising; or 
4. Unlawful prescription of controlled substance. Prescribing narcotic or hypnotic 
or other drugs listed as controlled substances by the federal Drug Enforcement 
Administration for other than accxpted therapeutic pumoses. 
If the factual basis of a complaint that has been filed is or may be true, and the 
complaint is of sufficient gravity to warrant further action, the board may request an 
informal conference with the licensee. 
The board shall provide the licensee with 
adequate notice of the conference and of the issues to be discussed. The conference must 
be conducted in executive session of the board, pursuant to Title 1. section 405, unless 
otherwise requested by the licensee. Statements made at the conference may not be 
introduced at a subsequent formal hearing unless all parties consent. 
PARTQ 
Sec. Q-l. 32 MRSA §38U, as amended by PL 1985, c. 481, Pt. A, §55, is 
repealed. 
Sec. Q-2. 32 MRSA §3811-A, as enacted by PL 1985, c. 481, Pt. A, §56, is 
repealed and the following enacted in its place: 
§381l-A. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Board. "Board" means the State Board of Examiners of Psychologists. 
2. Mental illness. "Mental illness" means a clinically significant behavioral or 
II 
psychological syndrome or pattern that occurs in an individual and that is typically 
associated with either a painful symptom or impairment in one or more important areas of 
functioning. 
Sec. Q-3. 32 MRSA §3811-B is enacted to read: 
IS 
§381l-B. Scope of practice 
1. Psychological examiner. A person practices as a "psychological examiner" 
within the meaning of this chapter when the person professes to be a psychological 
examiner, or renders to individuals or to the public for remuneration services involving 
the application of recognized principles. methods and procedures of the science and 
profession of psychology, but limited to interviewing or administering and intemreting 
tests of mental abilities, aptitudes, interests and personality characteristics, for such 
pumoses as psychological evaluation or for educational or vocational selection, guidance 
or placement. A psychological examiner may provide intervention, such as consultation, 
behavior management or social skills training under the supervision of a licensed 
psychologist or as otherwise provided in law or rules issued in accordance with this 
chapter. A psychological examiner may not provide psychotherapy services under any 
circumstances. The board shall establish rules for supervision of psychological examiners 
for intervention services. 
2. Psychologist. A person practices as a "psychologist" within the meaning of this 
chapter when the person professes to be a psychologist, or renders to individuals or to the 
public for remuneration any service involving the application of recognized principles, 
methods and procedures of the science and profession of psychology. Services that may 
be provided by psychologists include diagnosing, assessing and treating mental. 
emotional and psychological illness, disorders, problems and concerns and evaluation and 
treatment of vocational. social. educational. behavioral. intellectual and learning and 
cognitive disorders. These functions are performed through recognized psychological 
techniques such as, but not limited to, psychological testing. psychological interviews, 
psychological 
assessments, 
psychotherapy, 
personality 
counseling, 
behavior 
modification, cognitive therapies, learning therapies, biofeedback, hypnotherapy and 
psychological consultation to individuals and organizations. 
Sec, Q-4. 32 MRSA §3812, as enacted by PL 1967, c. 544, §82, is amended to 
read: 
§3812. Unlicensed practice; exemptions 
It is specifically prollieited that any An individual or organization sllall preseHt 
himself. may not profess to be or be presented to the public by any title incorporating the 
name "psychological," "psychologist" or "psychology," other than those so licensed by 
this chapter, except that any psychological scientist employed by a recognized research 
laboratory, college, university or state or federal agency may represeHt himself by use the 
title conferred upon rum the scientist by the administration of such or equivalent 
laboratory, college, university or state or federal agency. Nothing in this section !!hall !mY 
be construed as permitting such persons to offer their service to any other persons or 
organizations as consultant~ or to accept remuneration for any psychological services 
other than that of their institutional salaries unless they have been licensed under this 
chapter. Visiting lecturers from recognized laboratories, colleges or universities are 
exempt from this section and may utilize their academic research title when presenting 
lectures to similar institutions or organizations. Students of psychology, psychological 
interns and other persons preparing for the profession of psychological examiner or 
psychologist under qualified supervision in recognized training institutions or facilities 
may be designated by such titles as "psychological intern", "psychological trainee" or 
others clearly indicating such training status. 
The use of.occasional services of qualified consultant psychologists from witlleHt tile 
~ 
another state or jurisdiction or the use of the services of organizations from witIleHt 
the State another state or jurisdiction employing qualified psychologists !!hall does not 
constitute the unlawful practice of psychology. 
2S 
:11 
Sec. Q-5. 32 MRSA §3813, as enacted by PL 1967, c. 544, §82, is amended to 
read: 
§3813. Limitations 
Nothing in this chapter !!hall !mY be construed to limit the professional pursuits of 
teachers and counselors in recognized public and private schools. In addition, nothing in 
this chapter may be construed as permitting the practice of medicine as described in 
section 3270 by psychological examiners or psychologists. 
Students of psychology, 
psychological interns and other, persons preparing for the profession of psychological 
examiner or psychologist may perform as a part of their training the functions specified in 
section 3811, but only under the supervision of a licensed psychologist. No industrial or 
business firm or corporation may sell or offer to the public or to other firms or 
corporations for remuneration any psychological services as specified in section 3811, 
unless such services are performed or supervised by individuals duly and appropriately 
licensed under this chapter as "psychologist". 
I 
II 
Sec. Q-6. 32 MRS A §3814, as amended byPL 1983, c. 413, §146 and PIo 1999, c. 
547, Pt. B, §78 and affected §80, is further amended to read: 
§3814. Penalties for unlicensed practice 
If any perseR sllall Persons who hold himself themselY~ out to the public as it 
psycllelegist psychologists or psychological e![sminer examiners or engage in 
psychological practice as defined in seetieR 3 g 11 this chapter and !!hall QQ not then 
possess in full force -a- valid ~ 
licenses to practice as psychological ~ReF 
examiners or psyellelegist psychologists under this chapter, he sllall ee Eleemed guilty of 
a Class II erime are subject to the provisions of Title 10, section 8003-C. 
Tile State may eriRg an aetien iR SHperior GeHrt te eRjeiR allY perseR Hem vi elating 
tllis cllapter, regardless ef wlletller preeeeEiiHgs Ilave eeea Of fRay be iRstitutOO-ffi..-ilie 
District Ceurt or wlletller crimiHal pmeeediRgs Ila\'e bee!Hlf--may be iHstitHted. 
Sec. Q-7. 32 MRSA §3816, as amended by PL 1983, c. 413, §147, IS further 
amended to read: 
§3816. Code of ethics 
The board sf B![aRHnerS shall adopt rules establishing a code of ethics in keeping with 
those standards established by the American Psychological Association or its successor or 
other organi7.ation approved by the board to govern appropriate practices or behavior as 
referred to in this chapter. 
Sec. Q-8. 32 MRSA §3818, as enacted by PIo 1975, c. 767, §43, is repealed. 
Sec. Q-9. 32 MRSA §3821, as amended by PL 1993, c. 600, Pt. A, §249, is 
further amended to read: 
§382I. Membership; terms; vacancies 
The State Board of Examiners of Psychologists, as established by Title 5, section 
12004-A, subsection 34, ane eallee tllB "eeare," consists of9 members who are appointed 
by the Governor to serve a term of 3 years. Two members of the board must be 
represBRtati\'es ef tile public members as defined in Title 5, section 12004-A. Seven 
members of the board must be licensed psychologists or psychological examiners witfl..at 
least ene merneer lieeasee a8 a psycllelegieal e![amiHer and insofar as possible be 
representative of the field of psychology. Tilese 7 members mHst ee represeR-tati,.·c ef tile 
field ef psyellelegy iHsefar as pessiele. Appointments of members must comply with 
Title 10, section W 8009. Before the filling of any vacancies of professional or public 
members, the Governor !!hall !mY solicit recommendations. A board member may be 
removed by the Governor for cause. 
Sec. Q-IO. 32 MRSA §3822, as amended by PL 198\ c. 4Rl, Pi. A, §58, is 
further amended to read: 
§3822. Meetings; chair; quorum 
I 
evidence of his the applicant's satisfactory completion of continuing professional 
education in accordance with rules adopted by the board. Trus stlBseetien talEes effeet en 
The board shall meet at least once a year to conduct its business and to elect a 
JaffiiafY I, 198e. 
ehairman, seerBtary and treaSlH'er chair. 
Additional meetings shall must be held as 
necessary to conduct the business of the board, and may be convened at the call of the 
Sec. Q-12. 32 MRS A §3831, as amended by PL 1985, C. 481, Pt. A, §61, is 
eaairman chair or a majority of the board members. Eaeh memeer shall ae eeffijlensated 
further amended to read: 
aeeerding te tae flrevisiens ef Title 5, ehapter 379, flrevided that the elEflense shall net 
exeeed tae fees eelleeted ay the aeard. 
Five members of the board saall at all times 
§3831. Licensure; qualifications 
constitute a quorum. The aeard saall keell stleh reserds aHd mintltes as are neeessaP,' te 
the erdinar.' disaateh ef its ftInetiens. 
1. Psychological examiner. Any flersen wishing te ebtain the right te flraetiee as a 
flsyshelegisal examiner, whe has net been Iieensed te de se, shall, befere it shall be 
Sec. Q-ll. 32 MRSA §3824, as amended by PL 1995, c. 397, §61, is further 
amended to read: 
la· .... ftIl fer him te flraetiee as a flsyehelegisal examiner. make apfllieatien te the State 
Beard ef EIEaminers ef Psyehelegists. tIflen stlsh fl}rm and in stleh marJ'ler as flressribed 
ay the beard. and ebtain frem the beard a lieense te de se. Unless stleh a flersen has 
§3824. Powers and duties 
ebtainea a lieense. it shall be tlnlawftll fer rum te flrastise ana, if he shall flrastise as a 
flsyshelegisal elEaminer withetlt first haying ebtained stlsh a liseRse, he shall be deemed 
The board shall have the following powers and duties, in addition to those otherwise 
te have vielated trus ehaflter. A candidate for this license shall furnish the board with 
set forth in this chapter. 
satisfactory evidence that he the candidate is trustworthy and competent to practice as a 
psychological examiner in such manner as to safeguard the interests of the public; has had 
a master's degree reflecting comprehensive training in psychology from an accredited 
educational institution recognized by the board as maintaining satisfactory standards; has 
had at least one year of full-time supervised experience in psychology of a type 
considered by the board to be qualifying in nature; is competent as a psychological 
1. Licenses. The board shall evaluate or cause to be evaluated the qualifications ami 
stlfleryise the elEaminatien of applicants for licensure under this chapter, and investigate 
er sause te be investigated all seffijllaints made te it and all sases ef nensemfllianse with 
this sheeter. inciudiHg the sUllervisien eflls\'cheleeisal examiHers. 
examiner as shown by passing such examinations, written or oral, or both, as the board 
deems determines necessary; is not considered by the board to be engaged in unethical 
practice; and has not within the preceding 6 months failed an examination eiyen bv the 
beard. 
2. Rules. The board may, in accordance with procedures established by the Maine 
Administrative Presedure Ast, Title 5, chapter 375, subchapter II 2, adopt such rules as 
may be reasonably necessary for the proper perfonnance of its duties and the 
administration of this chapter. 
3. HeRFiBgs. Hearings may be sendtleted by the beard te assist with in,'estigatiens, 
te determine whether greunds exist fer stlsflensien, reyesatien er demal ef a lieense, er as 
etherwise deemed nesessa}'), te the ftIlfillment ef its resflensibilities lindar trus ehaflter. 
Mearings shall be eenOOeted in senfermity with the Maine Administrati',oe Presedlire Aet, 
Title 5, shaflter 375, stIBehafltar IV, te the extent apfllieable The beard may stIBfleena 
witnesses. reserds and de6liffieRts in any hearin!!' it eendusts. 
2. 
Psychologist. 
Any persen wishing te ebtain the right te flrestiee as a 
flsyehelegist, 'Nhe has net been lieensed te de se, shall, before it saall be lav,wl fer rum 
te flrestiee flsyehelegy, malEe aflfllieatien te the State Beard ef EIEaminers ef 
Ps~'ehelegists, lipen slieh form and in slieh maHHer as flressribed by the beard, and ebffiin 
frem the beard a lieense te de se. Unless slieh a flarsen has ebtained a lieeRs!!, it shall be 
linlawftll fer him te flrastise and, if he shall flraBtiee flsyshelegy withetlt first haying 
ebtained a liaeRse, he shall be deemed te have yielated this shaflter. A candidate for this 
license shall furnish the board with satisfactory evidence that he the candidate is 
trustworthy and competent to practice as a psychologist in such manner as to safeguard 
the interest of the public; has received a doctorate degree reflecting comprehensive 
training in psychology from an accredited institution recognized by the board as 
maintaining satisfactory standards, at the time the degree was granted; has had at least 2 
years of experience in psychology of a type considered by the board to be qualifying in 
nature; is competent in psychology, as shown by passing such examinations, '.witten er 
eral, er aeth, as the board deems determines necessary; is not considered by the board to 
be engaged in unethical practice; and has not within the preceding 6 months failed an 
examination gh'en by the beard. The board shall recognize that valid comprehensive 
training in psychology must be received in or accepted by a single program, but may be 
5. Temporary licensure. The board shall j'lf8¥i6e adopt rules for the granting of a 
temporary license to enable psychologists to practice in this State under supervision Jlfier 
te ftIli lisenstlr!! by pending such examination as the board may require. An applicant 
who fulfills all the requirements for licensure, elEeeflt the written with the exception of 
any required examination, may apply to the board for a temporary license. 
Upon 
receiving a completed application and fee and Uflen tae apfllisant's stlseessftll eeffijlletien 
ef an eral examiRatien 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 pennanent licensure. 
The 
temporary license is effective for one year. 
6. 
Continuing education. 
The board shall establish in rules requirements for 
obtained through a degree given by administrative units other than a department of 
continuing education. The board shall require the applicant for license renewal to present 
psychology, including programs approved by the National Association of School 
Psychoiogists or the American Psychological Association designation program or their 
§3836. Endorsement; conditional licensure 
successors or other organizations approved by the board. The board shall adopt a list of 
these programs. Individuals with degrees from programs not on that list ;;hall must be 
evaluated on a case-by-case basis. 
The board may, at any time at its discretion, grant a conditional license without afI 
assemaled examination to any person who at the time of application is licensed ef 
eeftffied by a similar board of another state whose standards, in the opinion of the board, 
are equivalent to those required by this chapter. The board, at its discretion, may issue a 
conditional license, at the appropriate level, to applicants for a permanent license upon 
payment of the FeEjllifed fee as set under section 3833-A, te ae estaalished ay the direeter. 
Sec. Q-13. 32 MRSA §3832, as amended by PL 1983, c. 468, §23, is repealed and 
the following enacted in its place: 
§3832. Examination 
The conditional license is effective for one year and requires that the licensee practice 
only under supervision. An eral elHHlHsaties IffiIst ae takes asd passed The board may 
require conditional licensees to pass an examination approved by the board during the 
II 
term of the conditional license. 
The board shall prepare or approve an examination to measure the competence of an 
applicant to engage in the practice of psychology or as a psychological examiner in 
accordance with this chapter. 
The board may employ and cooperate with any 
organization or consultant in the preparation, administration and grading of an 
Sec. Q-18. 32 MRSA §3837, as amended by PL 1993, c. 600, Pt. A, §250 and PL 
examination. The board may adopt rules establishing examination criteria. 
1999, c. 547, Pt. B, §78 and affected by §80, is repealed. 
Sec. Q-19. 32 MRSA §3837-A is enacted to read: 
An application and examination fee may be established by the Director of the Office 
of Licensing and Registration within the Department of Professional and Financial 
Regulation under section 3833-A. 
§3837-A. Denial or refusal to renew license; disciplinary action 
Sec. Q-14. 32 MRS A §3833, as amended by PL 2001, c. 323, §23, is repealed. 
1. Disciplinary action. 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 
Sec. Q-15. 32 MRSA §3834, as amended by PL 1983, c. 413, §154, is repealed. 
license or impose the disciplinary sanctions authorized by Title 10, section 8003, 
subsection 5-A for: 
Sec. Q-16. 32 MRS A §3835, as amended by PL 2001, c. 323, §25, is further 
amended to read: 
A. 
Practice of psychology under a false or assumed name or impersonation of 
another practitioner of a like or different name; 
§3835. License renewal 
B. Habitual substance abuse that has resulted or is forseeably likely to result in the 
licensee performing services in a manner that endangers the health or safety of 
patients; 
Licenses issued under this chapter expire biennially tlfHHiate or as established by the 
Commissioner of Professional and Financial Regulation, if set resewed. 
A person 
licensed under this chapter shall submit, on or before the ffiemHaI established expiration 
C. An incapacitating mental illness or condition; 
D. Practice of medicine without a license to do so in violation of section 3270; 
date, an application for license renewal together with the ffiemHaI renewal fee as set under 
section 3833-A set ay the direeter. 
E. Practice by a licensed psychological examiner at a level requiring a psychologist's 
license or any representation by a psychological examiner that that psychological 
examiner is a psychologist; or 
The aeard shall setify e'leF)' lieessed psyehelegist ef the eKpiraties date ef the 
Iieesse asd isdieate the am9<lflt ef fee reqHired fer bitlflHial resewal. This setiee must ae 
mailed te eaeh perses's last lffiewfl address at least 30 days is advasee ef the elEpiraties 
date ef that lieesse. A license may be renewed up to 90 days after the date of expiration 
F. Negligence in the performance of the licensee's duties. 
2. Reinstatement. The board, for reasons it determines sufficient, may reissue a 
license to a psychological examiner or psychologist whose license has been revoked or 
has not been renewed if 4 or more of its members vote in favor of reissuance. 
upon payment of a late fee in addition to the renewal fee as set under section 3833-A. 
Any person who submits an application for renewal more than 90 days after the license 
renewal date is subject to all requirements governing new applicants under this chapter, 
except that the board may in its discretion, giving due consideration to the protection of 
the public, waive examination if that renewal application is made received, together with 
the late fee and renewal fee, within 2 years from the date of that expiration. 
Sec. Q-20. 32 MRS A §3838, as amended by PL 1985, c. 481, Pt. A, §63, is 
repealed. 
Sec. Q-17. 32 MRSA §3836, as amended by PL 2001, c. 323, §26, is further 
amended to read: 
Sec. Q-21. 32 MRSA §3839, as repealed and replaced by PL 1983, c. 413, §159, 
is repealed. 
Sec. Q-22. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 32, chapter 56, subchapter 3, in the subchapter 
hcadnote, the word "registration" is amended to read "licensure" and the Revisor of 
Statutes shall implement this revision when updating, publishing or republishing the 
statutes. 
PARTR 
Sec. R-l. 32 MRS A §4854, as amended by PL 1997, c. 246, §7, is further 
amended to read: 
'I 
§4854. State Board of Veterinary Medicine 
The State Board of Veterinary Medicine, as established by Title 5, section 12004-A, 
II 
subsection 42, within the Department of Professional and Financial Regulation, consists 
of 6 members, appointed by the Governor, 5 of whom must be licensed veterinarians who 
are residents of this State and graduates of a veterinary school and who have been 
licensed to practice veterinary medicine in the State for the 5 years preceding their 
appointment and one memeer who must ae a representative of the public member as 
defined in Title 5, section 12004-A. At least 30 days aefore the appointment of a lieeHsed 
MaiHe veteriHariaH to the board, the State VeteriHary Medieal AssoeiatioH shall forward 
to the Governor for oonsideration the Hames of 3 or more qualified 'o'eterinarians. 
Members are appointed for 5-year terms. Appointments of members must comply with 
Title 10, section 60 8009. A person may not serve on the board who is, or has been 
during the 2 years preceding appointment, a trustee or a member of the faculty or 
advisory board of a veterinary school. 
Sec. R-2. 32 MRS A §4855, as amended by PL 1997, c. 246, §8, is repealed. 
Sec. R-3. 
MRS A §4856, as amended by PL 1997, c. 246, §9, is further 
amended to read: 
§4856. Meetings; chair; quorum 
The board shall meet at least once a year at a time and plaee fixed ay the aoard !.Q 
conduct its business and to elect a chair. Other meetings may ae ealled ay the ehair by 
gi>.'iag notiel! as re~ired ay rule. Additional meetings must be held as necessary to 
conduct the business of the board and may be convened at the call of the chair or a 
majority of the board members. 
A majority Four members of the board eonstitlltes 
constitute a quorum. 
Sec. R-4. 32 MRSA §4859, as amended by PL 2003, c. 251, §I, is further 
amended to read: 
§4859. Powers 
The board shall have has the power to: 
1. 
Establish standards. Establish, consistent with this chapter, standards of 
qualification for the practice of veterinary medicine in the State of Maine, and, for the 
I 
II 
purpose of section 4853, subsection 8 and section 4861, recognize schools of veterinary 
medicine~~ 
2. License; set standards. The power to -grant Grant and deny licenses.,..regifit8f and 
Ie set standards fuf ill practice for veterinarians practicing veterinary medicine in this 
State and for the performance of duties by veterinary technicians; 
3. After hearing, adopt, amend or repeal rules. After hearing, adopt, amend or 
repeal rules in accordance with Title 5, chapter 375, subchapter II ~, necessary to carry 
into effect this chapter. These rules must be made in accordance with the purpose and 
intent of the law and the standards set forth in this chapter and include, but are not limited 
to, rules concerning misconduct, fraud, advertising, standards of competency, personal 
conduct, standards of sanitation for the operation of veterinary hospitals, associations 
with other veterinarians arIEl, unprofessional conduct and qualifications for licensure. 
Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, 
chapter 375, subchapter 2-A; and 
S. 
Cendnot in'.'estigatieDs. COHduot iH\'estigatioHs of alleged yiolatioHs of this 
chaeter and the rules adollted thereunder. 
6. 
License veterinary technicians. Regil;ter License veterinary technicians in 
accordance with procedures as the board may prescribe by rule;. Rules adopted pursuant 
to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 
2-A. 
7. Held heaFings. Hold heariHgs OH all matters properly arought aefore the aoard 
aHd in eOHHectioH therete to admiHister oaths, receive e'o'ideHee, make HecessaF)' 
deternHHations aHd eHler orders cOHsistent ","ith the fiHdiHgs. The soard may require sy 
SubpoBHa the attBHdaHce aHa testimo~' of witHBsses aHa the preduetioH ef papers, records 
or other doeUlfleHtary e\'ideHee aHd coFHmission dellositioHs. 
8. BFing JlFeoeedings. 'Bring proceedings in the courts for the enforo6lfleHt of this 
CRaAter or aHY rules made eursuaH! thereto. 
Sec. R-5. 32 MRSA §4861, as amended by PL 2005, c. 347, Pt. C, §I, is further 
amended to read: 
§4861. Application for license; qualifications and examination 
A person desiring a license to practice veterinary medicine in this State shall must 
make written application and pay the required licensure license fee ~ set under section 
4863-A. 
The application must show that the applicant holds a doctorate degree in 
veterinary medicine from an approved veterinary medicine program that is recognized by 
the United States Department of Education and by the board, and is a person of good 
moral character trustworthy and competent and provide such other information and proof 
as the board may establish by rule, The board may adopt rules applicable to graduates of 
approved veterinary medicine programs by the Commissioner of Education and rules 
applicable to foreign educated graduates who can demonstrate equivalent education and 
I 
trammg. Rules adopted pursuant to this section are routine technical rules as defined by 
Title 5, chapter 375, subchapter 2-A. 
definition of good standing, as establislled by tile board, tile applicant sllall provide, 
to tHe satisfaetion of tHe board, tHat tile applieaAt is tjualified for lieensure in tHe State 
and FAay praetiee under tile restrictions and limitations on tHat lieense, and tHose 
limitations, if any, may inelude eonditions of probation before tHe iSSHanee of a 
lieeflse other jurisdiction; 
I-A. 
Examinations. 
Examinations, written or practical, must be prepared to 
measure the competence of an applicant to engage in the practice of veterinary medicine. 
The board may also test an applicant's knowledge of the laws and rules relating to the 
practice of veterinary medicine. The board may require successful completion of an 
D-I. 
Has sHcessfully successfully passed an examination pursuant to subsection 1-
equivalency examination or assessment mechanism for foreign educated and trained 
A pertaining to the practice of veterinary medicine as determined by board rule. The 
applicants that is designed to evaluate educational equivalence, including clinical 
board may require the applicant to submit to an examination covering the laws and 
competencies and a command of the English language. 
rules pertaining to the practice of veterinary medicine in this State; and 
The board may employ and cooperate and contract with an organization or consultant in 
E. 
Has actively practiced clinical veterinary medicine for 3,000 hours during the 3 
the preparation, administration and grading of an examination, but SHall retain retains sole 
years preceding application. 
discretion and responsibility for determining which applicants have successfully passed 
the examination. The applicant shall pay the reqffired examination fee ~ set under 
Sec. R-6. 32 MRSA §4862, as amended by PL 1997, c. 246, §19, is repealed. 
section 4863-A. 
Sec. R-7. 32 MRS A §4863, as amended by PL 2003, c. 251, §3, is further 
J. 
Oral OF practical examination. At its discretion, tHe board may orally or 
amended to read: 
practically examine any person tjHalifying for lieensure Hnder tHis seetioR. 
THe 
ellamination may cover laws and rules relating to tHe practice of veterinary medicine. 
§4863. License renewal 
3. 
Temporary permit. The board may issue without examination a temporary 
permit to practice veterinary medicine in this State to a qualified applicant for license 
pending examination. A temporary permit issued pursuant to this subsection expires the 
day after the notice of results of the first examination given after the permit is issued. 
The applicant shall pay the reqffired temporary permit fee set under section 4863-A. 
All licenses expire annually on such date as the commissioner may designate, and 
may be renewed with the board by payment of -&- the renewal fee ~ set under section 
4863-A. 
At least 30 days prior to tHe aIlflual rene' .. "al date, tHe Department of 
Professional and Finaneial RegHlation SHall mail a notice to eaeH licensee and registrant 
tHat tHe license or registration elfpires on tHe renewal date and provide a renewal 
application form for reregistration. 
All persons graAted permits Hnder tHis seetion SHall furniSH proof of liability insHranee to 
eo\'er tHe date of tHis permit. 
4. Permit for performance of relief veterinary service. The board may issue 
without examination a permit to perform relief veterinary service in this State to a 
qualified person who holds a doctorate degree in veterinary medicine from an approved 
veterinary medicine program that is recognized by the United States Department of 
Education and by the board or by rules of the board applicable to foreign educated 
graduates, and who holds a current license for the practice of veterinary medicine issued 
by another state, territor), or district of tHe United States territory. province of Canada or 
Licenses may be reinstated up to 90 days after the date of expiration upon payment of 
a late fee ~ set under section 4863-A in addition to the renewal fee. A person who 
submits an application for renewal more than 90 days after the license renewal date is 
subject to all requirements governing new applicants under this chapter, except that the 
board may, giving due consideration to the protection of the public, waive examination if 
that renewal application is made received, together with the late fee, renewal fee and 
additional late fee as set under section 4863-A, within 2 years from the date of the 
expiration. In addition, tHe board may ley)' penalties for nonrenewal. 
other jurisdiction. The board may establish, by rule, the application process. The initial 
By rule the board may waive the payment of the registration renewal fee of a licensed 
term of a permit issued under this subsection may not exceed 30 days. Extensions may be 
veterinarian during the period when that veterinarian is on active duty with any branch of 
granted in the discretion of the board. The applicant shall pay the reqffired relief permit 
the Armed Services of the United States, not to exceed the longer of 3 years or the 
fee ~ set under section 4863-A. 
duration ofa national emergency. 
5. Licensure by endorsement. The board shall grant a license by endorsement to a 
Sec. R-8. 32 MRS A §4864, as amended by PL 2005, c. 347, Pt. C, §2, is further 
veterinarian who: 
amended to read: 
A. 
Has submitted a complete application; 
§4864. Denial or refusal to renew license; disciplinary action 
B. 
Has paid the reqffired examination and license fee as set under section 4863-A; 
THe baard, on its own motion or \!flon eomfllaint made to it, may Hold a Hearing to 
C. 
Is lieensed in good standing in Holds a valid license issued by another state, 
determine wHetHer er net 'lielatiens of tHis chapter ar tHe standards fer tHe flraetiee of 
United States territory eF, province of Canada or, if an aflplieant does not meet IHe 
\'eterinary medieine adopted by tHe board Have been violated. Hearings eondHctea Hnder 
this seetiea are "aEljlieieatery preeeeeiags" aae ffiliSt be eeaEllietee ia aeeerElanee 'lAth tae 
previsieas ef Title 5, e~ter 375, SlieeHaj3ter N. The eearEl has the atltlierity te isslie 
slibpeeaas sli&jeet te the pre'/isieas ef Title 5, seetiea 9Q8Q. If the beare eeasieers a 
Iieeasee has eefllfffittee aay ef the aets set ferth ia this seetiea, it shall either repert its 
fiaeings te the Atteffie~' GeaeraJ fer j3rese6litiea ia the Distriet CelHt fer slispMsiea er 
reYeeatieH ia aeeerElaaee wita Title 4, ehllj3ter 5, er plaee the lieeasee ea preeatieH fer a 
eertaiH j3eriee ef time elififlg 'wrfiiea tae lieeasee shall file j3erieeie afiiea'o'its ef the 
lieeasee's j3raetiee ill aeeersanee with the staaeares set by the beare, ef eeaSlife, by letter, 
the lieMse!!. Th!! fellewiHg aets ar!! greliHes fef eiseipliHary aetieH by the beard ef fer 
re~'eeatieH eF slispeasiea by ta!! Distriet Celirt: 
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: 
I. Con'lietions. CeH~'ietien ill this Stat!! er another state er ia a feeerel eelirt ef a 
feleHY eT ef a eAme iaYel'lial! meral tliFBitliEle: 
;Z. FFalid. Tae empleym!!at ef Hatle, misrepT!!SeBtatiea eT EleeeptieH ia eetaiaiag a 
~ 
3, 
Violation of drug laws, Conviction of violation of any federal or state law 
regulating the possession, distribution or use of any narcotic drug or cannabis; 
4, Chronic use of drugs, Chronic or habitual use of drugs; 
5-A, Mental illness. A medical finding of mental incompetency; 
6. Certain prescriptions of narcotics. Prescribing narcotic drugs for other than 
accepted therapeutic purposes; 
7. MalpFaetiee. Gress eT refleatee malflraetiee; 
8. Ineompetenee OF gFOSS negligenee. ffieeffij3eteaee er gress aegligeaee; 
9. Cruelty to animals. The performance of any 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; 
10. Permitting a veterinary technician to perform prohibited acts. Permitting any 
TegisteTee licensed veterinary technician operating under the licensee's supervision to 
perform any act or operation other than that pennitted under section 4866; 
11. Unprofessional conduct. Unprofessional conduct, as defined in the rules of the 
board, includes, but is not limited to, the following: 
A. 
Advertising in any manner considered by the board to be false, misleading or 
otherwise deemed unprofessional; 
B. 
Knowingly making any false or fraudulent statement, written or oral, in 
connection with the practice of veterinary medicine; 
II 
C. 
Refusing to divulge to the board upon demand, the means, method, device or 
instrumentality used in the treatment of a disease, injury, ailment or infinnity of any 
animal; or 
D. 
Fraud or dishonesty in the application or reporting of any test for disease in 
animals or making a false report of any contagious or infectious disease; 
12. Unauthorized associations. A veterinarian may practice only in an individual 
capacity under that veterinarian's own name or in association with a licensed practitioner 
of veterinary medicine or professional association. The following are deemed 
unauthorized associations: 
A. 
Association for the joint practice of veterinary medicine with any person, 
corporation or partnership not licensed to practice veterinary medicine; 
B. 
Knowingly aiding and abetting in the practice of veterinary medicine any person 
not licensed to practice in this State; 
C. 
The lending, leasing or in any other manner placing of one's sertifieate ef 
registTatiea er license at the disposal of or in the service of any other person not 
licensed to practice veterinary medicine in this State; and 
D. 
The continuance of a veterinarian directly or indirectly in the employ of or in 
association with any veterinarian after knowledge that such veterinarian is engaged in 
the violation of the provisions of this chapter; ill: 
13. Lack of sanitation. Failure to maintain veterinary premises and equipment in a 
clean and sanitary condition as defined by the board in accordance with the sanitation 
provisions included in Title 7, section 3936;-er~ 
14. Violation. Vielalioa ef a I1Fe'<'isieH ef this ehal1teF eF a ruJe aaeptea By tfle 
Warth 
Sec. R-9. 32 MRS A §4865-A, as amended by PL 2005, c. 347, PI. C, §4, is 
repealed. 
Sec. R-IO. 32 MRSA §4870, as amended by PL 1993, c. 404, PI. A, §14, is 
further amended to read: 
§4870. Enforcement 
Any person, who shall I1raetise practices veterinary medicine without a currently 
valid license, temporary permit or permit for the performance of relief veterinary service, 
shall ee gliilty ef a Class E eAme, j3rovieee that eaeh aet ef slieh lialawful praetiee saall 
seastit\lte a aistiaet aae separate effease is subject to the provisions of Title 10, section 
8003-C. 
A l1ersea whe I1raetises veteriHarl meElisiHe withelit a 6mreBtly valiEl lieeHse, 
temperary pemHt or permit fer the perfermaHse ef relief veteAaary seryise may Het 
feeei'ie aHY seffij3easatieH fer serviees nmElefee. A vt!teAHary teelmieiaa eHlfJloyea By a 
veteriaariall is subiest to seetieH 4888. 
I 
The board or any ci~tms State may bring as aetiofl to efljom aay llersos from 
~g 
veterinary modioifle withOlo!t a OHFFefltly valilol lioeflse, teH!flOfill)' llemHt ~r 
~ 
j~tF--!he-llorfurmanGe of reliof veteriflary serv4ee. If the COHrt fislols that the llefsoflls 
I 
Sec. S-4. 32 MRSA §4906-A, as amended by PL 1985, c. 748, §42, is further 
amended to read: 
~g;-{,F is threatefllflg to violate this ch8Jlter, it shall eflter aa inj\lfl:etiofl restrainiflg 
§4906-A. Subsurface sewage disposal 
him from sHeh Hfllaviful acts. 
Persons who have been licensed by the Department of Professional and Financial 
~(Jssful maintenance of an aotiofl based Ofl afl)' ofle of the remedies set furth is 
Regulation pursuant to Title 22, section 42, subsection 3-A, to evaluate soil for 
this section shall in flO way pr~Hdioe the llFeSeoHtiofi of afl actiofl based os a~' other of 
subsurface sewage disposal are exempt from the oertifieatiofl license requirement if their 
the remedies. 
soil evaluation work relates solely to subsurface sewage disposal systems. 
Sec. R-ll. 32 MRS A §4871, as amended by PL 1997, c. 246, §27, is repealed. 
Sec. S-5. 32 MRSA §4907, as amended by PL 1995, c. 397, §§65 and 66, is 
further amended to read: 
Sec. R-12. 32 MRS A §4873, as enacted by PL 1975, c. 477, §4, is repealed. 
§4907. Board 
II 
Sec. R-13. 32 MRS A §4874, as enacted by PL 1979, c. 291, §13, is amended to 
read: 
The State Board of Certification for Geologists and Soil Scientists as established by 
Title 5, section 12004-A, subsection 19, shall administer this chapter aad its offiee shall 
§4874. Immunity from civil liability 
be witms the Dellartmeflt of Professioflal aHd Fiflafleial RegHlatiofi. The board shall 
eeftS4st consists of 7 members, 5 of whom eftIHl:..be are appointed by the Governor from 
the following categories: One academic geologist; one independent consultant or salaried 
geologist; one independent consultant or salaried soil scientist; one other soil scientist; 
and a F811F8sefitati'ie of the public member as defined in Title 5, section 12004-A. The 4 
geologist members appointed by the Governor must be licensed under this chapter. The 
6th and 7th members shalJ..8e are the State Soil Scientist with the Maine Soil and Water 
Conservation Commission, ex ~ficio, and the State Geologist or the State Geologist's 
designee, who shall must be a geologist employed in State Government, ex officio. No 
person, except the f8flresentati'<,e of the public member, may-be i~ eligible for 
appointment to the board unless certified under this chapter. 
Notwithstanding any inconsistent provisions of any public or private and special law, 
any person who voluntarily, without the expectation of monetary or other compensation 
renders first aid, emergency treatment or rescue assistance to an animal who is ill, injured 
or in need of rescuc assistance, shall ~ not be liable for damages for injuries alleged to 
have been sustained by the animal lIeF Q[ for damages for the death of the animal aJleged 
to have occurred by reason of an act or ommission omission in the rendering of the first 
aid, emergency treatment or rescue assistance, unless it is established that the injuries or 
the death were caused willfully, wantonly or recklessly or by gross negligence on the part 
of the person. 
PART S 
1. Qualifications. Each member of the board shall be a eitii'len of the Unit eel States 
and shall must have been a resident of this State for at least 5 years immediately 
preceding his the appointment. 
Sec. S-1. 32 MRS A §4902, sub-§l-A is enacted to read: 
I-A. Approved. "Approved" means approved by the board. 
2. Term. Appointments are for 5-year terms. Appointments of mcmbers must 
comply with Title 10, section 6G 8009. A board member may be removed for cause by 
the Governor. 
Sec. S-2. 32 MRS A §4903, sub-§l, as enacted by PL 1981, c. 501, §70, is 
amended to read: 
1. Licensure required. No person may practice or offer to practice geology or soil 
science in the State without certifieation in aecordaflce with a current license issued under 
this chapter, unless specificaJly exempted from the certification license requirement by 
this chapter. 
4. Meetings; chair; quorum. The board shall meet at least once a year to ("onduct 
its business and to elect its offieers a chair. Additional meetings shall mU2 be held as 
necessary to conduct the business of the board; and may be convened at the caE of the 
ehaiffllaH chair or a majority of the board members. ~-tafd..shall, e'.'ery 2 yeaFS,e!ee! 
a ohairmafl 'Nho shall ae a member of the board. Nfl ohaif1T1U11 may sen'€! mOfe--lflafh! 
Sec. S-3. 32 MRSA §4906, first ~, as amended by PL 1981, c. 501, §72, is 
eOflseeHti\'e terms. Four members of the board con~titut~~!ll!~nlm. 
further amended to read: 
FOllr memBers shall eORstitllte a EjHOrunr. 
The following persons shaJ.l...be ?De exempt from the certifieation license requirement 
The Board shall keep sHeh records aRd rniflutes as are neeess&~~-Bf"'fffia'fJ'4it;f'1alvh 
imposed by this chapter: 
8 
of its funetions. 
S. Hearings. Hearings may be eans",etes by tRe baare ta assist with invtlstigatians, 
ta seternllne wnethtlr graunds e*ist for suspensiaH, re'o'aeatiaH ar senial af a lieense, aT as 
atherwise deemed neeessary ta the fulfillment af its respansibilities Hader this ehapter. 
The baars shall nat refuse ta renew a lieeHse for aHY reasaH ather than fail",re ta pay a 
requires fee, uRless it has afforees the lieeHsee aD eppartunity for aH asjusieatery 
heariHg. The bears shall hels an aEijusieatary hearing at the ' .... TitteD request. af an;' perseR 
whe is denies a lieeflse · .... ithaut a heariHg for aay reasan atner thaH failure te pay a 
required fee, pra'o'ides that the request for heariHg is re~eh'ed by the b~ar~ within 3G days 
af the applieaDt's reseipt of \'fritteD notiee of the demal af hiS aj3pheahe~, the reasa.fls 
therefor and his right ta request a heariflg. Heariags shall be eaadueted In eanfofHllty 
with the MaiHe Administrati~'e Praeedure Ast, Title 5, ehapter 375, subehaj3ter IV, ta the 
e*teHt aj3plieable. The board may subpaeHa witHesses, reeards aHd daeumeDts iH aft;' 
hearinl! it sansusts. 
Sec. S-6. 32 MRSA §490S, sub-§l, as amended by PL 1987, c. 395, Pt. A, §176 
and PL 1995, c. 502, Pt. H, §48, is repealed. 
Sec. S-7. 32 MRSA §490S, sub-§2, as amended by PL 1995, c. 397, §68, is 
repealed. 
Sec. S-S. 32 MRSA §4909, as amended by PL 1999, c. 386, Pt. P, §1, is further 
amended to read: 
§4909. Qualifications 
AR aj3plisatiaH for eertifisatiaH as a gealagist ar sail seieAtist shall hI!! made ta the 
baard aH a form pfl;lseribed by it arid shall be aesalflj3aflied by the prl!!ssribed appliaatiaH 
~ 
An aj3plisaAt for sertifieatiaH as a gealagist ar sail saieHtist shall ha'il!! all the 
fol!awiHI! ElualifieatiaHs: 
I. Be af high ethisal oFefessiaHal staHdards; 
I-A. Application. An applicant for licensure as a geologist or soil scientist shall file 
an application and pay the application fee as set under section 4912. An applicant for 
licensure as a geologist or soil scientist must be trustworthy and competent. 
2. Geologist examination requirements. As a geologist, to qualify to sit for the 
examination for sertifieatian licensure, an applicant 5hall must: 
A. Be a graduate of an accredited college or university with a major in geological 
sciences, or have completed 30 credits in geological sciences at an accredited college 
or university, or have at least 7 years of professional geological work whieh that shall 
include either a minimum of 3 years of professional geological work under the 
supervision of a qualified geologist or a minimum of 5 years of responsible charge of 
geological work; 
B. Have acquired 7 years of experience in responsible charge of geological work, 
toward which an undergraduate degree with 30 credit hours or more in geological 
science courses shall--eeur\t counts as 2 years of training and e~ch year of graduate 
study in the geological sciences shall seHat counts as 112 year of training. up to a 
maximum of 2 years of credit; and 
C. Receive credit toward the experience requirement subject to the evaluation of the 
board. Applicants with less than 30 credit hours in geological science courses may be 
given proportional work-experience credits for such academic credit hours as they 
may have acquired. 
2-A. Soil scientist examination requirements. As a soil scientist, to qualify to sit 
for the examination for sertifieatisH licensure, an applicant must: 
A. 
Be a graduate of an approved 4-year college curriculum leading If) a 
II 
Baccalaureate Degree, in which the applicant has successfully completed a minimum 
of 15 credit hours of soil or soil-related courses of a pedological nature and have a 
specific record of an additional 3 years or more of experience in soil science of a 
grade and character that indicates to the board that the applicant may be competent to 
practice as a soil scientist and be otherwise qualified. Teaching pedological course5 in 
a college or university offering an approved 4-year soil science or agronomic 
curriculum must be considered as experience in soils investigations. 
Applicants may sit for the General practice examination upon graduation from an 
approved 4-year college and may sit for the professional practice examination upon 
completion of the experience requirement as stated in this subsection. 
"Additional 3 years of experience" does not imply a sequence of obtaining a degree and 
then experience. Experience time may not be granted for time while emolled in courses, 
but summer employment must be counted even though a degree may not have been. 
obtained. 
Actual field experience in an acceptable apprenticeship program counts as experience 
time. 
Each degree beyond the bachelor's degree counts as one year of experience. 
Soil-related courses may amount to only 20% of the required 15 credits for a maximum 
of 3 credits. 
3. Examination. Sit An applicant shall sit for and pass an examination before the 
board or its authorized representatives. Such examination will be held at certain specified 
times and of such scope as prescribed by the board. 
Generally, the examinations 5hall must test the applicant's knowledge basic to 
geology or soil science and his the applicant's ability to apply that knowledge and to 
assume responsible charge in the professional practice of geology or soil science. 
An applicant for el!!rtifieatieH saaH licensure must meet all the requirements of this 
chapter and, in addition, 5hall must have 3 years' experience in geology or soil science as 
defined by this chapter and in the rules and regulations of the board to be provided. 
An applicant failing in an examination may be examined again upon filing a new 
application and the payment of the prescribed fees. 
I 
The board, upon application therefor, on its pressAeed fonn and upon tfle payment of 
the application and sertifisation license fees, may issue a sertifieate license as a geologist 
or soil scientist without written examination to any person holding a sertifisate license as 
a geologist or soil scientist issued to him that geologist or soil scientist by any state or 
country having equivalent requirements, when the applicant's qualifications meet the 
other requirements of this chapter and the rules established by the board. 
In determining the qualifications of an applicant for eertifieation licensure, a majority 
vote of the board is required. 
Any applicant who has passed the examination or has otherwise qualified as a 
geologist or soil scientist upon payment of the eertifieation fee fixed 13)' this ehapter as set 
under section 4912,-shafl must have a eertifieate license as a geologist or soil scientist as 
appropriate. 
Sec. S-9. 32 MRS A §4911, as amended by PL 1999, c. 685, § 15, is further 
amended to read: 
§4911. Expiration and renewal 
Certifieation e)(pires Licenses expire on December 31 st iHlIllIaIly or at such other 
times as the Commissioner of Professional and Financial Regulation may designate and 
aeeemes become invalid on that date unless renewed. It is the dllty of the Offise of 
Lieensing and Registration within the Department of Professional IIfld Pinanoial 
RegHlation to notify, at the last Imown address, e>lef)' person registered lInser this shapter 
of the lieense e)(piration date and the amollnt of the fee that is reqllired. The notiee FHlIst 
ee mailed at least one month in advanse of the expiration date. 
A eeFtifieate license 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 4912. Any person 
who submits an application for renewal more than 90 days after the license renewal date 
is subject to all requirements governing new applicants under this chapter, except that the 
board may, in its discretion, giving due consideration to the protection of the public, 
waive examination if the renewal application is maGe received, together with the late fee 
and renewal fee, within 2 years from the date of the expiration. 
Sec. S-IO. 32 MRSA §4912, as repealed and replaced by PL 1999, c. 685, § 16, is 
amended to read: 
§4912. Fees 
The Director of the Office- of Licensing and Registration within the Department of 
Professional and Financial Regulation may establish by rule fees for purposes authorized 
under this subchapter in amounts that are reasonable and necessary for their respective 
purposes, except that the fee for anyone purpose may not exceed $250 annually. Rules 
adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 
375, subchapterH--A2-A. 
Sec. S-l1. 32 MRSA §4913, as amended by PL 1983, c. 413, §184 and PL 1999, 
c. 547, Pt. B, §72 and affected by §80, is repealed and the following enacted in its place: 
§4913. Denial or refusal to renew license; disciplinary action 
The board may deny a license, refuse to renew a license or impose the disc;lplin'ID' 
sanCtions authorized by Title 10, section 8003, subsection 5-A for any of th~JeasQill 
enumerated in Title 10, section 8003, subsection 5-A, paragraph A. 
Sec. S-12. 32 MRSA §4915, as amended by PL 1975, c. 760, § 19, is repeaJed. 
Sec. S-13. 32 MRSA §4919, as amended by PL 2001, c. 421, PI. B, §99 and 
affected by Pt. C, § I, is further amended to read: 
§4919. Unlicensed practice 
II 
A person who violates an)' of the provisions of this shapler for whish a penalty-has 
not eeen preseriaed eOHllflits a si'iil violation for whish a forfeilHfe of -flOt-rnere-fftafl 
$1,000 ma), ae adjlldged section 4903 is subject to the provisions of Title 10, section 
8003-C. 
The State may ering an aetion in SlIpeAor Calif-! to enjoin any persoH from violating 
this sh<q;lter, regaraless of whether olller administrative, oivil Of 6Timinal ~ 
ha'le eeen or may ee iastitllted. 
Sec. S-14. 32 MRSA §4920, as enacted by PL 1985, c. 389, §22, is repealed. 
PARTT 
Sec. T-l. 32 MRSA §5503, sub-§3, as enacted by PL 2001, c. 261, §4, is 
amended to read: 
3. Person registered and practicing forestry. A person registered and practicing 
forestry under the supervision of a forester as set forth by section 5515, subsection 9 ill 
paragraph B; or 
Sec. T-2. 32 MRS A §5505, as enacted by PL 2001, c. 261, §4, is amended to 
read: 
§5505. Board; organization 
1. Establishment; purpose. The Board of Licensure of Foresters, as established 
within the department pursuant to Title 5, section 12004-A, subsection 17, administers 
the provisions of this chapter to protect the public by improving the standards relative to 
the practice of forestry, to protect the public from unqualified practitioners and to help 
ensure the proper management of the forest resources of the State. 
2. Members. The board consists of 6 members appointed by the Governor. Each 
member must be a citizen of the United States and a resident of this State. The board 
consists of: 
A. 
One public member as defined in Title 5, section 12004-A; and 
B. Five foresters who hold valid licenses. 
3. 
Terms; removal. 
Terms of the members of the board are for 3 years. 
Appointments of members must comply with Title 10, section 8009. Members may be 
removed by the Governor for cause. 
4. Meetings; chair; quorum, The board shall meet at least once a year aHa at slieh 
ether times as tHe aeEll'a aeteflfliHes HeeessaF)' to conduct its business and to elect a chair. 
Additional meetings must be held as necessary to conduct the business of the board and 
may be convened at the call of the chair or a majority of the board members. A majerity 
ef.4e Four members of the board sOHstiMes constitute a quorum fer the traHsaetiel1 ef 
II 
blisil1ess IiHaer this ehapter. 
S. EleetieH ef effieers. The aeara shall aHffilally eleet a ehair aHa ether efReers as it 
eetermiHes H80eSSary. 
Sec, T-3. 32 MRS A §550S, as enacted by PL 2001, c. 261, §4, is repealed and the 
following enacted in its place: 
§5508. Duties and powers 
The board shall administer and enforce this chapter and evaluate the qualifications of 
applicants for licensure. 
Sec. T-4. 32 MRSA §5509, as enacted by PL 2001, c. 261, §4, is repealed. 
Sec. T -5, 32 MRSA §5509-A is enacted to read: 
§5509-A. Denial or refusal to renew license; disciplinary action 
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: 
1. Aiding or abetting. Aiding or abetting a person in conduct that constitutes a 
violation of this chapter; 
2. Lack of trustworthiness. A lack of trustworthiness and competence on the part 
of the applicant or licensee to conduct forestry practices in a manner that safeguards the 
interests of the public; 
3. Suspension or revocation of license. Suspension or revocation of a professional 
or occupational license for disciplinary reasons or rejection of an application for reasons 
related to untrustworthiness within 3 years prior to the date of application; or 
4. 
Failure to meet professional qualifications; failure to submit complete 
application. Failure to meet the professional qualifications for licensure as provided in 
this subchapter or failure to submit a complete application within 30 days after being 
notified of the materials needed to complete the application. 
I 
Sec. T-6. 32 MRSA §551O, as enacted by PL 2001, c. 261, §4, is amended to 
read: 
§551O. General qualifications 
1. Application. The applicant shall submit a j'lreflerly eeFHj'lleted ill! application eH 
feFHIS Rimishea by the beam, together with the j'lFeSsribea fee as set under secti()n 5507. 
2. CrimiBal history iBfoFmatioB. SOOjeet te Title 5, ehaj'lter 341, the apfllieant shall 
llf8'liEie erimiHal hist8Pl' reeerEi iHfeFHIatieH. 
Sec. T-7. 32 MRSA §5512, as enacted by PL 2001, c. 261, §4, is repealed. 
Sec. T-S. 32 MRSA §5513, as enacted by PL 2001, c. 261, §4, is repealed. 
Sec. T-9. 32 MRSA §5514, sub-§5, as amended by PL 2003, c. 364, §3, is 
further amended to read: 
5. 
Renewal. 
Licenses expire annually on December 31 st or on, a date the 
commissioner determines. 
The board shall issue a renewal license, subject to the 
limitations set forth in subsection 6, upon receipt of the written request for renewal, the 
!!fHl\!al renewal fee as set under section 5507 and evidence of satisfactory completion of 
continuing education as set forth in subsection 4. Licenses may be renewed up to 90 days 
after the date of expiration upon payment of a late fee as set under section 5507 in 
addition to the renewal fee. A person who submits an application for renewal more than 
days after the license has expired is required to pay a late rBHeVial j'lBflalty an 
additional late fee as set under section 5507 in addition to the 90-day late fee and renewal 
fee. 
Sec. T-I0. 32 MRSA §5515, sub-§6, as enacted by PL 2001, c. 261, §4, is 
amended to read: 
6. Examination. Each applicant for a forester license shall submit an application 
and examination fee as set under section 5507 and successfully pass an examination 
aamfHistefea approved by the board designed to test an individual's knowledge to engage 
in the practice of forestry. 
Applicants shall must meet all other qualifications for 
licensure prior to taking the examination. 
Sec. T-l1. 32 MRSA §5515, sub-§S, as amended by PL 2003, c. 364, §4, is 
further amended to read: 
8. 
Renewal. 
Licenses expire annually on December 31 st or on a date the 
commissioner determines. The board shall issue a renewal license upon receipt of the 
written request for renewal, the !!fHl\!al renewal fee as set under section 5507 and 
evidence of satisfactory completion of continuing education as set forth in subsection 7. 
Licenses may be renewed up to 90 days after expiration upon payment of a late fee as set 
under section 5507 in addition to the renewal fee. A person who submits an application 
for renewal more than 90 days after the license expiration date is subject to all 
requirements governing new applicants under this chapter, except that the board may, in 
I 
its discretion and glVlng due consideration to the protection of the public, waive 
examination and internship if the renewal application is within 2 years from the date of 
expiration for those applicants who demonstrate compliance with subsection 7 and upon 
payment of a late FMeV/al peHaity an additional late fee as set under section 5507 in 
addition to the 90-day late fee and renewal fee. 
PARTU 
Sec. U-I. 32 MRSA §6203, as amended by PL 2003, c. 347, §§ I to 4 and affected 
by §25 and amended by c. 689, Pt. B, §6, is repealed. 
Sec. U-2. 32 MRSA §6203-A is enacted to read: 
§6203-A. Definitions 
II 
As used in this chapter. unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Agency. "Agency" means an establishment, organization or institution, public or 
private, that is licensed by the Department of Health and Human Services and that offers, 
purports to offer, maintains or operates one or more programs for the assessment, 
diagnosis, care, treatment or rehabilitation of individuals who are suffering physically, 
emotionally or psychologically from the abuse of alcohol or other drugs. 
2. Alcohol and drug counseling aide. "Alcohol and drug counseling aide" means 
an individual who is licensed by the board to engage in an apprenticeship for the purpose 
of acquiring knowledge and experience in the performance of alcohol and drug 
counseling services, including but not limited to knowledge of ethical standards. An 
alcohol and drug counseling aide may facilitate individual and direct group counseling or 
assume other facilitation duties under supervision and may supervise nonclinical 
activities. An alcohol and drug counseling aide may write treatment chart notations when 
the notations are cosigned by a certified clinical supervisor. All work performed must be 
under the supervision of a certified clinical supervisor. An alcohol and drug counseling 
aide may not engage in independent or private practice. All work associated with the 
apprenticeship may be conducted only in an agency. 
3. Alcohol and drug counseling services. "Alcohol and drug counseling services" 
are those counseling services offered for a fee, monetary or otherwise, as part of the 
treatment and rehabilitation of persons abusing alcohol or other drugs. The purpose of 
alcohol and drug counseling services is to help individuals, families and groups confront 
and resolve problems caused by the abuse of alcohol or other drugs. Alcohol and drug 
counseling services are the 12 core functions defined by rule of the board. 
4. Board. "Board" means the State Board of Alcohol and Drug Counselors. 
5. Certified alcohol and drug counselor. "Certified alcohol and drug counselor" 
means an individual who provides individual or group alcohol and drug counseling 
services unaided and who meets the criteria established in section 6214-C. A certified 
alcohol and drug counselor may not engage in independent or private practice. All work 
I 
performed must be under the supervision of a certified clinical supervisor within an 
agency. 
6. Certified clinical supervisor. "Certified clinical supervisor" means an individual 
who is licensed by the board to provide supervision to individuals who provide alcohol 
and drug counseling services as required by this chapter. For the purposes of this 
subsection, "supervision" includes, but is not limited to, oversight of case record reviews, 
case management, development of counseling skills, education and treatment modalities, 
clinical supervision log maintenance and client treatment plans and activities. 
7. Consumer of alcohol and drug counseling services. "Consumer of alcohol and 
drug counseling services" means a person affected by or recovering from alcoholism or 
II 
other drug abuse. 
8. Inactive alcohol and drug counselor, "Inactive alcohol and drug counselor" 
means a person who is licensed to provide alcohol and drug counseling services and who 
applies to the board for an inactive license under section 6219-B. 
9. Licensed alcohol and drug counselor. "Licensed alcohol and drug counselor" 
means an individual who provides individual or group alcohol and drug counseling 
services independently within an agency or in private practice and who meets the criteria 
established in section 6214-D. A licensed alcohol and drug counselor may also assume 
clinical supervision duties upon being licensed by the board as a certified clinical 
supervisor. 
Sec. U-3. 32 MRSA §6204, as amended by PL 1991, c. 456, §9, is repealed. 
Sec. U-4. 32 MRS A §620S, as amended by PL 2003, c. 347, §5 and affected by 
§25, is further amended to read: 
§620S. Licensing 
A person may not, unless specifically exempted by this chapter, practice as an alcohol 
and drug counselor or begin an internship or profess to the public to be, or assume or use 
the title or designation of, "certified alcohol and drug counselor," "licensed alcohol and 
drug counselor" or "alcohol and drug counseling aide" or the abbreviation "C.A.D.C.," 
"L.A.D.C." or "A.D.C.A." or any other title, designation, words, letters or device tending 
to indicate that such a person is licensed, certified or registered, unless that person is 
licensed, certified or registered with and holds a current and valid license, certificate or 
registration from the board. Any person who effers ef gives aleeRel aHa arug s8llHseliHg 
sefvises iH vielatieH ef IRis seelieH mllsl Be pllHisRea, IIpeH eOHvielieH, By a fiHe ef Hel 
less IRaH $50 aHa Hel mere IRaH $500 for eaeR SlieR offeHse violates this section is subject 
to the provisions of Title 10, section 8003-C. 
Sec. U-S. 32 MRS A §6208-A, as amended by PL 1999, c. 386, PI. R, §1, is 
further amended to read: 
§6208-A. Appointment; terms; vacancies 
I 
3. Standards of practice. The board may register aHd set establish standards of 
practice for all persons practicing as alcohol and drug counselors who are working in the 
State. 
Any standards set by the board for practice for alcohol and drug counselors 
working in the State must be clearly defined, measurable and written in accordance with 
accepted standards and available to the public upon request. Educational background 
must be a consideration in any licensing or registFatiofi standards adopted by the board. 
1. Membership. The State Board of Alcohol and Drug Counselors, as established 
by Title 5, section 12004-A, subsection 41, consists of 9 members. Seven members are 
appointed by the Governor. One member must be the Director of the Office of Substance 
Abuse or a designee. One member, appointed by the Chancellor of the University of 
Maine System, must be a member of the university faculty involved in the training of 
substance abuse or alcohol and drug counselors. Of these 9 members, 5 members must 
4. 
Rules. The board may adopt such rules, including but not limited to rules 
regarding examinations; clinical supervision; and reasonable practice and education 
requirements for registeriHg aleobel aHd dmg cmmseliHg aides; liceHsiHg akebel aHd 
dmg ceuHselers; certified alcehel aHd drug ceuHselers; aHd certified eliHical superyisers, 
II 
aHd estahlish such adviseF)' ceH!fflittees as the beard may determifle f1ecessary afld prepef 
te caFF)' eut tbis cbapter individuals licensed under this chapter. Rules adopted pursuant 
to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
be licensed alcohol and drug counselors and 2 members must be public members ~ 
defined in Title 5. section 12004-A. 
MemBers must repreSeRt a Bread geograpbic 
distrihutiofl of the State. 
II 
2. Term of office. Appointments are for 3-year tenns. Appointments of members 
must comply with Title 10. section 6(f 8009. 
Sec. U-6. 32 MRSA §6210, as amended by PL 1991, c. 456, §14, is further 
2-A. 
amended to read: 
6. 
Camfllaints. 
The hoard shall iflvestigate, Of cause to be ifiYestigated, all 
complairns made to it aHd all cases of f1oflcompliaflce with Of other violation of this 
chapter or aflY mles adopted by the board. 
§6210. Meetings; chair; quorum 
7. Hearings. HeariHgs must he cOflducted by the board to assist witb ifl\'estigatieHs, 
to determiAe wbether gro_ds ellist fur suspeflsion, re\'ocatiofl or denial of registratieH or 
liceRsure, or as etb6rwise deemed f1ecessaF)' to the fulfillmeAt ef its respeflsibilities uflder 
this cbapter. 
The board shall meet at least once a year to conduct its business and ill elect effieers .i! 
chair. Additional meetings may must be held as necessary to conduct the business of the 
board, and may be convened at the call of the chair or a majority of the board members. 
Six members of the board constitute a quorum fur allaumeses. 
The board may f1et refuse te reflew registratieH er lieeHsure for aflY reaseH ether thafl 
foilure te pay a required foe, unless it has afforded the licensee afl eppertunity fer aH 
a8jHdicatery heariHg. Tbe board sball hold an aajudieatoF)' heariHg at tbe written request 
of aflY persen vibo is denied registratiefl er liceflsure witbeHt a beariHg fer any reaseH 
otber thaA failure to pay a requires fee, preYiEied that tbe requost for hoariHg IS roeoivod 
by the beard withiH 30 days ef tbe applicant's receipt of writteH Aehee of tbe dOHial ef 
applioation, tbe reasofls fer tbe denial ef applieation and tbe Bflplicant's rigbt te request a 
heariAg. 
Meariflgs must he conducted in eonfermity with the Maifle Admiflistrati';e 
Procedure Act, Title 5, chapter 375, sHhohapter PI, to the elltent applicable. The hoard 
may subpeena witflesses, reeords and doeuments in any hearing it eonducts. 
The board shall eleet a ohair afld such officers as deteFFAified f1ecessal)' to eaFF)' eut 
tbe busiHess ef tbe beard. 
The beara sball keep sueh recerds aHa miflutes as are 
HeCeSSary te tile ordiHary aisaatell efits fuHotioHS. 
Sec. U-7. 32 MRS A §6212, as amended by PL 2003, c. 347, §§8 to 10 and 
affected by §25, is further amended to read: 
§6212. Powers and duties of the board 
The board shall have has the following powers and duties in addition to all other 
powers and duties imposed by this chapter. 
8. Reearlis. The beard shall keep recoras afld miflutes fur the oraiflaF)' aispatcb of 
its fuflotiens. 
1. Set standards. The board shall administer and enforce this chapter, set forth 
education and examination standards and evaluate the qualifications for licensure. Any 
9. Code of ethics. The board shall adopt a code of ethics generally in keeping with 
standards established by the national professional associations concerned with the areas 
standards of eligibility set by the board must be clearly defined, measurable and written 
in accordance with accepted standards and available to the public upon request. 
2. Adopt criteria. The board, in cooperation with the Office of Substance Abuse, 
of board responsibility. 
10, Issue lieenses. Tbe board sball issHe lieenses as f1ecessary to implement this 
eflapter. 
may design, adopt or design and adopt an examination or other suitable criteria for 
establishing a candidate's knowledge, skill and experience in alcohol and drug 
counseling. Any criteria adopted by the board for establishing a candidate's knowledge, 
12. Clinical supervision. For purposes of direct clinical supervision of licensed 
practitioners in the field of alcohol and drug counseling, the board may certify upon 
receipt of proper an application and fee under section 6215 licensed psychologists, 
physicians, registered clinical nurse specialists, clinical professional counselors, clinical 
skill and experience in alcohol and drug counseling must be clearly defined, have an 
established baseline scoring procedure that is objectively measured, be in writing and be 
available to the public upon request. 
social workers and any other licensed or certified mental health professionals who are 
qualified to provide alcohol and drug counseling services by virtue of the requirements 
for that profession and who meet the requirements established by board rules. 
Sec. V-S. 32 MRSA §6213-B, as enacted by PL 2003, c. 347, § 13 and affected by 
§25, is amended to read: 
§6213-B. Alcohol and drug counseling aide; qualification for licensure 
1. Requirements. The board shall issue a registration license to practice as an 
alcohol and drug counseling aide to an applicant who meets the following minimal 
requirements. An applicant must: 
A. 
Be at least 18 years of age; 
B. 
Have a high school diploma or its equivalent; 
C. 
Be employed at an agency; 
D. 
Provide the name of the person who will be the applicant's certified clinical 
supervisor; and 
E. 
Have paid an application and registration license fee under section 6215. 
Sec. V-9. 32 MRSA §6215, as amended by PL 2003, c. 347, §17 and affected by 
§25, is further amended to read: 
§6215. Application; fees 
Applieation for registration, eertifieation or lieensHfe to praetiee aleoll~1 ans SRig 
eO<lnseling roost be en furms preseribes ans furnislles by tile boars. The Director of the 
Office of Licensing and Registration within the Department of Professional and Financial 
Regulation may establish by rule fees for purposes authorized under this subchapter in 
amounts that are reasonable and necessary for their respective purposes, except that the 
fee for anyone purpose may not exceed $200 annually. Rules adopted pursuant to this 
section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. V-I0. 32 MRSA §6215-A is enacted to read: 
§6215-A. Application for licensure 
Applicants for licensure must submit the fee as set under section 6215. 
Sec. V-H. 32 MRSA §6117-A, as amended by PL 2003, c. 347, §19 and affected 
by §25, is repealed. 
Sec. V-12. 32 MRSA §6217-B is enacted to read: 
§6217-B. Denial or refusal to renew license; disciplinary action 
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: 
1. Active abuse. Active abuse of alcohol or any other drug that in the judgment of 
the board is detrimental to the performance or competency of a certified alcohol and drug 
counselor, alcohol and drug counseling aide or certified clinical supervisor; or 
2. Mental incompetency. A legal finding of mental incompetency. 
Sec. V-13. 32 MRSA §6219, as amended by PL 2003, c. 347, §21 and affected by 
§ 25, is further amended to read: 
§6219. Expiration and renewal 
All licenses, eertifieations ans registrations issued pursuant to this chapter expire 
annually on November 30th or at such other time as the Commissioner of Professional 
and Financial Regulation may designate. 
Licensees, eertifioate llolsers ans registrants 
must renew their licenses, eertifieates ans registrations on or before November 30th 
annually or on such other date as determined by the commissioner by filing an application 
preseribes by tile boars, completing any continuing education requirements established 
by board rule and paying the ~ 
renewal fee as set under section 6215. 
Licenses, eertifieations ans registrations issued pursuant to this chapter 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 6215. Any person who submits an application for 
renewal more than 90 days after the renewal date is subject to all requirements governing 
new applicants under this chapter, except that the board may in its discretion, giving due 
consideration to the protection of the public, waive examination if that renewal 
application is made received. together with the late fee and renewal fee as set under 
section 6215, within 2 years from the date of that expiration or if the applicant is a 
registeres an inactive status alcohol and drug counselor. Tile boars is responsible fur 
rnailing notifieation of tile sate of elEpiration to any lieenses aleollol ans Elrug eO<lnselor 
or inaoti,'e aleollol ans SRig eO<lnselor not later tllan 30 says flrior to tile sate of 
eKpiration. 
Sec. V-14. 32 MRS A §6219-B, as enacted by PL 2003, c. 347, §22 and affected 
by §25, is amended to read: 
§6219-B. Inactive status license 
1. Placement on inactive status. A registrant, eertifioate llalser or licensee under 
this chapter who does not desire to perform any of the activities described in section ~ 
6203-A, subsections I C, 1 D, I B ~ 
and ,s .2 and who wants to preserve the 
registration, eertifieate or license while not engaged in any alcohol and drug counseling 
activity may S<lfFenSer tllat registration, eertifieate or lieense to tile boars fur piaeernent 
eft apply for an inactive status license pursuant to Title 10, section 8003, subsection 5-A, 
paragraph D, subparagraph (5), The aeara Hlay jllaee the registratiea, eeRifieale er 
lieease ea iaaetiye staltis aRa issHe aR iaaeti'/e lieease ealy Hjles jlrejler 8JljllieatieH aaa 
jla~'FHeat ef the reEtHireEi fee HaEler seetiea ~213, The fee for inactive status licensure is 
set under section 6215, 
During inactive status, the registraHI, eeRifieate Helaer eF 
licensee is reEtHireEi te must renew the inactive registFaliea, eeRifieale er license annually 
and pay the renewal fee as set under section 6215, but is not required to meet the 
continuing educational provisions of section 6219-A. 
2. Reinstatement to active status. A registraat, eeRifieale helaer er lieeHsee who 
has SHFFeaaerea a registraliea, eeRifieate er lieease jlHfSHaRt to this seetiea Hla), ha\'e tHat 
registratiea, eeRifieate er lieease reiastalea An inactive status licensee may apply for 
reinstatement to active status by sHamittiag jlrejlBr 8Jljlliealioa aHa jla~'FHeHt ef the 
~ 
paying the fee as set under section 6215 aHEI. completing continuing education 
requirements as determined by board rule and submitting such additional information as 
the board may require. Rules adopted pursuant to this subsection are routine technical 
rules as defined by Title 5, chapter 375, subchapter 2-A. 
PART V 
Sec. V-I. 32 MRS A §7001-A, sub-§l, as enacted by PL 1985, c. 736, §2, is 
amended to read: 
1. Accredited educational institution. An "accredited educational institution" is an 
institution accredited by the Council on Social Work Education or its successor or other 
organization approved by the board. 
Sec. V-2. 32 MRSA §7002, as amended by PL 1985, c. 736, §3 and PL 1999, c. 
547, PI. B, §78 and affected by §80, is further amended to read: 
§7002. Unlicensed practice 
Notwithstanding Title 17 -A, section 4-A, any person who makes a representation to 
the public or uses the title of social worker, unless licensed by the board, as a licensed 
clinical social worker, licensed master social worker, certified social worker or a licensed 
social worker, SHall ae sHhjeel Ie a fiae efHet less thaa $50 aer Hlere IHaH $500 is subject 
to the provisions of Title 10, section 8003-C. Any person performing the functions of a 
social worker as a part of a profession or occupation or in a voluntary capacity is not 
subject to this section. 
ThB State Hlay aring aa aetioa is SHjlBrier GeHR te eHjeiH any jlerses freHi violatiHg 
this cflajlter, regara!ess of whether jlr9c!!esiags hay!! aeen or Hla), aBo InstItutes m tHe 
District GOUR er whether crimiaa! preeeeaisl!:s aaye been eF Hla" be Instltuies. 
Sec. V-3. 32 MRS A §7004, as amended by PL 1979, C. 96, §6, is further amended 
to read: 
§7004. Services to minors for drug abuse 
Any person 6efIitieEllicensed under this chapter who renders social work services to a 
minor for problems associated with the abuse of drugs or alcohol is under no obligation to 
obtain the consent of that minor's parent or guardian or to inform that parent or guardian 
of the treatment. Nothing in this section !ihalt !lli!Y be construed so as to prohibit the 
licensed person rendering this treatment from informing that parent or guardian. For 
purposes of this section, "abuse of drugs" means the use of drugs solely for their 
stimulant, depressant or hallucinogenic effect upon the higher functions of the central 
nervous system and not as a therapeutic agent recommended by a practitioner in the 
course of medical treatment. 
Sec. V-4. 
MRSA §7026, as amended by PL 2005, c. 235, §4, is further 
amended to read: 
§7026. State Board of Social Worker Licensure 
The State Board of Social Worker Licensure, as established by Title 5, section 12004-
A, subsection 38, within the Department of Professional and Financial Regulation, shall 
administer (his chapter. The board consists of 7 members appointed by the Governor. 
Three members of the board must be licensed clinical social workers, licensed master 
social workers or certified social workers - independent practice; 2 must be licensed 
social workers; and there must be 2 public members as defined in Title 5, section 12004-
£;:. In addition, board members must meet the qualifications required under section 7027. 
Appointments are for 3-year terms. Appointments of members must comply with 
Title 10, section@ 8009. 
Sec. V-So 32 MRS A §7029, as amended by PL 1987, c. 395, Pt. B, § 13, is further 
amended to read: 
§7029. Meetings; chair; quorum 
THe board shall annually eleet a ehaiFHIan ana seeretary fro HI its HleHibershijl. The 
seereiary shall keep full ana C9H1jl!ete reeenls ef iis jlfoeeesisgs ans aeceusts, which 
shall be opes to public inspeeties at all reasenab!e tiHies. 
The board shall meet at least once a year to conduct its business and !Q elect its 
effi€8FS a chair. Additional meetings sHaH must be held as necessary to conduct the 
business of the board, and may be convened at the call of the chaiFHIas chair or a majority 
of the board members. Four members of the board !ihalt constitute a quorum fur-tIte 
transaction ofeusiness. 
The boars SHall adopt.a seal for its use. Tae seal ana reeerss shall be kept at tae 
DepartHleHt of Pro fessi en a! aHa financial Rel!:ulatieH. 
Sec. V-6. 32 MRSA §7030, as amended by PL 1995, C. 397, §84, is further 
amended to read: 
§7030. Powers 
The board shall ha\'e has the following duties and powers, in addition to those 
otherwise set forth in this chapter. 
1. Licenses. The board shall evaluate the qualifications and supervise approve the 
examination efto be taken by applicants for licensure under this chapter. The beara shall 
aooemmeaate the speeial Heeds er haaaieappiag ceaaitieas ef liceasiag applicaats '",hich 
prernbit e*amiaatiea ia the usual maMer. 
Au 
EBfeFeemeBt. The beard shall iavestigate er cause te be iavestigatea all 
oemplaiBts maae te it aBa all eases ef aeaeempliaace '''''ith this chapter. 
2. Rules. The board may, in accordance with procedures established by the Maiae 
II 
Admiaistrative Precedure Act, Title 5, chapter 375, subchapter Ill, adopt such rules as 
may be reasonably necessary for the proper performance of its duties and the 
administration of this chapter. Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
J. HeaFings. Heariags may be ceaductea by the aeara te assist '",ith im'estigatieas, 
te aetermiae whether greuaas eltist fer suspeasiea, revecatiea er deaia! ef a licease, er as 
etheFWise deemed aecessary te the fulfillmeat ef its respeasibilities liBaer this chapter. 
The beard shall Bet refuse te reaew a Iieease fer aay Teasea ether thaa fail\ife te pay a 
requirea fee, liBIess it has affeTaea the lieeasee aa eppertuaity fer aa aajudicatery 
heanag'. The beara shall held aa adjudicatery heanag' at the wflHea request ef aay persea 
..,;he is denied a Iicease witheut a heariag fer aBy reasea ether thaa failure te pay a 
reEiliirea fee, pre'o'iaea that the reEiliest fer heanBg is receivea ay the aeara ¥lithia 30 days 
of the EipplicaRt's receipt of "'rittes Rotice of tRe aeBial of Ris Eipplicatiea, tRe reaseas 
therefer and his right te reEluest a Reariag. Heariags sRall ae eenducted ia ceafermity 
with the Maille Admillistrati~'e Precedure Act, Title 5, chapter 375, subehapter IV, te the 
e*teRt aflplicable. The aeard may suapeeaa witaesses, reeerds aRd aeeumeats iR aay 
heariag it cellducts. 
5. 
Continuing educational requirements. The board may establish continuing 
educational requirements as the board 6eems considers necessary. In developing these 
requirements, the board shall consider training requirements for social workers who are 
required to conduct investigations or assessments which that may lead to the filing of 
civil or criminal actions. 
Sec. V-7. 32 MRS A §7053, first ~, as amended by PL 1985, c. 736, §11, is 
further amended to read: 
To be eligible for a license to practice social work at any level, an applicant shall 
must be at least 18 years of age and shall must satisfactorily pass any examination as the 
board may prescribe by its rules. Each applicant shall must demonstrate trustworthiness 
and competence to engage in the practice of social work in such a manner as to safeguard 
the interests of the public. Applications for licensure must be submitted to the board 
together with the fee as set under section 7056. 
I 
Sec. V-So 32 MRSA §7053-A, sub-§4, ~E, as amended by PL 2001, c. 316, §4, 
is further amended to read: 
E. 
Participate in training and education of social work students from an accredited 
institution or an educational institution in candidacy for accreditation with the 
Council on Social Work Education or a successor or other organization approved by 
the board and supervise other licensed social workers. 
Sec. V-9. 32 MRSA §7054-A, first ~, as enacted by PL 1985, c. 736, § 14, is 
amended to read: 
A person holding a certificate of registration or license under the laws of another 
state, territory or possession of the United States, the District of Columbia or of any 
II 
foreign country,whieh that is the equivalent of a license as a licensed clinical, licensed 
master or licensed social worker under this chapter who, ia the epiaiea ef the beara, 
meets the requirements of this chapter, based upon verified evidence may, upon 
application, be licensed without further examination. 
Sec. V-10. 32 MRS A §7056, as amended by PL 1987, c. 113, §2, is repealed and 
the following enacted in its place: 
§7056. Fees 
The Director of the Office of Licensing and Registration within the Department of 
Professional and Financial Regulation may establish by rule fees for purposes authorized 
under this chapter in amounts that are reasonable and necessarv for their respective 
purposes, except that the fee for anyone purpose may not exceed $175. Rules adopted 
pursuant to this section are routine technical rules pursuant to Title 5. chapter 375, 
subchapter 2-A. 
Sec. V-ll. 32 MRSA §7057, 2nd ~, as amended by PL 1985, c. 736, §17, is 
further amended to read: 
The passing grade on any examination shall must be established by the board based 
upon National Testing Scores set by the testing company. A eaadidate failiRg aay 
e*amiRatieR may apflly fer reel(amiaatiea, wRicR sRaUbe graatea upea paymeBt ef a fee 
estaalished ay the aeard iR aa am9lmt Ret ia el[CeSS ef the engiRal aflfllieatieH aHd 
el(amiRatiea fees. Any eaRdidate fer registratieR haviag aH a',<erage grade ef less thaa 
50% ia his wrilteR el(amiaatien may Bet aflflly fer reel(amiRatieH fer eae year. 
Sec. V-12. 32 MRS A §705S, as enacted by PL 1977, c. 673, §3, is repealed. 
Sec. V-l3. 32 MRSA §7059, as amended by PL 1985, c. 736, §18 and PL 1999, c. 
547, PI. n, §78 and affected by §80, is repealed. 
Sec. V-14. 32 MRSA §7059-A is enacted to read: 
§7059-A. Denial or refusal to renew license; disciplinary action 
I 
THe Boars sHall Rotify every persoR IiseRses Imser tHis sHapter of tHe sate of 
expiratioR of tHat persoR's lis,mse aRs tHe fee requires fer its reRewal fer a 2 year peHos. 
The Rotiee must Be mailes to the persoR's last IrnoviH assress at least 30 says iR asvaflse 
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 
of IHe elmiratioR sate of tHO IiseRse. 
disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for: 
In addition to the other requirements of this section, a licensed social worker must: 
1, Addiction to the use of alcohol or other drugs. Addiction, as confirmed by 
medical findings, to the use of alcohol or other drugs, that has resulted in the licensed 
I. Not employee of Department of Health and Human Services; If not employed 
clinical, licensed master or licensed social worker or certified social worker - independent 
by the Department of Health and Human Services, provide documentation of 96 hours of 
practice being unable to perform duties or perform those duties in a manner that would 
consultation as determined by the board during the first 3,200 hours of social work 
not endanger the health or safety of the clients to be served; or 
employment in a period of not less than 2 years but not more than 4 years. For purposes 
of fulfilling the requirement of 96 hours of consultation during the first 3,200 hours of 
2. Mental incompetency. A medical finding of mental incompetency. 
II 
social work employment, a licensed social worker who practiced social work and 
obtained social work consultation hours in a long-term care setting and who held a valid 
license as of September 13, 2003 may count consultation hours that were obtained prior 
to August 3, 2004, whether the consultation hours were obtained in individual or group 
II 
Sec. V-IS. 32 MRSA §7060, as amended by PL 2005, c. 173, §2, is further 
amended to read: 
settings, if the consultation was provided by a licensed social worker, regardless of the 
group size and the eligibility requirements of the consulting licensed social worker; or 
§7060. Expiration and renewals 
A license renewal fee as set under section 7056 must be paid by the licensee. 
Licenses expire biennially on December 31 st or at such other times as the Commissioner 
of Professional and Financial Regulation may designate. Bieooial fees fer reRewal of 
2. Employee of Department of Health and Human Services. If employed by the 
Department of Health and Human Services, provide documentation of either: 
lisBHses ffilist Be set By tHe boars iR aR amouHt Rot to elEsees tHose amouRts speeifies iR 
A, 
A minimum of 96 hours of consultation with a licensed social worker who has 
seetioR 7058 aRs are sue aRs payallle bieR:lially OR or befere the first say of JaRuary. 
been licensed for at least 4 years or a licensed master social worker. 
This 
LiseRse reRewal fees fer sertifies sosial workers are the same as those fer liseRses master 
consultation must be concurrent with the first 3,200 hours of social work employment 
sosial workers. Each renewal is contingent upon evidence of participation in a continuing 
occurring in a period of not less than 2 years but not more than 4 years; or 
professional education course or program as approved by the board. A license may be 
renewed up to 90 days after the date of expiration upon payment of a late fee ef..$.W in 
addition to the renewal fee as set under section 7056. Any person who submits an 
application for renewal more than 90 days after the renewal date is subject to all 
requirements governing new applicants under this chapter, except that the board may in 
its discretion, giving due consideration to the protection of the public, waive examination 
B. 
A minimum of 96 hours of consultation concurrent with the person's first 3,200 
hours of social work employment occurring in a period of not less than 2 years but 
not more than 4 years with a licensed social worker who has been licensed for at least 
years, has been designated by the department as a supervisor trainee and is 
concurrently receiving 48 hours of consultation with a licensed master social worker. 
if the renewal application is ma4e received, together with the late fee and renewal fee, 
within 2 years from the date of the expiration. 
Sec. V-I6. 32 MRSA §7062, as amended by PL 1987, c. 395, Pt. B, §20, is 
repealed. 
The boars shall asopt rules that provide that a person lisensed uRder this .sHap.~~r 
may, upon wHtten request, be plases in an inastive starus. Reas~ns fer grantmg masth e 
status insluse, but are not liHlited to, shaRges iR ossupation,.reslseRse aRd healtH. 
!HI~ 
payment of fees mHst be suspenses EiHring tHe term of maslive ~tarus. TH,e boars sa, 
also adopt rules by WHish a person in an inasti,'e status may be reinstated. n perSOR ma) 
PARTW 
Sec. W-l. 32 MRSA §9703, as amended by PL 1995, c. 397, §89, is further 
amended to read: 
be reinstates to asti'ie status by Bayinl! tHe fees fer tHe '.'ear ofremstatemenl. 
§9703. Board of respiratory care practitioners; establishment; compensation 
A licensee who is no longer actively practicing social work may apply for an inactive 
1. Establishment and membership. There is established within the DepartmeHt of 
status license pursuant to Title 10, section 8003, subsection 5-A, paragraph D, 
Prefessional ans Finansial Regulation department, in accordance with Title 5, section 
subparagraph (5). The holder of an inactive status license may not practice social work in 
12004-A, subsection 35, a Board of Respiratory Care Practitioners. The board shall 
the State. The fee for inactive status licensure is set under section 7056. The holder of an 
00HSist consists of 5 members appointed by the Governor as follows: 
inactive status license is required to renew the license annually and pay the renewal fee as 
set under section 7056, but is not required to meet the continuing education requirement 
of this chapter and the rules adopted under it. 
A, 
Three respiratory care practitioners who have been engaged in the practice of 
respiratory care for at least 2 years immediately preceding their appointments and 
who shall be at all times are holders of valid licenses for the practice of respiratory 
care in the State, eKsept fur the memBers of the first Boars, each of'Nhom shall fulfill 
Sec. W-3. 32 MRSA §970S, sub-§3, as enacted by PL 1985, c. 288, §3 and 
amended by PL 1999, c. 547, PI. 8, § 78 and affected by §80, is further amended to read: 
the re€juiremeRts for liceRsure of this ehapter; and 
B. 
Two public members who are resiseRts of the State who so Rot hols a liceRse to 
prastise respirator), care aRs '""ho ha~'e RO sirect or iRdirest fiRaRcial iRterest iR the 
3. Unlicensed practice. 
A person who violates this section is gailty of a Class B 
eFime subject to the provisions of Title 10, section 8003-C. 
j3rastise or deliyefj' ofFeSj3irator), eare as defined in Title 5, section 12004-A. 
The State may BriRg aR aetioR iR Sllflerior Court to eRjoiR aay persoR from ~'iolatiRg this 
2. Terms of appointment. To the first board establishes uRder this chapter, the 
GOY6fRor shall appoiRt 2 board members for a term of ORe year, 2 for a term of 2 years 
chapter, regardless of whether proeeesiRgs haye BeeR or may Be iRstitutes iR the Distrist 
Court or whether erimiRal proceesiRgs have BeeR or may Be iRstituted. 
aRd OBe fur a tefffi of 3 ),ears. Appointments made after the iRitial appointmeRts are for 
3-year terms. Appointments of members must comply with Title 10, section@ 8009. A 
Sec. W-4. 32 MRSA §970S-A, as enacted by PL 1999, c. 386, Pt. S, §2, is 
amended to read: 
member of the board may be removed from office for cause by the Governor. 
3. Meetings; chair; quorum. The board shall meet at least once a year to conduct 
§9705-A. Associate license required 
its business and to elect a chairmaR chair. Additional meetings shall must be held as 
A person may not perform respiratory care services in association with a respiratory 
necessary to conduct the business of the board and may be convened at the call of the 
care practitioner licensed under this chapter unless that individual is approved by the 
chaifffiaR chair or a majority of the board members. Three members of the board shall 
board in accordance with this section. 
constitute a quorum for all purposes. 
1. Licensed in another state. The associate shall file verification that the associate 
Sec. W-2. 32 MRSA §9704, as amended by PL 1995, c. 397, §§90 to 92, is 
holds a valid license in good standing from another state that has licensure requirements 
further amended to read: 
equivalent to the requirements of this chapter. 
§9704. Board of Respiratory Care Practitioners; powers and duties 
2. Certified or registered. The associate must be certified or registered by the 
1. Powers. The board shall administer and enforce this chapter and evaluate the 
National Board of Respiratory Care or its successor or other organization approved by the 
board and must reside in a nonlicensure state. 
qualifications of applicants for licensure. 
The Board ma), issue sUBpoeRas, eKamiRe 
witResses, admiRister oaths aRs may iR¥estigate or cause to Be im'estigated aRY 
At the time of application, the associate must report the dates and locations that 
somj9iaiRts made to it OF aRY eases ofRoRcoHlj9liaRse with or violatioR of this shapter. 
respiratory care services will be performed in this State, which may not exceed 30 days in 
a calendar year. If the board determines that the applicant meets the requirements of litis 
2. Rules. The board may, in accordance with the Maine Administrative Procedure 
section, it may issue an associate permit for license upon payment of a fee ROt to eKceed 
Act, Title 5, chapter 375, adopt rules to carry out the policy of this chapter, including, but 
m as set under section 9710. 
not limited to, rules relating to professional licensure, professional conduct, continuing 
education, approval of continuing education programs and to the establishment of ethical 
Sec. W-S. 32 MRSA §9707-A, as enacted by PL 1989, c. 450, §43, is amended to 
standards of practice for persons holding a license to practice respiratory care in this 
read: 
State. Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
§9707-A. Respiratory care practitioner trainee license 
~. Hearings. HeariRgs may be sORducted by the Board to assist with iRvestigatioRs, 
to dBtermiRe whBther grouRds eKist fur suspeRsioR, re,'oeation or deRial of a liceRse, or as 
The board may register license student employees as respiratory care practitioner 
trainees as defined under section 9702, subsection 7, and promulgate adopt rules for that 
otherwise deemed Reeessafj' to the fulfillmeRt of its respoRsibilities uRder this chapter. 
HeariRgs shall be cORdusteEl iR aesoraaRse with the MaiRe AdmiRistrati'le Procedure Aet, 
registratioR license. Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Title 3, ehapter 373, subchapter IV, to the eJ(teRt applieable. 
Sec. W-6. 32 MRSA §9708, sub-§2, as enacted by PL 1985, c. 288, §3, is 
4. ReeoFds. The Board shall keBjl such reeorss aRs miRlites as are Reeessafj' to the 
amended to read: 
oraiRary disflat6fl of its fuRctioRs. 
2. Ethical practice. An applicant shall must exhibit adhereRse to established ethieal 
(i, Reports. No later tflaa Augast 1 st of saeh )'ear, tfie Board shall sue mit to tfie 
pmressioRal staRdaras trustworthiness and competence. 
eommissioRer, fur the precediRg fiseal year, its allffilal report of its operatioRs, together 
vlith such eOHlFReflts aRs resommeRsatioRs as tfie commissioRer seems esseRtial. 
I 
Sec. W-7. 32 MRSA §970S, sub-§3, ~A, as enacted by PL 1985, c. 288, §3, is 
amended to read: 
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 
Sec. W-S. 32 MRSA §9709, sub-§3, as enacted by PL 1985, c. 288, §3, is 
repealed. 
Sec. W-9. 32 MRS A §9710, as amended by PL 1999, c. 386, Pt. S, §4, is repealed 
and the following enacted in its place: 
§9710. Fees 
The Director of the Office of Licensing and Registration 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 anyone 
purpose may not exceed $135 biennially. Rules adopted pursuant to this section are 
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. W-IO. 32 MRS A §9711, as enacted by PL 1985, c. 288, §3, is repealed. 
Sec. W-I1. 32 MRSA §9712, as amended by PL 1989, c. 450, §§47 and 48, is 
further amended to read: 
§9712. Term oflicenses 
1. Biennial renewal. Licenses shall expire biennially on April 30th or on such other 
date as the commissioner determines. 
loletiee ef el(piratieR shall be mailea te Bash 
JisBBsee's last me'NB aaaress at least 30 days ia aavaase ef the e*piratiea ef the lioease. 
The BetisB shall iasluae aBY reEjuests fer iafermatieB aesessary fer reaBwal. 
Licenses may be renewed up to 90 days after the date of expiration upon payment of a 
late fee ef..$.W in addition to the required renewal fee as set under section 9710. Aay A 
person who submits an application for renewal more than 90 days after the license 
renewal date shall-be ~ subject to all requirements governing new applicants under this 
chapter, except that the board may, giving due consideration to the protection of the 
public, waive examination if that renewal application is made received, together with the 
late fee and renewal fee, within 2 years from the date of that expiration. 
Page) 10 -123LR0598(OI)-1 
I 
1. COBtiBUiBg eliueatioB. Bash liseHse rBae'v.'al shall be aeeeffij3aaiBIi b~' B'liaeHse 
ef seati_iag eEiueatiea er ether FeEjuiremeRts as aetermiBea by the beara. 
~. TraBsitioB. ImlllemeBtatieB ef biemlial lieeBse reBewal shall essm auFiBI!: the 
1990 reBewallleriea. 
Sec. W-12. 32 MRSA §9713, as enacted by PL 1985, c. 288, §3 and amended by 
PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in 
its place: 
§9713. Deny or refuse to renew license; disciplinary action 
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 any of the reasons 
II 
enumerated in Title 10, section 8003, subsection 5-A, paragraph A. 
PART X 
Sec. X-I. 32 MRSA §9S53, as amended by PL 2005, c. 511, §§2 to 4, is further 
amended to read: 
§9853. Radiologic Technology Board of Examiners 
The Radiologic Technology Board of Examiners, as authorized by Title 5, chapter 
379, shall administer this chapter. The board consists of 9 members appointed by the 
Governor. 
1. Appointment and membership. The membership of the board consists of 2 
radiologists; 2 radiographers; one nuclear medicine technologist; one radiation therapist; 
one radiation physicist; and 2 public members whe are Bet affiliatea with the meaieal er 
aR)' allied health I'fsfessisR as defined in Title 5, section 12004-A. The Governor may 
appoint these members from lists submitted by the following organizations or their 
successors. 
A. 
Radiologist members may be appointed from lists submitted by the Maine 
Radiological Society. 
B. 
The radiation physicist member may be appointed from lists submitted by the 
Maine Radiological Society. 
C. 
Radiologic technologist members may be appointed from lists submitted by the 
Maine Society of Radiologic Technologists, the Society of Nuclear Medicine 
Technologists and the New England Society of Radiation Therapy Technologists. 
The list submitted by each organization must include at least 2 names for each position to 
be filled from that organization. 
The SSRsumer members arB appsiRtea by thB Ge'iBfBer. 
2. Term of office. The term of office is 3 years. Appointments of members must 
comply with Title 10, section @ 8009. 
Page III - 123LR0598(OI)-1 
A member may be removed by the Governor for cause. 
3. Meetings; chair quorum. The board shall meet at least once a year to conduct its 
business and to elect its offioers a chair. Additional meetings shall must be held as 
necessary to conduct the business of the board and may be convened at the call of the 
ohairman chair or a majority of the board members. 
5. Quorum. A majority of the Five voting members of the board shall constitute a 
quorum. No action may be taken by the board except by affirmative vote of the majority 
of those present and voting. 
6. Powers and duties. The board shall have has the following powers and duties: 
A. 
To review the qualifications of applicants for licensure and to license 
radiographers, nuclear medicine technologists and radiation therapists who qualify 
under this chapter; 
B. 
To 00JHluet approve the qualifYing examinations for radiographers, nuclear 
medicine technologists and radiation therapists, and to establish passing standards; 
C. 
To develop, in consultation with representatives of the appropriate disciplines, 
requirements for courses of study, training and examination for applicants for a 
limited license; and 
D. 
To sUBmit a report euriag the Seeoae Regular Sessioa of the III th Legislature, 
But no later than April 1, 1994, to the joiat staneiag oommittee of the LegislatHre 
haviag juriseiotion oyer health ane institHtional serviees on its progress iB appfO'.iag 
a OOHrse of stHey, trainiag aHe examiHatioH fur applioaats fur a limited lieeHse, 
pUfsHaat to paragraph C, aHe to seotion 9g55, sHBseotioB 1, paragraph E; 
E. 
To make rules in accordance with this chapter necessary for the enforcement of 
its authority and performance of its duties consistent with the Maine Administrative 
Procedure Act, Title 5, chapter 375. These rules may include, but not be limited to, 
licensing requirements, approved courses, examinations and continuing education 
requirements for renewal of licensest~ 
F. 
To estaBlish ane oharge reasoHaBle fees fur issHiHg aHe reHevliHg lieeases, 
aemiHisteriHg e),amiHatioHS aHe supplyiBg iHfurmation to applieaHts, lieeRsees aHe 
the geHeral pUBlio; 
C. 
To order ifl'o'estigation ofa oomplaiBt on its OWH motioH or OB writteH oOHlj3laiHt 
filed with the Boare regareiHg HOBoompliaaoe 'Nith or violation of any seetion of this 
ohapter or of aHY rules adoptee By the Boare; 
II. 
To sonduot heariBgs to assist with iHvestigations and to delermine ",.helher 
grouHes eRist fer suspeflSioH, re\'ooatioH or eeHial of a lieeHse, or as otherwise 
determiHee Hecessary to the fulfillmeHt of its respoHsiBilities Hnder this ohapter. 
The Board ma), not refuse to reBew a lieeBse for an)' reason other than faih!re to pay a 
requiree fee, HnleBs it has afferded the Jisensee an opportHaity fur an adjHdieator), 
hearing. The Board shall hold an adjHdicatory hearing at the written request of any 
person ,>",ho is denied a ii66nstl wilhoHt a hearing for aa)' reason other than failHre to 
pay a reqHired fee, provided that the reqHest fur hearing is reeeived By the board 
","ithia 30 eays of the atJplioaat's reoeipt of a written aotioe of the eenial of the 
atJplioatioa, the reasons fur the eeRial aae the atJpliellHt's right to refjuest a heariag. 
Heariags must Be ooaeuetee ia eoafurmity v,.ith the Maiae Aeministrative Prooedure 
Aot, Title 5, ohatJter 375, suBohatJter IV, to the e),teRt atJplioaBle. The Boare may 
subpoeaa witaesses, reoords aae eoeuments in any hearing it eoneuets; ane 
I. 
After heariag, to oeasure or prooeee as proyieed in seotion 9860. 
Sec. X-2. 32 MRSA §9855, sub-§3, lIC, as repealed and replaced by PL 2005, c. 
511, §6, is amended to read: 
C. 
Either have successfully completed a course in radiologic technology and an 
examination that is approved by the board or possess valid certification and current 
registration from the American Registry of Radiologic Technologists or its successor 
or other organization or another certification program approved by the board to 
practice as a radiation therapist. 
Sec. X-3. 32 MRS A §9856, as amended by PL 2001, c. 323, §28, is further 
amended to read: 
§9856. Application; fees 
1. 
Application for license. 
To apply for a license as a radiographer, nuclear 
medicine technologist, radiation therapy technologist or for a limited license, an applicant 
shall: 
A. 
Submit a written application with supporting documents to the board en-ferms 
provided by the Board; 
B. 
Pay aa the application fee as set under section 9859-A; and 
C. 
Pay an examination fee as set under section 9859-A. 
2. Denial of application. In case the application is denied and permission to take 
the examination is refused, the examination fee only shaJt..be ~ returned to the applicant. 
Any applicant who fails to pass the examination shal!-be ~ entitled to reexamination 
within 6 months upon repayment of the examination fee only. Pursuant to section 9858, 
the board may issue a temporary license to an applicant who has failed an examination 
and is awaiting reexamination upon receipt of the fee as set under section 9859-A; the 
temporary license SHall e),pire expires at such time as the board may by rule direct. 
Sec. X-4. 
MRSA §9859, as amended by PL 2005, c. 511, §9, is further 
amended to read: 
§9859. Licensure renewal; fees 
An original or renewallieeRsure license fee as set under section 9859-A must be paid 
by the applicant or licensee. 
All licenses must be renewed as the Commissioner of 
Profcssional and Financial Regulation may designate, as set forth in Title 10, section 
8003, subsection 4. 
Any license not renewed by the designated renewal date 
automatically expires. 
Licenses may be renewed up to 90 days after the date of 
expiration upon payment of a late fee and renewal fee, as set under section 9859-A. Any 
I 
person who submits an application for renewal more than 90 days after the licensing 
renewal date must submit a rcnewal fee, -a- late fee and a-filffig additional late fee as set 
under section 9859-A and is subject to all requirements governing new applicants under 
this chapter, except that the board may, giving due consideration to the protection of the 
public, waive examination or other requirements. 
Sec. X-So 32 MRSA §9860, as amended by PL 1993, c. 600, PI. A, §262 and PL 
1999, c. 547, Pt. B, §78 and affected by §80, is repealed. 
Sec. X-6. 32 MRSA §9860-A is enacted to read: 
§9860-A. Denial or refusal to renew license; disciplinary action 
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, 
II 
paragraph A, the board may deny a license, refuse to renew a license or impose the 
disciplinarv sanctions authorized by Title 10, section 8003, subsection 5-A for: 
1. Substance abuse. Habitual substance abuse or abuse of other drugs listed as 
controlled substances by the drug enforcement administration that has resulted or is 
foreseeahly likely to result in the liccnsee performing services in a manner that endangers 
the health or safety of patients; or 
2. Mental incompetence. A medical finding of mental incompetency. 
Sec. X-7. 32 MRS A §9861, as enacted by PL 1983, c. 524 and amended by PL 
1999, c. 547, PI. B, §78 and affected by §80, is further amended to read: 
§9861. Unlicensed practice 
I 
1, Penalties. Any person who pfastiees, Sf Holds Himself out as autHorized to 
practice, as a radiologic technologist in tais State witaout first obtaining a lioense as 
required by tais oaapter, or after tae lieense aas elEpired or aas been suspendee or re'ioked 
or tensporarily suspeneee or re\'ol_ee, is guilty of a Class g orinse violates section 9854 is 
subject to the provisions of Title 10, section 8003-C. 
2. IBjunetian. Tae State nsay bring an aetion in Superior Court to enjoin any person 
for violating tBis OHapteF, f6gareless of wBetBeF pFeeeedings BaTie been Of nsay be 
instituted in Distriot Court or waetaer erinsinal proeeedings aa\'e been or nsay be 
institutee. 
PARTY 
Sec. Y-I. 32 MRSA §9903, as amended by PL 1995, c. 625, Pt. A, §39, is further 
amended to read: 
§9903. Board of Licensing of Dietetic Practice; establishment; compensation 
1. Establishment and membership. There is establishedl within the Departnsent of 
Professional ane Firl!lHoial Regulation department, the Board of Licensing of Dietetic 
Practice. The board consists of 5 members appointed by the Governor, including 2 public 
members ViHO are resieents of tais State, wao eo net aold a license to praotice dietetics 
and WHO Have no direct Of indirect financial interest in tHe practice or deliver), of eietetie 
seMeet; as defined in Title 5, section 12004-A. Other than these public members, the 
persons appointed to the board must have been engaged in rendering dietetic services to 
the public or in teaching or research in dietetics for at least 2 years immediately preceding 
their appointments. Two board members must be dietitians. The 5th member must be a 
dietetic technician. The professional members must at all times be holders of valid 
licenses under this chapter, except for the members of the first board, each of whom must 
fulfill the requirements for licensing under this chapter. 
2. Terms of appointment. To tae first boare establisaed IIneer trus caapter, tae 
II 
Governor shall appoint 2 boare nsensbers for ternss of one year, 2 for ternss of 2 years ane 
one for a terns of 3 years. Appointments nsaee after tae initial appointnsents are for 3-
year terms. 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. 
3. Meetings; chair; quorum. The board shall meet at least once a year to conduct 
its business and to elect a chair. Additional meetings may must be held as necessary to 
conduct the business of the board and may be convened at the call of the chair or a 
majority of the board members. 
A nsajority of tae Three members of the board 
constitutes constitute a quorum for all oumoses. 
Sec. Y-2. 32 MRSA §9904, as amended by PL 1995, c. 402, Pt. A, §30, is further 
amended to read: 
§9904. Board of Licensing of Dietetic Practice; powers and duties 
1. Powers. The board shall administer and enforce this chapter and evaluate tae 
qualifications of applicants for lieensing. The boare nsay elEansine witnesses, administer 
oaths ane SHall investigate Of oause to be investigated any oonsplaints made to it or any 
oases of nonoonslJlianee with or violation of this oaallteF. 
2. 
Rules. The board may adopt, in accordance with the Maine Administrative 
Procedure Act, Title 5, chapter 375, rules relating to professional conduct to carry out the 
policy of this chapter, including, but not limited to, rules relating to professional licensing 
and to the establishment of ethical standards of practice for persons licensed to practice 
dietetics in this State. 
J. lIeoFings. Hearings nsay be conductee by tae boare to assistwita in',:estigations, 
to eeternsine waetaer gro_es ellist for suspension, re\'ocahon or Bernal of a hoense or as 
otherwise oonsidered necessary to the f'ldfillnsent of its f6sponsibilities URdeF this chapteF. 
Hearings must be eonduoted in aoooreanee with the Maine Aensinistratiye Prooedure Aot, 
Title 5, caapter 375, suboaapter IV to tae elEtent applieable. 
4. ReeaFits. The boare shalll_esp suea records ane nlinutes as are necessary to tae 
oreinary eisllatca of its funotions. 
Ii. Reports. No later tnan August I st of eacn year, tne board snail submit to tne 
I 
2. Dietetic technician's licensing. An applicant for licensing as a dietetic technician 
commissioner, for tne preoeding fisoal year, its annual report of its operations togetner 
must file a written application on foFFfls provides by tne board showing to the satisfaction 
witn sucn comments and recommendations as tne commissioner deems essential. 
of the board that the applicant meets the following requirements. 
A. 
The applicant must exhibit asnerenoe to establisned ethical professional 
standards trustworthiness and competency. 
Sec. Y-3. 32 MRS A §9906, sub-§3, as enacted by PL 1985, c. 389, §28 and 
amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
B. 
The applicant must have graduated from a dietetic technician program approved 
by the Commission on Accreditation of the American Dietetic Association or its 
equivalent, as detennined by the board, or graduated with a Bachelor of Science 
3. Penalty. A person who violates this section is guilt), ofa Glass R crime subject to 
the provisions of Title 10. section 8003-C. 
The ~tate may bring an aotion in ~uperior Gourt to enjoin any person from violating this 
Degree in Food and Nutrition from an approved 4-year program. 
C. 
An applicant must submit to the board evidence of having successfully 
II 
completed a 2-month work experience approved by the board. That experience must 
ohapter, regardless of wnetner prooeedings nave been or may be instituted in the Distriot 
Gourt or wnetner oriminal proceesings nave been or may be instituted. 
have been acquired during or within 5 years from completion of the academic 
requirements in paragraph B and not more than 5 years from the date of license 
application. 
Sec. Y-4. 32 MRSA §9907, as amended by PL 1995, c. 402, Pt. A, §32, is further 
amended to read: 
§9907. Qualifications 
D. 
The applicant must have successfully completed an examination given by the 
1. Dietitian's licensing. An applicant for licensing as a dietitian must file a written 
American Dietetic Association or its equivalent as determined by the board. 
application on foFFflS provided by tne board, showing to the satisfaction of the board that 
Sec. Y-S. 
MRSA §9908, as amended by PL 1987, c. 313, §5, is further 
the applicant meets the following requirements. 
amended to read: 
A. 
The applicant must exhibit adnerence to establisned etnioal professional 
standards trustworthiness and competency. 
§990S. Issuance of license 
B. 
An applicant must present evidence satisfactory to the board of having 
successfully completed the academic requirements established by the American 
Dietetic Association or equivalent requirements as detennined by the board and must 
have received a baccalaureate or higher degree from an accredited college or 
university. As part of the applicant's professional education, the applicant must have 
The board shall issue a license to any person who meets the requirements of this 
chapter upon payment of the prescribed fee as set under section 9911. Persons ourrently 
registeres snail be allowed to continue to praetice dietetics until tneir registration is sue 
for renewal. At tnat time, tney snail be requires to meet all tne requirements of section 
9907 in order te reeei,'e the lioense reEjuired for the praotice of dietetics. 
completed courses in organic and inorganic chemistry, human physiology, 
microbiology, principles of sociology or psychology, basic communication skills, 
economics, food composition, nutrition and management theory. 
Sec. Y -6. 32 MRSA §9909, sub-§l, as amended by PL 1999, c. 257, §4, is 
further amended to read: 
C. 
An applicant must submit to the board evidence of having successfully 
1. Renewal. A license expires annually on September 30th or such other time as the 
completed the experience requirements approved by the American Dietetic 
commissioner may designate. ~Iotiee of e*piration must be mailed to eaohlicensee's last 
Association or equivalent experience approved by the board. That experience must 
known address at least 30 da~'s in sd,'snce sf tne ellpirstion of tne lieense. The notiee 
include at least 6 months full-time experience in the field of dietetics, or its part-time 
FfIllSt include any requests for infoFFflation neeessary for renewal. 
equivalent. The experience must have been acquired during or within 5 years of 
completion of the academic requirements in paragraph B or not more than 5 years 
before the date of license application. 
Licenses may be renewed up to 90 days after the date of expiration upon payment of a 
late fee ef-$.W in addition to the renewal fee as set under section 9911. Any person who 
submits an application for renewal more than 90 days after the licensing renewal date is 
D. 
The applicant must have successfully completed an examination given by the 
subject to all requirements governing new applicants under this chapter. In addition, the 
American Dietetic Association or its equivalent as determined and administered 
board may assess penalties for renewals more than 90 days after expiration. 
approved by the board. The examination requirement of this paragraph does not 
apply to an applicant who presents evidence of having practiced as a dietitian without 
censure for a period of 10 years immediately prior to September 30, 1987, 
Sec. Y-7. 32 MRSA §9910, as amended by PL 1989, c. 502, Pt. A, §1I5 and PL 
1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its 
place: 
§9910. Denial or refusal to renew license; disciplinary action 
B. 
States or implies that an audit, review or compilation has been performed. 
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 any of the reasons 
enumerated in Title 10. section 8003, subsection 5-A. paragraph A. 
Report on financial statements includes disclaimers of opinions when the disclaimer 
implies positive assurance as to the reliability of the financial statements. Language 
wIlli;h that meets this definition includes language asserting or implying that the person 
has given an opinion upon financial statements or has reviewed or made a compilation of 
financial statements in accordance with the appropriate standards promulgated by the 
American Institute of Certified Public Accountants or its successor or other organization 
Sec. y-s. 32 MRSA §991l, as amended by PL 1999, c. 257, §5, is repealed and 
the following enacted in its place: 
approved by the board as adopted by the board by rule or that the person has the 
§9911. Fees 
capabilities to comply with those standards. 
The Director of the Office of Licensing and Registration may establish by rule fees 
Sec. Z-4. 32 MRS A §12203 is enacted to read: 
for purposes authorized under this chapter in amounts that are reasonable and necessary 
for their respective purposes. except that the fee for anyone purpose may not exceed 
§12203. Fees 
$200. Rules adopted pursuant to this section are routine technical rules pursuant to Title 
5, chapter 375, subchapter 2-A. 
The Director of the Office of Licensing and Registration may establish by rule fees 
for purposes authorized under this chapter in amounts that are reasonable and necessary 
I3 
Sec. Y-9. 32 MRS A §9915, sub-§5,~, as enacted by PL 1987, c. 313, §9, is 
amended to read: 
for their respective purposes, except that the fee for anyone purpose may not exceed 
$100. Rules adopted pursuant to this section are routine technical rules pursuant to Title 
5, chapter 375, subchapter 2-A. 
IS 
B. 
The program has been reviewed by, consultation is available from and no 
program change may be initiated without prior approval by: 
Sec. Z-5. 32 MRS A §12213, as amended by PL 1993, c. 600, Pt. A, §264, is 
(1) A licensed dietitian; 
further amended to read: 
(2) 
A dietitian licensed in another state that has licensure requirements 
§12213. Appointment 
detennined by the board to be equal to the requirements of this chapter; or 
The Board of Accountancy, as established by Title 5, section 12004-A, subsection I, 
(3) 
A dietitian in another state without licensing who is registered by the 
within the DepartmeHt of Prot'essioHal aHa FiHaHcial RegHlatioH department consists of 5 
Commission on Dietetic Registration of the American Dietetic Association or its 
members appointed by the Governor. Each member of the board must be a citiZl6R of tHe 
successor or other organization approved by the board. 
UHitea States aHa a resident of this State. Three members must be holders of certificates 
PART Z 
issued under section 12227 and of 6HffeHtI)' "alia pemlits licenses issued under section 
12251 and must have had, as their principal occupation, active practice as certified public 
accountants for at least the 5 preceding years. One member must hold a certificate issued 
under section 12239 and a curreRiI)' "alia pemlit license issued under section 12251 and 
must have had, as a principal occupation, active practice as a noncertified public 
Sec. Z-l. 32 MRSA §12201, sub-§6, as enacted by PL 1987, c. 489, §2, is 
amended to read: 
accountant for at least the 5 preceding years. One member of the board must be a 
represeHtati"e of tHe public member as defined in Title 5, section 12004-A. Appointments 
are for 3-year terms. Appointments of members must comply with Title 10, section @ 
6. Licensee. "Licensee" means a person who holds a ' .. alia rermit license issued by 
the board under section 12251, or a firm wIlli;h that holds a valia pemlit license issued by 
the board under section 12252. 
8009. The Governor may remove a member of the board for cause. 
Sec. Z-2. 32 MRS A §12201, sub-§7, as enacted by PL 1987, c. 489, §2, is 
repealed. 
Sec. Z-6. 32 MRSA §12214, sub-§l, as amended by PL 1989, c. 483, Pt. A, §53, 
is repealed and the following enacted in its place: 
Sec. Z-3. 32 MRS A §12201, sub-§lO, as enacted by PL 1987, c. 489, §2, is 
amended to read: 
1. Meetings; chair; quorum. The board shall meet at least once a year to conduct 
its business and to elect a chair, who must be a certified public accountant. Additional 
10. Report on financial statements. "Report on financial statements" means any 
meetings must be held as necessary to conduct the business of the board and may be 
form of language wIlli;h that: 
convened at the call of the chair or a majority of the board members. Three members of 
A. 
States or implies assurance as to the reliability of any financial statements; and 
the board constitute a quorum. 
I 
Sec. Z-7. 32 MRSA §12214, sub-§6, as enacted by PL 1987, c. 489, §2, is 
repealed. 
I 
following the examination or within such time as the board in its sole discretion may 
determine. 
4. Examination. An applicant is required to pass an examination aEiHHmsterea 
approved 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 
Sec. Z-8. 32 MRSA §12214, sub-§7, as enacted by PL 1987, c. 489, §2, is 
repealed. 
Sec. Z-9. 32 MRSA §12214, sub-§9, as amended by PL 1995, c. 502, Pt. H, §42, 
is repealed. 
qualify for a certificate. Rules adopted pursuant to this section are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. The board may make the use of all or 
any part of the Uniform Certified Public Accountant Examination and the Advisory 
Grading Service of the American Institute of Certified Public Accountants or any other 
examination approved by the board and may contract with 3rd parties to perform such 
Sec. Z-10. 32 MRSA §12214, sub-§ll, as enacted by PL 1987, c. 489, §2, is 
repealed. 
administrative services with respect to the examination as it considers appropriate to 
Sec. Z-11. 32 MRS A §12228, as amended by PL 2005, c. 347, Pt. D, §§ 1 to 3, is 
assist it in performing its duties under this section. 
further amended to read: 
l3 
6. Examination; credits. An applicant shall must be given credit for any and all 
§12228. Certified public accountants; qualifications 
parts of an examination passed in another state if that credit would have been given, 
1. 
Certificate grant. The board shall grant the certificate of "certified public 
under then applicable requirements, if the applicant had taken the examination in this 
State. 
accountant" to any person who makes application to the board and who meets the good 
character, education, examination and experience requirements of, and who pays the fees 
7. 
Waiver. 
The board may, in particular cases, waive or defer any of the 
prescribed by, this section as set under section 12203, except that no certificate may be 
requirements of subsection 6 regarding the circumstances in which the various sections of 
granted to a person who has been issued a certificate by another state. 
the examination must be passed upon a showing that, by reason of circumstances beyond 
2. Good character. "Good character" for the purposes of this section means lack of 
the applicant's control, the applicant was unable to meet that requirement. 
a history of dishonest or felonious acts. The board may refuse to grant a certificate on the 
8. 
AdmiHistntioH fee. 
The beam may eaaFge, er pre,,>ide fer a 3rd party 
ground of failure to satisfy this requirement only if there is a substantial connection 
administering the eJ(aminatian te eharge, eaeh applieant a fee in an amaHnt preserieee ej' 
between the lack of good character of the applicant and the professional responsibilities 
the beard by rule fer eash seatiaR af the eJ(amiRatiaR ar reeJ(amiRatiaR tal,eR ey-the 
of a licensee and if the finding by the board of lack of good character is supported by 
applieant. 
clear and convincing evidence. When an applicant is found to be unqualified for a 
certificate because of a lack of good character, the board shall furnish the applicant a 
statement containing the findings of the board, a complete record of the evidence upon 
which the determination was based and a notice of the applicant's right of appeal under 
the Maine Administrative Procedure Act, Title 5, chapter 375. 
9. Out-of-state examination. The Baara may charge a fee if! an affieHf!t l"resCfibOO 
by tile baare ey rule fer graRtiag ef the 66rtifisate ef "sertifiee pHillie aeeallHtaat" ta aay 
An applicant who has been given credit for any or all parts of an examination passed in 
another state as provided in seetiaa 12228, subsection 6 must pay the fee as set under 
section 12203. 
3. Education requirement. The education requirement for a certificate, which must 
be met no later than 120 days after an applicant sits for the examination prescribed in 
subsection 4, is as follows: 
10. 
Experience. 
For initial issuance of a certificate under this subsection, an 
applicant shall demonstrate 2 years of experience under the direction of a 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 must meet 
the other requirements prescribed by the board by rule. The applicant's experience must 
include the use of accounting or auditing 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 af tax returns; the 
furnishing of advice on tax matters; or equivalent activities defined by the board by rule. 
B. 
At least 150 semester hours of education, including a mmlmum 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 teclmical rules as defined in Title 5, chapter 
375, subchapter 2-A; and 
Board rules adopted pursuant to this subsection are routine techmcal 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 Servi.:es, '.he applicant receives 
credit at the rate of 50% toward the experience required by this subsecti'll1. To the extent 
C. An examination applicant who expects to meet the education requirement within 
days following the examination is eligible to take the examination. Grades may 
not be released, nor may credit for the examination or any part of the examination be 
given to the applicant unless the education requirement is completed within 120 days 
the applicant's experience is as an examiner engaged in financial examinations for the 
C. The applicant: 
Bureau of Insurance, the applicant receives credit under this subsection if that experience 
meets the following standards: 
(I) 
Received the foreign designation, which is basd on education and 
examination standards substantially equivalent to those in effect in this State at 
A. 
Examinations are performed in conformity with the Examiners' Handbook 
the time the foreign designation was granted; 
published by the National Association of Insurance Commissioners or its successor or 
other organization approved by the board; 
(2) 
Completed an experience requirement, substantially equivalent to the 
requirement set out in subsection 10 in the jurisdiction that granted the foreign 
B. 
Working papers prepared by the examiners are in conformity with generally 
accepted auditing standards and are subject to a review by a supervisor who must be a 
certified public accountant; 
designation or has completed 4 years of professional experience in this State or 
meets equivalent requirements prescribed by the board by ruJe within the 10 
years immediately preceding the application; and 
C. Written reports of examination are prepared in conformity with the Examiners' 
Handbook published by the National Association of Insurance Commissioners or its 
successor or other organization approved by the board. All examiners working on the 
(3) 
Passed a unifornl qualifying examination on national standards and an 
examination on the laws, regulations and code of ethicaJ conduct in effect in this 
State acceptable to the board. 
examinations must participate in the preparation of the report; 
14. Action by foreign jurisdiction. An applicant under subsection 13 shall in an 
D. Reports of examination are prepared in accordance with statutory accounting 
application for a certificate list all jurisdictions, foreign and domestic, in which the 
principles. 
All examiners working on the examinations must participate in the 
applicant has applied for or holds a designation to practice public accountancy. Each 
preparation of the financial statements and corresponding note disclosures; and 
holder of a certificate issued under subsection 13 shall notify the board in writing, within 
E. All examiners assigned to an examination must participate in the planning of the 
examination and the planning phase conforms to the Examiners' Handbook published 
days after its occurrence, of any issuance, denial, revocation or suspension of a 
designation or commencement of a disciplinary or enforcement action by any jurisdiction. 
by the National Association of Insurance Commissioners or its successor or other 
organization approved by the board and generally accepted auditing standards. 
15. Authority. The board has the sole authority to interpret the application of 
subsections 13 and 14. 
11. 
Board discretion. 
The members of the board have the full and sole 
responsibility for the determination of the qualifications of applicants for the certificate of 
"certified publi~ accountant." Only persons recommended by the board shall be granted 
Sec. Z-12. 32 MRSA §12229, as enacted by PL 1999, c. 245, §6, lS aJ.·1ended to 
read: 
the certificate of "certified public accountant." 
§12229. Licensees offering or rendering services in another state 
12. 
Substantial equivalency. 
The board shall determine the standards for 
substantial equivalency. The board may rely upon a determination by a qualification 
appraisal service offered by a national association of state boards of accountancy that an 
applicant meets the reY1.;irements for substantial equivalency. 
A licensee of this State offering or rendering services or using the title, celli led 
public aooe\Hlt accountant, in another state is required to register in that state ilHd is 
subject to disciplinary action in this State for an act committed in another state for \\ bic,. 
the licensee would be subject to discipline in the other state. Notwithstanding secli,\ll 
~ 
12228, subsection 1, the board must investigate any complaint made by a board "f 
accountancy of another state. 
13. Foreign design:dion. 
The board shall issue a certificate to a holder of a 
substantially equivalent fcrcign designation as long as: 
A. The foreign authonty that granted the designation makes similar provisions to 
allow a person who holds a valid certificate issued by this State to obtain that foreign 
Sec. Z-13. 32 MRSA §12240, sub-§l, as amended by PL 1989, c. 450, §50, is 
further amended to read: 
authority's comparable designation; 
1. Certificate grants. The board shall grant the certificate of "public accountant" to 
B. The foreign designation: 
any person who makes application to the board and who meets the good character, 
(I) Was duly issued by c' foreign authority that regulates the practice of public 
accountancy, and the foreign designation has not expired or been revoked or 
suspended; 
education, examination and experience requirements of; IIml whs !lays the fees !lreseribed 
By; subsections 2 to 8 and pays the fees as set under section 12203, except that no 
certificate may be granted to a person who has been issued a certificate by another state. 
(2) Entitles the holder to issue leports upon financial statements; and 
Sec. Z-14. 32 MRSA §12240, sub-§4, as repealed and replaced by PL 2003, c. 
(3) 
Was issued upon the basis of education, examination and experience 
204, Pt. E, §4, is further amended to read: 
requirements established by the foreign authority or by law; and 
I 
4. 
Examination. An applicant is required to pass an examination aaministerea 
I 
wHetHer or not to issue or reRew tHe fermit for '>'/HisH arflisation was maae, wfiieHever 
approved by the board to test the applicant's knowledge of the subjects of accounting and 
shall first ossur. 
auditing and such other related subjects as the board may specify by rule in order to be 
qualified for a certificatc. 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 
3. Requirements. An applicant for initial issuance of a permit licens~ under this 
section shall show: 
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. 
A. That he the applicant holds a valid certificate; and 
B. 
If the applicant's certificate was issued more than 4 years prior to ffis the 
applicant's application for issuance of an initial permit license under this section, that 
Sec. Z-15. 32 MRSA §12241, as enacted by PL 1987, c. 489, §2, is further 
he the applicant has fulfilled the requirements of continuing professional education 
amended to read: 
applicable under subsection 5 if he the applicant had secured ffis the applicant's initial 
permit license within 4 years of issuance of ffis the applicant's certificate and was 
II 
§12241. Reciprocity 
II 
now applying under subsection 5 for renewal of that permit license. 
The noncertified member or members of the board may, in their discretion, waive the 
4. Out-of-state certificates. The board shall issue a pem!it license to a holder of a 
examination and upon payment of a the fee not to exseea $50 as set under section 12203, 
certificate as a certified public accountant or a public accountant issued by another state 
issue a certificate of public accountant under section 12240 to any person who is the 
upon showing that: 
B. The applicant: 
holder of a similar certificate or license issued under the laws of another state or foreign 
government, which is then in full force and effect, provided that the requirements in the 
state or foreign government wffiefl that has granted the certificate or license to the 
(I) Meets all current requirements in this State for issuance of a certificate at the 
applicant are, in the opinion of thc noncertified member or members of the board, 
time the application is made; 
equivalent to those of this State. 
(2) At the time of the issuance of the applicant's certificate in the other state, met 
Sec. Z-16. 32 MRSA §12251, as amended by PL 2005, c. 347, Pt. D, §4, is 
all the requirements then applicable in this State; and 
further amended to read: 
(4) Was eligible to take and passed the examination required for issuance of the 
certificate with grades that would have been passing grades at the time in this 
State; 
§12251. License; individual 
1. Licensure. The board shall grant or renew flefffiits te flfBetiee JlQblie BseeQIHaney 
C. The applicant meets the requirements of subsection 3, paragraph B; or 
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 within the 10 years preceding the 
submission of the application. 
a license to persons who make application, pay the fee as set under section 12203 and 
demonstrate their qualifications in accordance with this section. The board shall grant or 
deny a license application no later than 60 days after a complete application is filed. In 
any case when the applicant seeks the opportunity to show that issuance or renewal of a 
license was mistakenly denied or when the board is not able to determine whether it 
should be granted or denied, the board may issue to the applicant a provisional license, 
which expires 90 days after its issuance or when the board determines whether or not to 
4-A. 
Out-of-state certificates; certified public accountants; substantial 
equivalency. The board shall issue a permit license to a holder of a certificate as a 
issue or renew the license for which application was made, whichever first occurs. 
certified public accountant issued by another state if the applicant shows that the 
Z. Duration. Permits shall ae initially issuea ana fenewea for a perioa of one year, 
applicant: 
aut in any eyent shall e)(pire on the JlIfIe 30th follo, .... ing issllance or renewal. 
A. 
Is eligible under the substantial equivalency standard authorized pursuant to 
section 12228, subsection 12. The holder of a pem!it license issued under this section 
may engage in the practice of public accountancy only in a firm that holds a pem!it 
license issued under section 12252; and 
Applications for those pennits shall ae maae in tHat fofffi, ana in tHe case af 3flfllications 
for rene' .... al, aetween sliGh dates, as the aoara SHall ay FIIle specify, ana the aoard shall 
grant or aeny any SIlCH arfllieation no later than eo days after tHe apfllication is filed in 
frafer fofffi. In any ease where the arplieant seeks tHe oPfortllnity to SHow that isslianse 
B. Consents, as a condition of the granting of this privilege: 
(1) To the jurisdiction of the board; 
(2) To comply with this chapter and the board's rules; and 
Sf renewal Bf a permit was tnistalEenly aeniea ar wHere the saara is nat asle to aetefffiine 
whether it sHBula ae grantea or Genies tHe aoara may isslle to the aflfllieant a provisional 
fermi!, WHiSH SHall e1!fire 90 aa)'s after its issllance or viHen tHe aeara detefffiines 
I I 
(3) To the appointment of the state board that issued the applicant's certificate as 
9. Expiration. All peF!Ilits shall eKpiFe ea JtlRe 30th ef eash year er ea slioh ether 
the applicant's agent upon whom process may be served in any action or 
date as the Licenses are initially issued and renewed for a period of one year, but in any 
proceeding by this board against the applicant. 
event expire on June 30th following issuance or renewal or on such other date as the 
5. Renewal. An applicant for renewal of a pemHt license under this section shall 
show that requirements of continuing professional education consisting of not less than 
hours in each one-year period and not less than 120 hours in any 3-year period have 
commissioner deteF!Iliaes may designate. Nelioes ef el,piratiea shall be mailed to eash 
peF!Ilitee's last Imewa address at least 30 days ia ad','aaee ef the eKpiratiea ef hi~ 
The aelioe shall iaollide afty reEjllests fur iafuffRatiea aeeessary fur reRewal. 
been fulfilled. The board shall establish by rule the number of hours of continuing 
PermitG Licenses may be renewed up to 90 days after the date of expiration upon payment 
professional education required in each one-year period and 3-year period. That education 
of a late fee ef-$.W in addition to the renewal fee as set under section 12203. Any person 
must consist of the general kinds and in subjects that are specified by the board by rule. 
who submits an application for renewal more than 90 days after the expiration date shaU 
The board may provide by rule that fulfillment of continuing professional education 
be ~ subject to all requirements governing new applicants under this chapter, in addition 
requirements of other states will be accepted in lieu of the requirements of this 
II 
to fulfilling any continuing educational requirements the board may deem considers 
subsection. The board may also provide by rule for prorated continuing professional 
necessary. The board in its discretion, giving due' consideration to the protection of the 
education requirements to be met by applicants whose initial ~ 
licenses were issued 
public, may waive any or all requirements if that renewal application is made within 2 
less than one year prior to the renewal date. The board may prescribe by rule special 
years from the date of that expiration. Any certificate holder whose employment by any 
lesser continuing education requirements to be met by applicants for pemHt license 
government agency prohibits or precludes his the practice of public accountancy in this 
renewal whose prior ~ 
licenses lapsed prior to their applications for renewal. The 
State, by application to the board, shaU !lli!V be excused from paying the annual pemHt 
board, in its discretion, may renew a pemHt license to practice despite failure to furnish 
license fee during the period of that employment. 
evidence of satisfaction of requirements of continuing professional education only upon 
condition that the applicant follow a particular program or schedule of continuing 
professional education. In issuing rules and individual orders in respect of requirements 
of continuing professional education, the board in its discretion may use and rely upon 
guidelines and pronouncements of recognized educational and professional organizations; 
may prescribe for content, duration and organization of courses; may take into account 
any impediments to interstate practice of public accountancy that may result from 
differences in those requirements in other states; and may provide for relaxation or 
10. Certificates in other states. An applicant for initial issuance or renewal of a 
pemHt license under this section shall in the applicant's application list all states in which 
the applicant has applied for or holds a certificate; Q! license er peFHlit and list any past 
denial, revocation or suspension of a certificate; Q! license er peF!Ilit. Each holder of or 
applicant for a pemHt license under this section shall notify the board in writing, within 
days after its occurrence, of any issuance, denial, revocation or suspension of a 
certificate; Q! license er peF!Ilit by another state. 
suspension of those requirements in regard to applicants who certify that they do not 
intend to engage in the practice of public accountancy. 
Sec. Z-17. 32 MRSA §12252, as amended by PL 2005, c. 347, Pt. D, §5, is 
further amended to read: 
6. Prior certification. Applicants for initial issuance or renewal of ~ 
licenses 
under this section shall list in their applications all states in which they have applied for 
§12252. Licenses; firms 
or hold certificates or ~ 
licenses and each holder of or applicant for a j39ffiIft license 
under this section shall notify the board in writing, within 30 days after its occurrence, of 
any issuance, denial, revocation or suspension of a certificate or j39ffiIft license by another 
state. 
1. Licensure. The board shall grant or renew peF!Ilits te pFaotioe pliblio aeeeliataasy 
a license to finns that make application. pay the fee as set under section 12203 and 
demonstrate their qualifications in accordance with this section. 
2. Duration. PeF!Ilils shall Be Licenses are initially issued and renewed for a period 
of one year, but in any event, eJtpiriHg expire on June 30th following issuance or renewal 
or on such other date as the commissioner may designate. J'qJplieatieHs fur peFHlils shall 
7-. Fee. The beard shall eharge a fee fur eaeh applieatieH fur iaitial issliaaee sr 
reH9\val of a Bermit IiHder this seetioR iH aH ammmt BreReribed by the beard by mle. 
Be made iH that fuffR aad, ia the ease ef applieatieHs fur reHewal, betweea slioh dates-as 
the beard may b;' mle speoiF)' aHa the beard shall gral'lt er aeR)' aa)' slish applieatieH He 
later thaH {iQ days after the aj3plieatieH is filed ia flF9fler fuffR. The board shall grant or 
deny a license application no later than 60 days after a complete application !§ filed. In 
any case when the applicant seeks the opportunity to show that issuance or renewal of a 
pemHt license was mistakenly denied or when the board is not able to determine whether 
it should be granted or denied, the board may issue to the applicant a provisional permit 
license, which shall eJtpire expires 90 days after its issuance or when the board 
detennines whether or not to issue or renew the j39ffiIft license for which application was 
8. AdjlidieatoFY heaFiHg. The beard sllall Ret reRise te reaew a peffRit fur aHY 
reasea ether thaH faillire te flay a reEjllired fee, linless it has affurdea the lieeRsee aa 
Elpfleffiffiity fur aft aajHdieatery heaRHg. The beard shall held aft aajmlieatery heariHg at 
the writteH retjHest ef aHY perseft Vifle is deRied a oertifiaate er peffRit withelit a heariHg 
fur aHY reaseH ether than faillire te pay a retjliired fee, pF9\'iaea that the retjliest fur 
heariag is reoeived by the beard withiH 30 days ef the aj3plieaHt's reeeipt ef ... ,.rittea Hetiee 
sf the deRial ef his Bl'll'llieatiea. the reaseas fur the aeHial ef his al'll'llioatieH aaa his rieht 
to reSliest a heaFiRf1<. 
made, whichever shaU first _ 
occurs. 
3. Firm licenses. The following provisions apply to the issuance of finn pemHts 
licenses. 
applicant that provides a defined 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 finn must undergo a peer review every 3 years for as long as 
it provides a defmed service other than compilations. 
A. 
An applicant for initial issuance or renewal of a flermit to flraetiee license under 
this section shall show that a simple majority of the ownership of the finn, in tenns of 
financial interests and voting rights of all partners, officers, shareholders, members or 
managers, belongs to holders of certificates who are licensed in a state and that all 
B. A certified public accountancy finn that does not provide a defined service other 
than compilations is not required to undergo a peer review if the finn annually 
confinns in writing to the board that it does not provide a defined service other than 
compilations. 
A certified public accountancy finn that subsequently provides a 
partners, officers, shareholders, members or managers whose principal place of 
business is in this State or who perfonn professional services in this State hold valid 
individual pemHts licenses issued by the board. 
Finns may include nonlicensee 
owners in accordance with paragraph B. 
II 
defined service other than compilations must undergo a peer review within 18 months 
after the fiscal year end of the first defined services engagement other than 
compilations that it accepts. 
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. 
B. 
A certified public accountancy finn or public accountancy finn may include 
nonlicensee owners as long as: 
(I) All nonlicensee owners are individuals who actively participate in the 
certified public accountancy finn or public accountancy finn; and 
(2) The finn complies with such other requirements as the board may impose by 
rule. 
Sec. Z-18. 32 MRS A §12263, as enacted by PL 1987, c. 489, §2, is amended to 
read: 
4. Office registered. An applicant for initial issuance or renewal of a flBffilit to 
jffiI€tiee license under this section sflall....he i!i required to register each office of the finn 
within this State with the board, pay the fee as set under section 12203 and te show that 
each such office is under the charge of a person holding a valid flermit to flraetieB, license 
§12263. Appointment of commissioner as agent 
issued under section 12251 or the corresponding provision of prior law. 
Application by a person or a finn not a resident of this State for a certificate under 
S, Fee. TRB Board may sRarge a fee fer BaeR aflfllisatioR fer iRitial issHaRse or 
reRewal of a flermit HRder tRis seetioR iR aR amoHRt flreseriBed By tRe Board By rule. 
section 12228 or 12240 or a flermit ta flraetieB license under section 12251 or 12252 sHall 
eORstitHtB constitutes appointment of the commissioner as the applicant's agent upon 
whom process may be served in any action or proceeding against the applicant arising out 
of any transaction or operation connected with or incident to the practice of public 
accountancy by the applicant within this State. 
6. 
Out-of-state licenses. 
Applicants for initial issuance or renewal of permits 
licenses under this section shall in their application list all states in which they have 
applied for, or hold pemHts licenses to, practice public accountancy and each holder of, 
or applicant for, a permit license under this section shall notify the board in writing, 
within 30 days after its occurrence, of any change in the identities of partners, officers or 
Sec. Z-19. 32 MRSA §12273, as enacted by PL 1987, c. 489, §2 and amended by 
PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed. 
shareholders who work regularly within this State, any change in the number or location 
of offices within this State, any change in the identity of the persons in charge of those 
Sec. Z-20. 32 MRSA §12273-A is enacted to read: 
offices and any issuance, denial, revocation or suspension of a permit license by any other 
§12273-A. Denial or refusal to renew license; disciplinary action 
state. 
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, 
7. Adjudisator), hearing. TRe Baard sRall Rot rBfuse ta rBRew a fleffilit fer any 
paragraph A, the board may deny a license, refuse to renew a license or impose the 
reaSOR atRer tRaR failura to flay a required fee, llRless it Ras afferded tRe aflfllieaRt aR 
disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for: 
0flfl0rtllRity fer an adjlldieatoFY ReariRg. TRe Board sRall Rold aR adjlldisatoFY ReariRg at 
tRe written reqllBst of aR)' aflfllisaRt WRO is deRied a fleffilit witRollt a ReariRg for aRY 
1. Loss of authority in other state. Cancellation, revocation, suspension or refusal 
reaSOR otRer tRaD tailure to pay a reqllired fee, flfOvided tRat tRe reqllest for ReariRg is 
to renew authority to engage in the practice of public accountancy in any other state for 
reseived by tRe Board '""itRiD 30 days of tRe aflfllisaRt's reseipt of '""ritteD Dotise of tRe 
any cause; 
deRial of Ris applieatioR, tRe reaSORS fer tRe denial of Ris applisatioR aDd Ris rigRt to 
request a heanRg. 
2. Failure to maintain compliance. Failure, on the part of an applicant or a licensee 
under section 12251 or 12252 to maintain compliance with the requirements for issuance 
8. Peer review for certified public accountancy firms. As a condition to the 
or renewal of that license or to report changes to the board under section 12251, 
granting or renewal of pemHts licenses to certified public accountancy firms, each 
subsection 6 or section 12252, subsection 6; 
I 
3. Revocation or suspension of right to practice. Revocation or suspension of the 
right to practice before any state or federal agency; 
I 
Sec. Z-24. 32 MRSA §12275, as amended by PL 1999, c. 619, §4, is further 
amended to read: 
4. Dishonesty, fraud, gross negligence, failure to file. Dishonesty, fraud or gross 
§12275. Unlawful acts 
negligence in the practice of public accountancy or in the filing or failure to file the 
licensee's own income tax returns; 
1. Issuance of reports. No person or firm not holding a valid ~ 
license issued 
5. Fraud. Performance of any fraudulent act while holding a certificate or license 
under section 12251 or 12252 may issue a report, including reviews and compilations, on 
financial statements of any other person, firm, organization or governmental unit. This 
issued under this chapter or prior law; and 
prohibition does not apply to the following: 
6. Adverse conduct. Any conduct reflecting adversely upon the licensee's fitness to 
A. An officer, partner or employee of any firm or organization affixing ftffi that 
cngage in the practice of public accountancy. 
person's signature to any statement or report in reference to the financial affairs of 
that firm or organization with any wording designating the position, title or office that 
Sec. Z-21. 32 MRSA §12274, sub-§l, as amended by PL 1999, c. 547, Pt. B, 
II 
fie that person holds in the organization; 
II 
§74 and affected by §80, is repealed. 
B. Any act of a public official or employee in the performance of ftffi that person's 
Sec. Z-22. 32 MRSA §12274, sub-§3, as enacted by PL 1987, c. 489, §2, is 
duties as such; or 
amended to read: 
C. The performance by any person of other services involving the use of accounting 
IS 
skills, including management advisory or consulting services, the preparation of tax 
returns, the furnishing of advice on tax matters and the preparation of financial 
statements without the issuance of reports. 
3. Discipline. In any case when the board renders a decision imposing discipline 
IS 
against a licensee under this section and section 12273, the board shall examine its 
records to determine whether the licensee holds a certificate or a permit te praetiee pllblie 
aeeellHtaH6Y license in any other state; and, if so, the board shall notify the board of 
2. Misuse of title; individual; certified public accountants. No person not holding 
accountancy of that other state of its decision by mail within 45 days of rendering the 
a valid certificate issued under section 12227, shall use or assume the title of "certified 
decision. The board may also furnish information relating to proceedings resulting in 
public accountant," the abbreviation "CPA" or any other title, designation, words, letters, 
disciplinary action to other public authorities and to private professional organizations 
abbreviation, sign, card or device indicating that the person is a certified public 
having a disciplinary interest in the licensee. 
accountant. 
Sec. Z-23. 32 MRSA §12274, sub-§4, as enacted by PL 1987, c. 489, §2, is 
3. Use of title. A firm may not assume or use the title or designation "certified 
amended to read: 
public accountant," the abbreviation "CPA" or any other title, designation, words, letters, 
4. Board; consideration. The board shall consider applications upon suspension, 
abbreviation, sign, card or device indicating that the firm is composed of certified public 
accountants, unless: 
revocation or refusal to renew according to this subsection. 
A. In any case when the board has suspended or revoked a certificate or a ~ 
license or refused to renew a ~ 
license, the board may modify the suspension or 
reissue the certificate or ~ 
license upon application in writing by the person or 
A. The firm holds a valid ~ 
license issued under section 12252; and 
B. A simple majority of all partners, officers, shareholders, members or managers of 
the firm hold certificates. 
firm affected and for good cause shown. 
4. Misuse of title; public accountant. No fJ6f5eHS person may assume or use the 
B. The board shall by rule specify the manner in which those applications llhall must 
be made, the times within which they llhall must be made and the circumstances in 
which hearings will be held. 
title or designation "public accountant," the abbreviation "PA" or any other title, 
designation, words, letters, abbreviation, sign, card or device indicating that the person is 
a public accountant unless fie that person holds a valid ~ 
license issued under section 
C. Before reissuing or terminating the suspension of a certificate or ~ 
license 
12251. 
under this section, and as a condition for reissuance or termination of suspension, the 
5. Misuse of title; firm; public accountant. No firm not holding a valid ~ 
board may require the applicant to show successful completion of specified 
continuing professional education. The board may make the reinstatement of a 
license issued under section 12252 may assume or use the title or designation "public 
accountant," the abbreviation "PA" or any other title, designation, words, letters, 
certificate or ~ 
license conditional and subject to satisfactory completion of a 
quality review conducted in such fashion as the board may specify. 
abbreviation, sign, card or device indicating that the firm is composed of public 
accountants. 
6. Similar titles prohibited. No person or finn not holding a valid j3efHIit license 
12252, provided that thc employee or assistant shall ~ 
not issue any accounting or 
issued under section 12251 or 12252 may assume or use the title or designation "certified 
financial statements over ms the employee or assistant's name. 
accountant," "chartered accountant," "emolled accountant," "licensed accountant," 
"registered accountant," "accredited accountant" or any other title or designation likely to 
be confused with the titles "certified public accountant," "public accountant" or use any 
12. Commissions; referral fees. A licensee, when performing for a client a defined 
service, may not receive a commission or a referral fee: 
of the abbreviations "CA," "LA," "RA," "AA" or similar abbreviations likely to be 
confused with the abbreviations "CPA" or "PA," provided that a holder of a certificate 
A. For recommending or referring to a client any product or service; 
who does not also hold a psmtii license may use the titles pertaining to that certificate in 
B. For recommending or referring any product or service to be supplied by a client; 
any manner not prohibited by rulcs jlFomulgated adopted by the board under section 
or 
12214, subsection 4. 
C. As a consequence of a decision by a client to purchase or supply a particular 
II 
7. Similar designation prohibited. No person or finn not holding a valid j3efHIit 
product or service. 
license issued under section 12251 or 12252 may assume or use any title or designation 
Notwithstanding paragraphs A, Band C, a licensee may receive a commISSIOn or a 
that includes the words "auditor" or "auditing" in connection with any other language, 
referral fee if the licensee's compilation report discloses in writing a lack of 
including the language of a report, that implies that the person or finn holds such a j3efHIit 
independence. 
license or has special competence as an auditor, provided that this subsection does not 
prohibit any officer, partner or employee of any finn or organization from affixing ms 
that person's signature to any statement in reference to the financial affairs of that finn or 
organization with any wording designating the position, title or office that fie that person 
This prohibition applies during the period in which the licensee is engaged to perfonn any 
of the defined services and the period covered by any historical financial statements 
involved in the defined services. 
holds in the finn or organization or prohibit any act of a public official or employee in the 
A licensee who is not prohibited by this section from receiving a commission or a referral 
perfonnance ofms that person's duties. 
fee shall disclose in writing to any person or entity to whom the licensee recommends or 
refers a product or service to which the commission or referral fee relates the fact that the 
licensce has been paid or expects to be paid a commission or referral fee. 
8. Unauthorized practice. No person holding a certificate may engage in the 
practice of public accountancy, unless fie that person also holds a valid j3efHIit license 
issued under section 12251. 
13. Contingency fees. A licensee or a licensee's finn may not: 
9. Form of firm. No person or finn holding a j3efHIit license may engage in the 
A. When involved in providing for a client a defined service: 
(l) Perfonn for a contingent fee any services for a client; or 
(2) Receive a contingency fee from a client; or 
practice of public accountancy using a professional or finn name or designation that is 
misleading about the legal fonn of the finn, about the persons who are partners, officers 
or shareholders of the firm or about any other matter, ~ 
except that the names of 
one or more fonner partners or shareholders may be included in the name of a finn or its 
B. 
Prepare an original or amended tax return or claim for a tax refund for a 
successor. 
contingent fee. 
Notwithstanding paragraph A, a licensee when providing a defined service may receive a 
contingency fee if the licensee's compilation report discloses in writing a lack of 
10. Foreign practice. Subsections I to 11 do not apply to a person or firm holding a 
certificate, designation, degree or license granted in a foreign country entitling the holder 
to engage in the practice of public accountancy or its equivalent in that country, whose 
independence. 
The prohibitions apply during the period in which the licensee is engaged to perform any 
of the services listed in this section and the period covered by any historical financial 
statements involved in any of the listed services. 
As used in this subsection a "contingent fee" or "contingency fee" means a fee established 
for the performance of any service pursuant to an arrangement in which no fee is charged 
unless a specified finding or result is attained or in which the amount of the fee is 
otherwise dependent upon the finding or result of the service. 
For purposes of this 
activities in this State are limited to the provision of professional services to persons or 
firms who are residents of, governments of or business entities of the country in which fie 
that person holds that entitlement, who issues no reports with respect to the financial 
statements of any other persons, finns or governmental units in this State, and who does 
not use in this State any title or designation other than the one under which fie that person 
practices in that country, followed by a translation of that title or designation into the 
English language, if it is in a different language and by the name of that country. 
11. Employees. Nothing in this chapter prohibits any person, not a certified public 
subsection, fees are not regarded as being contingent if fixed by courts or other public 
accountant; or public accountant, from serving as an employee of, or an assistant to, a 
authorities or, in tax matters, if determined based on the results of judicial proceedings or 
certified public accountant, public accountant, a firm of certified public accountants or of 
the findings of governmental agencies. A licensee's fees may vary depending on the 
public accountants holding a jlermit to praetiee license issued under section 12251 or 
complexity of services rendered. 
Sec. Z-25. 32 MRSA §12276, as enacted by PL 1987, c. 489, §2 and amended by 
I 
2. Terms. Appointments are for 3-year terms. Appointments of members must 
PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed. 
comply with Title 10, section eg 8009. The Governor may remove any member for 
cause. 
Sec. Z-26. 32 MRSA §12277, as enacted by PL 1987, c. 489, §2, is repealed and 
the following enacted in its place: 
3. Qualifications. MeffiiJers ef tae beard mHst be trustwertay aHa seffij3eteHt te 
§12277. Unlicensed practice 
fulfill tae respeBsieilities iffij3esea ey tais aaapter. E*aept fer initial appeiHtmeHts mase 
HHaer sHBsestieH 1, easa Each board member, other than the public member, must have 
A person who violates section 12275 is subject to the provisions of Title 10. section 
8003-C. 
been engaged in the active practice of the member's profession in the State for a 
minimum of 3 years prior to appointment. 
4. ';'ReRBey. Any 'laaaHay iH tae aeara fHHst ae fillea ay appeiHtmeHt ef a perseH ef 
tae same aategery as tae aears memaer aeiHg rep lases te aela eftise fer tae HfIeltpirea 
II 
tefffr. 
Sec. Z-27. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 32, chapter 113, subchapter 5, in the subchapter 
headnote, the words "permits to practice" are amended to read "licenses" and the Revisor 
II 
of Statutes shall implement this revision when updating, publishing or republishing the 
S. QH8Fum, FeHr memeers ef tae aeara eeHstitHte a EtHerum fer tae traBsastieH ef 
statutes. 
~ 
Sec. Z-28. Maine Revised Statutes headnote amended; revision clause. In 
6. Meetings; chair; quorum. The board anHHally shall eleet a eaair aBa a ',rise saair 
the Maine Revised Statutes, Title 32, chapter 113, subchapter 7, in the subchapter 
frem its meffiiJersaip. The beara saall meet at least twist! once a year to conduct its 
headnote, the words "enforcement against holders of certificates and permits" are 
·business and elect its eftis8Fs a chair. 
Additional meetings may must be held as 
amended to read "enforcement against holders of certificates and licenses" and the 
necessary to conduct the business of the board and may be convened at the call of the 
Revisor of Statutes shall implement this revision when updating, publishing or 
chair or a majority of the board members. All meetiHgs ef tae beara fHHSt ae ap8H te tae 
republishing the statutes. 
pHalis, ellsept taat tae beara may aala elasea sessieHs te prepare, aarHiHister ar graae 
e*amiHatiaHs ar ta prepare ar previae a respeBse HpeH reEtHest af aH applisaHt fer tHe 
PART AA 
re\'ie'W' ef aH e)[arHiHatiaH. 
THe aeara may feffil sHaeemrruttees te aia iH tHe 
Sec. AA-l. 32 MRSA §12502, as amended by PL 1997, c. 727, Pt. C, §II, is 
aamiHistratieH eftais saapter. Four members of the board constitute a quorum. 
further amended to read: 
7. Re1l8FtiBg. 
~Ia later !haH AUgHst 1 at ef easH year, tHe aeara SHall sullmit te tHe 
eemmissieHer aB amllial Fellert ef its eperatieBS aHa tiHaHsial llesitieB feF the preeeamg 
flseal year eRsiRg JURe 30th, together with sueh eommefits aHa reeemmeRsatieRS as the 
§12502. Board of Complementary Health Care Providers established 
1. 
Membership. 
The Board of Complementary Health Care Providers, as 
aeara seHsiaers esseHtial. 
established in Title 5, section 12004-A, subsection 8-A, shall regulate the professions of 
acupuncture and naturopathic medicine according to the provisions of this chapter. The 
board consists of 7 members appointed by the Governor. The Governor shall make the 
Sec. AA-2. 32 MRSA §12503, as amended by PL 2003, c. 666, §2, is further 
amended to read: 
initial appointments to the board no later than 60 days after the effective date of this 
§12503. Powers and duties ofthe board 
section and shall inform the Commissioner of Professional and Financial Regulation of 
these appointments. The commissioner shall call the first meeting of the board on a date 
The board has the following powers and duties in addition to all other powers and 
no later than 30 days following notification of appointments by the Governor. 
All 
I 
duties set forth in this chapter. 
members of the board must be residents of this State. Two members of the board must be 
acupuncturists licensed in this State. Two members of the board must be practitioners of 
1. Duties. The board shall: 
naturopathic medicine who are eligible for licensure under, or are licensed pursuant to, 
the requirements of subchapter HI 1. One member must be a memaer ef tHe public 
member as defined in Title 5. section 12004-A. One member must be an allopathic or 
A. Make aHa aaept Adopt rules necessary to administer this chapter; 
B. Set standards of practice for acupuncturists and naturopathic doctors; 
osteopathic physician who is licensed in this State. One member must be a pharmacist 
who is licensed in this State. 
D. 
Ensure that acupuncturists and naturopathic doctors serving the public meet 
minimum standards of proficiency and competency to protect the health, safety and 
welfare of the public; and 
E. Administer and enforce the provisions ofthis chapter and any rules adopted by the 
I 
dissifllinary flrossesings and sOHlflel, hy sHhfloena SHees tesHm, the flroSHetion of flepers 
board under that authority granted in this chaptert~ 
and resorss. 
F. 
Maintain a record of its acts aHd flroseedings inslHding the iSSHanse, refusal, 
renewal, SUSfltlllsion and Hwoeation oflisenses; 
S. Witness fees. A witness sHfIlffioned heiere the hoars mHst he paid the same fee as 
a witness sHmrnoned to epflsar hefore the SlIflerior GOHrt aHd that SHmrnons has the same 
C. 
Maintain a rosts!' of all aSUflunsturists and nalHroflatHie dostors Iisensed HIlder 
sffest as tHoHgH issHed for aflpearanse hefore the SlIflerior GoHrt. 
this shapter that indisates: 
Ii. SHsllensian anll re' .. aeatian. The hoard fBIly sHspend or re¥oice a lisense pmsHaRt 
~e 
licensee; 
to Title 5, sestion H)004. In addition, the hoard ma), refuse to issHe or renew or tHe 
(2) The lisensee's SUFFent professional offise address; 
(3) The date of: issuance and the numher of the lisensee's license; and 
(4) \Vhether the lisensee is in good standing with the hoard insluding: 
Distriet GoHrt may sHspend, re\'oke or refuse to renew a lieense on an)' of tHe following 
~ 
A. 
THe praetise ef [mud or deeeit in ehtaining a heense under this sHepter or in 
II 
sonnestion ... iitH serviees renseres as an aSllflHllstHrist er natHroflatHie dootor; 
(a) Any spesialty certification required hy the hoard; 
B. 
A legal finding of mental ineeHlfletense; 
(h) Any restristions or limitations to an individual's lisense; 
C. 
Aiding or ahetting a person, not IIHI)' lieensed Hnder tHis sHepter, in elaiming te 
(c) A record of any revocations or sHsflensions; and 
he an aSllflHnsrurist or naruroflathie destor; 
(d) Any infonnation that the hoard directs FIlHSt he inclHdes in a memher's 
D. 
An)' gress negligense, insompetense or miseonsHet in the perfonnaHee ef 
reeerdt 
aeHpHnerure or natHrepatHie medieine; 
H. Keep all applisations for licensure as a pennanent re60rs; 
E.----SHbjeet to tHe limitatiens of Title 5, ei:tepter J41, eonvietion ofa Glass A, Glass 
I. 
Maintain a flennanent recerd ef tHe results of all tHe examinations administeres 
hy the hoars; 
"8 or Glass G erime or ef a erime tHat, if eornmitted in tHis State, wOHld he flHJtishahle 
h~' one year or mere ef iHlflrisonrnent; or 
J. 
Keep the reserds of the heard epen te fluhhs inspestien at all reasenahle times; 
and 
F. 
An)' other goos saHse, rele'>,ant to qHalifieatiens to flractiee aeHpHnetHre or 
natmepathie mesieiae. 
K. 
Asopt aas use a seal, tHe iHlflriat ef whiSH, togetHer witH tHe signatHres ef tHe 
Sec. AA-3. 32 MRSA §12503-A is enacted to read: 
ohair er vise shair enhe hoars, eviseases its effisialasts. 
§12503-A. Denial or refusal to renew license; disciplinary action 
2. 
Gomjllaints. 
The board shall iavestigate, or saHse te he iavestigated, all 
oomfllaiats made te it aad all oases efnoacompliaase witH this chapter. 
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 
J. 
lIeorings. The beard may sondHst hearings te assist with investigatiens, te 
disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A upon a legal 
detennine whether greunds exist for susflensien, revosatien er denial of a licease er to 
finding of mental incompetence. 
fulfill its respoasihilities under this sHaflter as the hears etherwise detennines aeeessar)'. 
Sec. AA-4. 32 MRSA §12505, as enacted by PL 1995, c. 671, §13 and amended 
THe hoars may net refuse Ie reaev .. a Iisease for aay reasea ether thaa failHre te flay tHe 
by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed. 
required fee, ualess il has affordes the liseasee aa oflflertuaity for aa adjHsisatery 
Heariag. The hoars shall hold aa asjudisater), heariag upea tHe writtea request ef aay 
Sec. AA-5. 32 MRSA §12505-A is enacted to read: 
persoa WHO is deaies a license 'Nitheul heariag for any reason ethel' tHaa failHre to flay a 
reqHired fee. The written request for a heariag must he rescived hy tHe hoard ","itHia 30 
§12505-A. Unlicensed practice 
days ef the applicaat'll receipt of writttm nelice ef tHe deaial of the applisatiea. THe 
written aotice ef denial must set forth the reasens for tHe deaial aad Ihe apfllisaat's rigHt 
te request a hearing. The hoard milt,! coadust hearings in eenfonnit~, 'NitH the Maiae 
A person who violates section 12504, 12511 or 12521 is subject to the provisions of 
Title 10, section 8003. 
AdmiHislmtive Precedure Act Ie the eKleal apfllicahl~ 
Sec. AA-6. 32 MRS A §12511, suh-§l, as enacted by PL 1995, c. 671, § 13, is 
4.-8ubfltlenO jlSWeF; IIHmiHistFutisH sf soths; jlo~ eF to esmjlel jlFSHHetioH af 
amended to read: 
9geumeRts. The board may subpoena witn8i1i,8S, adminil1ter oaths in aay heariag er 
Page ]]7 - 123LROS98(OI)-1 
1. Licensure required. A person may not practice acupuncture or profess to be 
practicing as an acupuncturist in this State unless that person holds a current and valid 
license from the board, except that a student of acupuncture who has completed at least 
one year of full-time study in a board-approved acupuncture school may practice 
acupuncture in a board-approved internship program. The student must be supervised...!§ 
defined by rule, by an instructor who is a licensed acupuncturist in this State and be 
identified as an acupuncture intern when in a clinical setting. 
Sec. AA-7. 32 MRSA §12512, as corrected by RR 1995, c. 2, §80, is amended to 
read: 
§ 12512. Qualifications for acupuncturists 
The eligibility of an applicant for a license to practice acupuncture must be 
determined in accordance with the following. 
1. Eligibility. To be eligible to apply for a license to practice acupuncture, an 
applicant must: 
A. Be at least 21 years of age; and 
B. Have met requirements regarding education and experience as established by the 
board. These requirements must include the following: 
(1) A baccalaureate degree from an accredited institution of higher learning, a 
license from the State to practice as a registered professional nurse or successful 
completion of the training program and any competency examination required by 
the Board of Licensure in Medicine to be qualified as a physician's assistant; 
(2) A minimum of 1,000 hours of classroom instruction in acupuncture and 
related subjects at an institution approved by the board; 
(3) A minimum of 300 hours of clinical experience in the field of acupuncture; 
and 
(4) 
Certification by the National Commission for the Certification of 
Acupuncturists and Oriental Medicine, or its successor or other organization 
approved by the bQ~.m.. or passage of a written examination aAmiRi.teJ'AA 
approved by the boald 
2. 
Endorsement. 
An applicant who holds a current valid license to practice 
acupuncture from another state with requirements for licensure at least equal to the 
requirements under this section ,nust be issued a license by the board. 
Sec. AA-S. 32 MRSA §l1S16, as amended by PL 2003, c. 666, §6, is further 
amended to read: 
§12516. Application for renewal 
1. Requirements. Prior to the expiration of'a license, a licensee may make an 
application for renewal upon paymer.t of the reljuired anHlial renewal fee established.ill! 
set under section 12514-A and upon satisfactory demonstration of completion of 
I 
II 
continuing education requirements adopted by the board as a condition of renewal. It is 
not a condition of renewal that an applicant who qualified for licensure as a iicensed 
registered nurse continue to be licensed as a registered nurse. 
2. Late renewal. AR arfllieation fer HlRewal may Be made RO earlier than 30 days 
flrior to the date of e!Efliratiof!. An application made no more than 90 days past the date of 
expiration of a license must include a late fee in addition to the renewal fee .ill!...§.~L1!nder 
section 12514-A. An application received more than 90 days past the expiration date is 
subject to all requirements covering new applicants under this chapter. 
Sec. AA-9. 32 MRSA §12525, as amended by PL 2003, c. 666, §§7 and 8, is 
further amended to read: 
§ 12525. Qualification for licensure 
1. Qualification for licensure. To be eligible for a license to practice naturopathic 
medicine, the applicant must: 
A. Be a graduate of an approved naturopathic medical college and pass or have 
passed a competency-based examination approved by the board, covering the 
appropriate naturopathic subjects, including basic and clinical sciences; 
H. 
Pessess a gooe etmeal aRd flrafessioRal rElflutatioR; 
B-1. Be trustworthy and competent; 
C. Be physically and mentally capable of safely practicing naturopathic medicine 
with or without reasonable accommodation; 
D. 
Have had no license to practice naturopathic medicine refused, revo.kd or 
suspended by any other state or country for reasons that relate to the appliC~lIll 's 
ability to skillfully and safely practice naturopathic medicine unless that license [la; 
been restored to good standing by that state or country; and 
E. File an application and pay the licensing fees established under section 12526. 
1. 
COBilitioBftl lieeBsllfei 
The board may issue a eORditioRal lieense to all 
iReivieual who: 
A. 
Submits an afJfllieatioR aRd a fee to be determiRed By the Beard; 
Hi 
Has graduated fram en arflraved RaturoflatlMe medieal eollege; and 
Ci 
Has BeeR flraetieiRg Ratureflatme meeieifte in tms State siRee January I, 1994. 
A eSRditioeal lieeRsee has 3 years fram the effeeth'e date of tmB subseetioR to fulfill all 
lieeasure reljuirements and ebtaiR full lieeRsure. A eeRditioRal lieense eKflires 3 years 
from the effeeti'Je date of this subseetioR. The seoJle of Jlraetiee for a eeRditioaallieeflBee 
is IiFRited to those theFaJleutie flraetiees eo~'ered by BeetioR 12522, sueseetions 1,2 aRd 3 
ane those flreSeRJltive Jlraetiees eovered by BeetieR 12522, sHbseetioa 4, JlaragraJlh A A 
eOReitioRallieensee may Bet flreseRBe legead drugs or reeei'le Sfleeia~' eertifieatioR. 
3. 
Naturopathic acupuncture specialty certification. 
In order to practice 
naturopathic acupuncture, a naturopathic doctor must obtain a naturopathic acupuncture 
specialty certification from the board. The board may issue this specialty certification to 
a naturopathic doctor who has: 
A. Submitted an application and a certification fee established under section 12526; 
B. Completed an acupuncture program approved by the board that includes 1,000 
hours of classroom training and 300 hours of supervised clinical training; and 
C. 
Passed an examination administered by the National Commission for the 
Certification of Acupuncturists and Oriental Medicine, or its successor or other 
organization approved by the board. 
4. Disclosures. Naturopathic doctors shall: 
A. Clearly disclose to each patient and on all printed material that their training is in 
naturopathic medicine; 
B. Openly display their license, attaching renewals and specialty certifications when 
applicable; and 
C. When practicing without malpractice insurance, disclose to each patient that they 
do not have insurance. 
Sec. AA-IO. 32 MRSA §12526, sub-§3, as enacted by PL 1995, c. 671, §13, is 
amended to read: 
3. Continuing education. When renewing a license, a naturopathic doctor must 
sllbmil te the bsard e"ideRse sf certify to successful completion of continuing education. 
The minimum continuing education requirement for license renewal is 25 hours annually, 
at least 7 hours of which must be in pharmacology. Naturopathic doctors who possess a 
certification in naturopathic acupnncture must complete an additional 15 hours of board-
approved continuing education annually, specific to that specialty. The board may further 
define and implement these continuing education requirements through rulemaking. 
PART BB 
Sec. BB-l. 32 MRSA §13001, sub-§l-A is enacted to read: 
I-A. Commission. "Commission" means the Real Estate Commission. 
Sec. BB-2. 32 MRSA §13001, sub-§l-B is enacted to read: 
I-B. Director. "Director" means the director of the Real Estate Commission. 
Sec. BB-3. 32 MRS A §13007 is enacted to read: 
§13007. Fees 
The Director of the Office of Licensing and Registration within the Department of 
Professional and Financial Regulation may establish by rule fees for purposes authorized 
under this chapter in amounts that are reasonable and necessary for their respective 
purposes, except that the fee for anyone purpose may not exceed $100. Rules adopted 
pursuant to this section are routine technical rules pursuant to Title 5. chapter 375, 
subchapter 2-A. 
Sec. BB-4. 32 MRSA §13062, as amended by PL 1997, c. 727, PI. C, §§ 12 to 14, 
is further amended to read: 
§13062. Real Estate Commission; organization 
1. Real Estate Commission composition. The Real Estate Commission, established 
by Title 5, section 12004-A, subsection 37, shall be referrea Ie iR Ihis shaflter as the 
"seR1HHSSieR." The SSR1HHSSiSR shall SSRsist consists of 4 industry members and 2 public 
members as defined in Title 5, section 12004-A. 
2. Qualifications. Each industry member of the commission must have been a real 
estate broker or associate broker by vocation in this State for at least 5 years prior to 
appointment. The flUS lis members, the members' sflsuses, flareRts aRa shilareR mllst 
ha,'e RS flrefessisRal sr fiRaRsial sSllf!eetisR with the real estate srsleerage busiRes5. 
J. Ceogt'8phie distri9l1tioR. There may RSt be msre thaR SRe iRaustry member sf 
the 8emmissisR [rsm aHY SRI' SSIIRty at SRe time. 
4. Terms; removal. Terms of the members of the commission are for 3 years. 
Members may be removed by the Governor for cause. 
5. 
Quorum; procedure. A majsfity sf the Four members of the COTllIlllSSlOn 
8sRstitutes constitute a quorum for the traRsaetisR sfbusiRess uRder tllis ehapter. 
6. Appointments. The members of the commission are appointed by the Governor. 
Appointments of members must comply with Title 10. section eG ~. 
7. Chair. The commission shall annually elect a chair from its members. 
Sec. BB-5. 32 MRSA §13063, as enacted by PL 1987, c. 395, PI. A, §212, is 
repealed. 
Sec. BB-6. 32 MRS A §13064, as enacted by PL 1987, c. 395, Pt. A, §212, is 
repealed. 
Sec. BB-7. 32 MRS A §13065, sub-§l, as enacted by PL 1987, c. 395, PI. A, 
§212, is repealed. 
Sec. BB-S. 32 MRS A §13065, sub-§2, as enacted by PL 1987, c. 395, PI. A, 
§212, is repealed. 
Sec. BB-9. 32 MRSA §13065, sub-§5, as amended by PL 1997, c. 209, §2, is 
repealed. 
Sec. BB-IO. 32 MRSA §13066, as amended by PL 1999, c. 129, §4, is repealed. 
Sec. BB-ll. 32 MRSA §13067, as amended by PL 1999, c. 129, §5, is repealed. 
I" 
Sec. BB-12. 32 MRSA §13067-A is enacted to read: 
§13067-A. Denial or refusal to renew license; disciplinary action 
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A. 
paragraph A. the commission may deny a license. refuse to renew a license or impose the 
disciplinary sanctions authorized by Title 10. section 8003. subsection 5-A for: 
1. Lack of trustworthiness. Lack of trustworthiness and competence to transact 
real estate brokerage services in such manner as to safeguard the interests of the public; 
2. Misconduct. Any act or conduct. whether of the same or different character than 
specified in this chapter. that constitutes or demonstrates bad faith. incompetency, 
untrustworthiness or dishonest, fraudulent or improper dealings; 
3. Act that constitutes grounds for denial. Perfonning or attempting to perfonn 
any act or acts for which a license may lawfully be denied to any applicant; 
4. Substantial misrepresentation. Making any substantial misrepresentation by 
omission or commission, but not including innocent misrepresentation; 
5. Failure to protect principal. Failing to act in a reasonably prudent manner in 
order to protect and promote the interests of the principal with absolute fidelity; 
6. 
Failure to avoid error, exaggeration or concealmeut. Failing to act in a 
reasonably prudent manner in order to avoid error. exaggeration or concealment of 
pertinent infonnation; 
7. Liability of agency and designated broker. Violation of this chapter by a 
licensed or unlicensed person acting on the agency's behalf if: 
A. The designated broker had prior knowledge and did not take reasonable action to 
prevent the violation; 
B. The designated broker permitted or authorized a person to engage in activity for 
which that person was not properly licensed; or 
C. The designated broker failed to exercise a reasonable degree of supervision over 
employees and independent contractors commensurate with their qualifications and 
experience; 
8. Unlawful payment. Offering, promising, allowing, giving or paying, directly or 
indirectly, any part or share of compensation arising or accruing from a real estate 
brokerage transaction to any person who is not licensed to perform the service for which 
the person is or would be compensated. if a license is required under this chapter for 
perfonnance of that service. A licensee may not be employed by or accept brokerage 
compensation from any person other than the agency under which the licensee is at the 
time licensed. An agency may share compensation with a nonresident licensee when the 
service by the nonresident is perfonned outside this State; 
I 
9. Suspension or revocation of license. Having had a professional or occupational 
license suspended or revoked for disciplinary reasons or an application rejected for 
rea.sons related to untrustworthiness within 3 years prior to the date of application; and 
10. 
Failure to meet professional qualifications; failure to submit complete 
application. Failing to meet the professional qualifications for licensure as provided in 
this subchapter or failing to submit a complete application within 30 days after being 
notified of the materials needed to complete the application. 
Sec. BB-13. 32 MRSA §13068, as amended by PL 1999, c. 547, Pt. B, §§75 and 
and affected by §80, is further amended to read: 
§13068. Decisions 
1. Licensing. After hearing, the commission may affinn, modify or reverse the 
director's decision to deny an examination, license or renewal license or, in its discretion, 
file a complaint in the District Court pursuant to Title 4, chapter 5 and Title 5, section 
10051 to detennine whether a license may be denied. 
2. Violation of chapter. If, after hearing, the commission finds that a violation of 
this chapter has occurred, it may: 
A. Reprimand the person or entity; 
B. Require the person or entity to comply with such tenns and conditions as it 
detennines necessary to correct the basis for the violation or prevent further 
violations by issuing a cease and desist order. Violation of a cease and desist order 
shall constitute a violation of this chapter; 
C. Assess the violator a fine of no more than $2,000 a violation; 
D. Suspend or revoke any license issued under this chapter; or 
E. Report its findings and recommendations to the Attorney General or the district 
attorney recommending prosecution. 
3. ' .... lIl1eals. Appeals [rem seeisiens af the eeHHHissien shall ae te tHe Distriet GeurL 
t'tflpeals SHall ae aases an Etuestiens ef la' ..... The preeesufe tar apJ:!eals UMer Ims Beetion 
SHall ae as pFe'rises in IHe Maine 1\4niHistrati'o'e PFaeeauFe 1'.61, Title 5, eHapt6F 3'75, 
suasHapter VII, eK66Jlt tHa! tar J:!UfJleses ef Ihis seslien, all referenees te the 8uperief 
Gaur! SHall ae senstfUes as refeFenses te tHe Distrist Gaurt. NutHer BJlpeal SHall ae 
sireeliY te tHe Law Geur!. 
Notwithstanding the provisions of Title 10, section 8003, subsection 5-A, revocations 
ordered by the commission are subject to judicial review exclusively in the Superior 
Court in accordance with Title 5, chapter 375, subchapter 7. 
Sec. BB-14. 32 MRSA §13069, sub-§4-A, as amended by PL 1999, c. 687, Pt. 
F, §9, is repealed. 
Sec. BB-15. 32 MRSA §13069, sub-§6, as amended by PL 1999, c. 129, §6 and 
affected by § 16, is further amended to read: 
I 
6. 
Investigations. The director shall !!illY investigate the actions of any licensee 
§13182. Agency license renewal 
under this chapter, or any person or entity who assumes to act in a capacity requiring a 
license under this chapter, upon receipt of a verified written complaint or in accordance 
with the guidelines prescribed by commission rule. Upon completion of the investigation, 
the director shall take one of the following actions: 
Agency licenses shall expire on December 31 st, or at such times as the Commissioner 
of Professional and Financial Regulation may designate, of each biennial period for 
which it was issued. Upon preflef application and payment of the pressribed fee as set 
under section 13007, a renewal license shall--be i§ issued for each ensuing biennial period 
A. With the commission's approval, dismiss the complaint; 
in the absence of any reason or condition whleh that might warrant denial of a license. 
B. With the consent of the parties and subject to approval of the commission and 
commission counsel, execute a consent agreement; or 
The suspension, revocation of expiration of an agency or designated broker's license shall 
automatically suspeHd suspends every license granted to any person by virtue of ffis the 
person's employment by the agency whose license has been suspended, revoked or 
C. Issue a staff petition for hearing before the commission, which may include a 
expired pending a change of employer and the issuance of a new license. The new license 
recommended disposition. 
II 
shall--be i§ issued without charge if granted during the same biennial period in which the 
II 
Sec. BB-16. 32 MRSA §13172, as enacted by PL 1987, c. 395, PI. A, §212, is 
original was granted. 
amended to read: 
Sec. BB-20. 32 MRSA §13191, sub-§l, as enacted by PL 1987, c. 395, PI. A, 
§13172. Original application 
§212, is amended to read: 
Each applicant for an original agency license shall submit a properly 60mpleted an 
IS 
application llpon blaHks furnished by the direstor, signed under oath by the authorized 
agency official, together with the pressribed fee as set under section 13007. 
1. Application. Applicants shall must submit a properly sOfHfJleted an application 
upon forms fufRished by the direstor, together with the preseribed fee as set under section 
13007. 
Sec. BB-21. 32 MRSA §13191, sub-§5, as enacted by PL 1987, c. 395, Pt. A, 
§212, is amended to read: 
Sec. BB-17. 32 MRSA §13175, as enacted by PL 1987, c. 395, PI. A, §212, is 
amended to read: 
§13175. Agency changes 
5. 
Reputation. The applicant shall must have a good reputation for honesty, 
truthfulness, fair dealing and competency. A reeommendation of The applicant must 
furnish recommendations from at least 3 persons, not related to the applicant who ha¥8 
aelrnowledged before a flotar), publis that they have known the applicant for at least one 
year immediately preceding the date of the application and by their signature attest that 
the applicant has such a reputation, shall be a rebuttable presufHfJtion of fReetiflg that 
qualifieatiofl. 
Any change of address, name or other material changes in the conditions or 
qualifications set forth in the original application shall must be reported to the director no 
later than 10 days after the change. Upon preflef application and payment of the 
pressribed fcc as set under section 13007, the commission records shall must be changed 
and a new license shall must be issued for the unexpired term of the current license, if 
appropriate. 
Sec. BB-22. 32 MRSA §13192, as amended by PL 1991, c. 53, §§6 and 7, is 
Sec. BB-18. 32 MRS A §13181, as enacted by PL 1987, c. 395, PI. A, §212, is 
repealed. 
amended to read: 
Sec. BB-23. 32 MRSA §13194, as enacted by PL 1987, c. 395, Pt. A, §212, is 
§13181. Contents; display 
amended to read: 
The director shall issue to each agency a license in the form and size prescribed by 
§13194. License renewal 
the somfRission Commissioner of Professional and Financial Regulation. The license of 
each broker, associate broker and sales agent shall must be delivered or mailed to the 
designated broker and be kept in the custody and control of the designated broker. It is 
the duty of the designated broker to conspicuously display the agency license in ffis the 
broker's place of business. 
Licenses shall expire on December 31 st, or at such other times as the Commissioner 
of Professional and Financial Regulation may designate, of each biennial period for 
which it was issued, except those licenses issued under section 13200. The director shall 
issue a renewal license for each ensuing biennial period in the absence of any reason or 
condition whleh that might warrant the refusal of granting a license, upon receipt of the 
Sec. BB-19. 32 MRSA §13182, as enacted by PL 1987, c. 395, PI. A, §212, is 
amended to read: 
written request of the applicant, the biennial fee as set under section 13007 for the license 
and upon the applicant presenting evidence of compliance with the requirements of 
section 13197. The director shall deny a renewal license to any applicant whose license 
has lapsed for more than 90 days, unless the renewal license applicant passes the license 
2. 
Program approval. Each application for approval of a continuing education 
examination designated by commission rule for this purpose. 
program shall must be submitted according to the guidelines prescribed by the 
Sec. BB-24. 32 MRSA §13195, as amended by PL 1999, c. 129, §9 and affected 
commission, together with the reEjllires aflfllisation fee as set under section 13007. The 
fee sfiaU.--.be i.§ retained whether or not the application is approved, except that the 
by § 16, is further amended to read: 
commission may waive the application fee for any program or course for the purpose of 
§I3195. Changes 
promoting the intent of this section and whiefl that meets the standards prescribed by rule. 
Any change of address, name or other material change in the conditions or 
qualifications set forth in the original application, including but not limited to criminal 
Sec. BB-27. 32 MRS A §13198, sub-§3, as enacted by PL 1987, c. 395, PI. A, 
§212, is amended to read: 
convictions or suspension or revocation of any professional license, must be reported to 
the director no later than 10 days after the change. Upon preper application and payment 
of the flressribes fee as set under section 13007, the commission records must be changed 
and a new license issued for the unexpired term of the current license, if appropriate. 
3. Acts authorized. Each broker license granted sfiall BHtitlB entitles the holder to 
perform all of the acts contemplated under this chapter in on behalf of an agency, 
including being designated by the agency to act for it or as a branch office manager. 
Sec. BB-25. 32 MRSA §13196, as amended by PL 2005, c. 378, §7 and affected 
by §29, is further amended to read: 
Sec. BB-28. 32 MRS A §13199, sub-§3, as enacted by PL 1987, c. 395, Pt. A, 
§212, is amended to read: 
§I3196. Inactive licenses 
3. Acts authorized. Each associate broker license granted shall entitle entitles the 
holder to perform all of the acts contemplated by this chapter, in on behalf of an agency, 
1. Placement on inactive status. Any licensee who does not desire to perform any 
except serving as a designated broker or a branch office manager. 
of the activities described in section 1300 I and who wants to preserve the license while 
PARTCC 
not engaged in any brokerage activity may SlllTBHSer that IiSBHSB mmlY to the commission 
for fliasemBHt OH inactive status upon payment of the fee as set under section 13007. The 
commission may place the license on inactive status and issue an inactive license only 
Sec. CC-l. 32 MRSA §13501, 2nd ~, as amended by PL 2001, c. 166, §2, is 
further amended to read: 
upon ~ 
application by the licensee. During inactive status, the licensee is required to 
renew the license biennially, but is not required to maintain a place of business or meet 
Appointments are for 3-year terms. Appointments of members must comply with 
the educational provisions of section 13197. 
Title 10, section 8009. A member may be removed by the Governor for cause. 
2. Reinstatement to active status. Licensees 'Nho ha'lB SlllTenSerea their iisBHses 
Sec. CC-2. 32 MRSA §13503, as amended by PL 2001, c. 166, §4, is further 
flllrsllaHt to tms sestion ana who have remained on inactive status for 6 years or more 
amended to read: 
may have their licenses reinstated to active status by submitting preper an application and 
fee and by successfully passing a license examination designated by commission rule for 
§13503. Meetings; chair; quorum 
this purpose. Licensees who activate within 6 years of the initial inactive license may 
activate by successfully completing the designated examination or by completing 
continuing education courses that meet commission approved clock hours as follows: 
The commission shall meet at least once a year to conduct its business and to elect a 
chair. Additional meetings may must be held as necessary to conduct the business of the 
commission and may be convened at the call of the chair or a majority of the board 
A. For those applicants remaining inactive from the issuance of the inactive licenses 
members. A majority of the Three members of the commission sonstitlltes constitute a 
up to 2 years, 21 clock hours of continuing education completed within the previous 
quorum for alll'lllF13oses. 
biennium; 
B. For those applicants remaining inactive for more than 2 years but less than 4 
years, 28 clock hours of continuing education completed within the previous 
Sec. CC-3. 32 MRS A §13505, as enacted by PL 1987, c. 395, PI. A, §212, is 
repealed. 
biennium; or 
Sec. CC-4. 32 MRSA §13507, sub-§2-A, as enacted by PL 2001, c. 166, §8, is 
C. For those applicants remaining inactive for more than 4 years but less than 6 
amended to read: 
years, 36 clock hours of continuing education completed within the previous 
biennium. 
2-A. 
Report filed by commIssIon member. 
The SOHIHUSS10nBl' commission 
member supervising an event, exhibit or show subject to the requirements of this chapter 
Sec. BB-26. 32 MRSA §13197j sub-§2, as enacted by PL 1987, c. 395, PI. A, 
shall file an event report with the department within 48 hours of the event. Event reports 
§212, is amended to read: 
must include: 
;J 
A. The promoter's identity and license number; 
boxing or kick-boxing contest or exhibition or wrestling match, show or exhibition 
B. The participants' identities and license numbers; 
without first obtainiRg holding a valid license as required by this chapter, or after tHe 
lieeRse Has tmpired er Has beeR suspeRded, re~'oked or temporarily susptmded or re'loked, 
C. The facility at which the event was held; 
is gHilty of a Glass E erime is subject to the provisions of Title 10, section 8003-C. 
D. 
A detailed factual description of any incident that required the immediate 
intervention of the attending commissioner during an event, including stopping the 
event or taking disciplinary action; 
2. InjuRetioR. THe State may briRg aR aetioR iR Superior ceur! to enjoiR aRY persoR 
from yielatiRg this BHapter, regardless of wHetHer proeeediRgs Ha'le beeR or may be 
iRstituted iR tHe Distriet Geurt or wHetHer erimiRal proeeediRgs Haye beeR or may be 
E. A recommendation to the commission regarding any need for disciplinary action; 
iRstituted. 
and 
PARTDD 
F. 
A certification that the officials, participants and event conformed to the 
requirements of the statutes and rules of the commission. 
Sec. DD-l. 32 MRSA §13702, as amended by PL 2005, c. 430, §6, is repealed. 
II 
Sec. CC-5. 32 MRSA §13507, sub-§3, as enacted by PL 1987, c. 395, PI. A, 
§212, is repealed. 
II 
Sec. DD-2. 32 MRSA §t3702-A is enacted to read: 
Sec. CC-6. 32 MRS A §13514, 2nd ~, as amended by PL 1991, c. 338, §6, is 
§ 13702-A. Definitions 
further amended to read: 
As used in this chapter, unless the context otherwise indicates, the following terms 
IS 
On the day the contest or exhibition is held, the promoter or promoters shall either 
have the following meanings. 
tender the tax to the e8mmissieRer commission member in attendance or provide a surety 
1. 
Automated pharmacy systems. 
"Automated pharmacy systems" means 
bond acceptable to the commission in the amount of $10,000 payable to the Treasurer of 
mechanical systems that perform operations or activities, other than compounding, 
State and conditioned for payment of the tax and any penalties imposed under this 
relative to the storage, packaging, labeling, dispensing or distribution of medications, and 
section. In its discretion, the commission may require that the bond be posted at a time 
systems that collect, control and maintain all transactional information. 
prior to a contest or exhibition that the commission determines adequate. This tax must 
be paid to the Treasurer of State within IS days of the date on which the contest or 
2. Board. "Board" means the Maine Board of Pharmacy. 
exhibition is held, in the event a bond is provided. Upon failure to pay the tax to the 
Treasurer of State, the promoter or promoters are liable to pay a penalty of 25% of the 
amount of the tax due, the penalty and the tax due must be recovered by a civil action 
3. Commissioner. "Commissioner" means the Commissioner of Professional and 
Financial Regulation. 
upon the bond brought in the name of the commission, and the penalty and the tax due 
must be paid to the Treasurer of State to be credited to the Athletic Commission Fund. 
4. 
Compounding. "Compounding" means the preparation, ITIlxmg, assembling. 
packaging or labeling of a drug or device by a pharmacist for the pharmacist's patient 
either for dispensing as the result of a practitioner's prescription drug order. or for the 
purpose of, or as an incident to. research. teaching or chemical analysis and not for sale or 
dispensing. "Compounding" includes the preparation of drugs or devices in anticipation 
of prescription drug orders to be received by the pharmacist based on routine. regularly 
Sec. CC-7. 32 MRS A §13S16, as enacted by PL 1987, c. 395, PI. A, §212 and 
amended by PL 1999, c. 547, PI. B, §78 and affected by §80, is repealed and the 
following enacted in its place: 
§13S16. Denial or refusal to reissue license; disciplinary action 
observed prescribing patterns. 
The commission may deny a license, refuse to renew a license or impose the 
disciplinary sanctions authorized by Title 10, section 8003. subsection 5-A for any of the 
S. Dangerous substance. "Dangerous substance" means a substance described in 
section 13731, subsection 2. 
reasons enumerated in Title 10. 'section 8003. subsection 5-A. paragraph A. 
6. Deliver or delivery. "Deliver" or "delivery" means the actual, constructive or 
Sec. CC-S. 32 MRSA §13517, as enacted by PL 1987, c. 395, PI. A, §212 and 
amended by PL 1999, c. 547, PI. B, §78 and affected by §80, is further amended to read: 
attempted transfer of a drug or device from one person to another, whether or not for a 
consideration. 
§13S17. Penalties; injunction 
7. Department. "Department" means the Department of Professional and Financial 
Regulation. 
1. Penalties. Any person, club, association or corporation, or any member or officer 
of a club, association or corporation who promotes, competes or otherwise engages in a 
8. 
Device. 
"Device" means an instrument. apparatus. implement, machine, 
17. Mail order prescription pharmacy. "Mail order prescription pharmacy" means 
contrivance. implant, in vitro reagent or other similar or related article. including any 
an entity that dispenses prescription medications by mail or carner from a facility not 
component part or accessory. that is reguired under federal or state law to be prescribed 
located in this State to a patient who resides in this State. 
by a practitioner and dispensed by a pharmacist. 
18. Manufacture. "Manufacture" means the production. preparation. propagation, 
9. Dispense or dispensing. "Dispense" or "dispensing" means the preparation and 
compounding. conversion or processing of a device or drug. either directly or indirectly, 
delivery of a prescription drug in a suitable container appropriately labeled for subsequent 
by extraction from substances of natural origin or independently by means of chemical 
administration to or use by a patient or other individual entitled to receive the prescription 
synthesis or by a combination of extraction and chemical synthesis and includes any 
drug pursuant to a lawful order of a practitioner. 
packaging or repacking of the substances or labeling or relabeling of its container. except 
that manufacture does not include the preparation or compounding of a drug by an 
10. 
Distribute. 
"Distribute" means the delivery of a drug other than by 
individual for personal use or the preparation, compounding. packaging or labeling of a 
administering or dispensing. 
II 
drug: 
II 
11. Drug. "Drug" means: 
A. By a pharmacist or practitioner incidental to administering or dispensing a drug in 
the course of professional practice; or 
B. By a practitioner or by authorization under the practitioner's supervision for the 
purpose of or incidental to research. teaching or chemical analysis and not for sale. 
A. Articles recognized as drugs in the official United States Pharmacopeia and 
National Formulary. other drug compendiums or any supplement to any of them; 
B. 
Articles intended for use in the diagnosis, cure. mitigation, treatment or 
prevention of disease in humans or other animals; 
19. Manufacturer. "Manufacturer" means a person engaged in the manufacture of 
C. Articles, other than food. intended to affect the structure or any function of the 
. prescription drugs. 
body of humans or other animals; and 
20. Nonprescription drugs. "Nonprescription drugs" means nonnarcotic drugs that 
D. Articles intended for use as a component of any articles specified in paragraphs A 
to C. 
may be sold without a prescription and that are prepackaged for use by the consumer and 
labeled in accordance with the requirements of the laws and rules of this State and the 
Federal Government. 
12. 
Electronic transmission. 
"Electronic transmission" means transmission of 
I 
information in electronic form or the transmission of the exact visual image of a 
21. Person. "Person" means an individual, corporation, partnership, association or 
document by way of electronic equipment. 
any other legal entity. 
13. Free clinic. "Free clinic" means an incorporated nonprofit health facility that 
22. Pharmacist. "Pharmacist" means an individual licensed by this State to engage 
provides health care to people at no charge. 
in the practice of pharmacy. 
A. 
"Chain pharmacist" means an individual who is engaged in the practice of 
pharmacy within a chain; that is, where there is a corporate grouping of 4 or more 
14. Generic and therapeutically equivalent drug. "Generic" and "therapeutically 
equivalent drug" means any drug that has identical amounts of the same active 
ingredients in the same dosage form and in the same concentration that, when 
pharmacies. 
B. 
"Hospital pharmacist" means an individual who is engaged in the practice of 
pharmacy in a hospital setting. 
administered in the same amounts, will produce or can be expected to have the same 
therapeutic effect as the drug prescribed. 
15. Labeling. "Labeling" means the process of preparing and affixing a label to the 
C. "Independent pharmacist" means an individual who is engaged in the practice of 
outside of any drug container, exclusive of the labeling by a manufacturer, packer or 
pharmacy in an independent pharmacy; that is, where there are fewer than 4 
distributor of a nonprescription drug or commercially packaged legend drug or device. 
pharmacies under the same ownership. 
D. 
"Qualified assistant pharmacist" means an individual licensed by this State as a 
qualified assistant apothecary, qualified assistant or assistant pharmacist, provided 
Any such label must include all information required by federal law or regulation and 
state law or rule. 
that the license is in full force and effect. except for the right to serve as a pharmacist 
in charge. 
16. Mail order contact lens supplier. "Mail order contact lens supplier" means a 
person or entity. other than an optometrist or physician licensed in this State, that fills 
contact lens prescriptions by mail or carrier for a patient who resides in this State. 
23. Pharmacist in charge. "Pharmacist in charge" means the pharmacist who is 
responsible for the licensing of the pharmacy. 
/ 
24. Pharmacy. "Phamlacy" means: 
I 
32. Rural health center. "Rural health center" means an incorporated nonprofit 
A. j\ '-IWarmacy or drug outlet located in a retail store. mail order business. free 
health facility that provides comprehensive primary health care to citizens in rural areas. 
clinic or rural health center with facilities located in this State that is engaged in 
33. 
Targeted methamphetamine precursor. 
"Targeted methamphetaminc< 
dispensing. deliverinlLQ! distributing prescription drugs; or 
precursor" means any product containing any amount of ephedrine, pseudoephedrine or 
B. Any mail order prescriptiQn company, or wholesaler. with facilities located in this 
State or doing business in this State that is engaged in dispensing, delivering or 
phenylpropanolamine or their salts. isomers or salts of isomers, either alone or in 
combination with other ingredients: 
distributing pre~tion drugs. 
A. In dry or solid nonliquid form; or 
B. In liquid, liquid-filled capsule or glycerin matrix form if designation as a targeted 
methamphetamine precursor has been completed by rule adopted pursuant to section 
25. Pharmacy technician. "Pharmacy technician" means a person employed by a 
pharmacy who works in a supportiv~ role to, al).d under the direct supervision of, a 
licensed pharmacist. 
13795, subsection 5, paragraph A. 
I I 
26. Physician. "Physician" means an allopathic physician or osteopathic physician. 
II 
34. Wholesaler. "Wholesaler" means a person who buys prescription drugs for 
27. Poison. "Poison" means an agent that when ingested. inhaled or otherwise 
resale and distribution to persons other than consumers. 
absorbed by a living organism is capablc of producing a deleterious response seriously 
Sec. DD-3. 32 MRSA §13712, as enacted by PL 1987, c. 710, §5, is amended to 
injuring function or producing death. 
read: 
IS 
28. Practice of pharmacy. "Practice of pharmacy" means the interpretation and 
IS 
§13712. Membership 
evaluation of prescription drug orders; the compounding. dispensing. labeling of drugs 
and devices, except labeling by a manufacturer, packer or distributor of nonprescription 
The board shall seHsis! consists of 7 members, two of whom shall must be 
drugs and commercially packaged legend drugs and devices; the participation in drug 
Fej:lFe5SHtatives ef the public members as defined in Title 5, section 12004-A and the 
selection and drug utilization reviews; the proper and safe storage of drugs and devices 
remainder of whom shall must be licensed pharmacists who possess the qualifications 
and the maintenance of proper records for these drugs and devices; the responsibility for 
specified in section 13713. At the time of the appointment, at least one of the licensed 
I 
advising, when necessary or regulated, of therapeutic values, content, hazards and use of 
pharmacists must be a hospital pharmacist, at least one must be a chain pharmacist and at 
drugs and devices; and the offering or performing of those acts. services, operations or 
I 
least one must be an independent pharmacist. 
transactions necessary in the conduct, operation, management and control of a pharmacy. 
Sec. DD-4. 32 MRSA §1371S-A, sub-§l, as enacted by PL 1993, c, 600, Pt. A, 
29. Practitioner. "Practitioner" means an individual who is licensed. registered or 
§269, is amended to read: 
otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in 
the course of professional practice. 
1. Length. Members of the board are appointed for terms of 3 years. Appointments 
of members must comply with Title 10, section eG 8009. 
30. Prescription drug or legend drug. "Prescription drug" or "legend drug" means 
a drug that: 
Sec. DD-S. 32 MRSA §13716, as amended by PL 1995, c. 397, §108, is further 
amended to read: 
A. Under federal law is required, prior to being dispensed or delivered, to be labeled 
with either of the folIowing statements: 
§13716. Organization 
I 
(I) "Caution: Federal law prohibits dispensing without prescription."; or 
I. Officers. The board shall elect from its members a president and other officers as 
l1L "Caution: Federal law restricts this drug to use by or on the order of a 
It 4eems considers appropriate and necessary to conduct its business. :I'he presielen~-ef4t! 
licensed veterinarian."~Q[ 
beare! shall presie!e at all mee!iHgs of the boare! aHe! shall be respeHsible-fef--the 
B. 
Is required by an~IlIicable federal or statc law or rule to be dispensed on 
prescri,2tion only or is r~..§1rLcteQJo use by practitioners only. 
perfermaHse ef all ef the e!lolties aHe! fuHstioHS ef the beare! ftl'lHireel er permitted by tffis 
Ae!. gash ase!itieHal effiser elestee! by the eeare! shall periorm the-se...ffi!ttes..-Il.~ 
asseeiatee! with that pesiliell. aHe! these ether alollies -assigHt.~el1l time te time by @e 
31. Prescription drug order. "Prescription drug order" means a lawful written or 
heafth 
oral order of a practitioner for a drug or device. Wrijten orders may be issued on a 
prescription form or~lectronic transmission. 
2. Terms of office. Officers elected by the board shaJi. serle terms of one year 
commencing with the day of their elections aHa eHe!ing Up9H ele"tieffi-Bf·~'-ffio!SE"'~ 
8 
aRe! shall seP,'e Re mere taall. 3 eSRsesloltive full tenns in !laeh efflca te whiGh elaeIBt!. 
Sec. DD-6. 32 MRS A §13718, as enacted by PL 1987, c. 710, §5, is amended to 
read: 
§13718. Meetings 
1. Number. The board shall meet at least once eyery 2 months a year to transact its 
business. which includes the election of officers and the reorganization of the board. +he 
Docember meeting shall Be aesignatea as the aflffilal meeting ana shall Be for tHe pHFflose 
of eleeting offieers ana for the reorganization of Ihe aoara. The board shall meet at 
additional times as it may determine. Additional meetings may be called by the president 
or by 2/3 of the members of the board. 
2. Plaee. The aoara shall meet at sHeh plaee as it may from time to time aetermine. 
The placo for eaeh meeting shall ae aeterminea prior to giying notiee of the meeting ana 
shall not ae eHangea after IHe noliee is gi'o'en withoHt aaeElHate Sl1aseElHenl notiee. 
3. NoBee. 1>lotiee of all meetings of the aoara shall ae gh'en in tHe maMer ana 
pursuant to re'lHirements preseABea By the State's applieaBle laws ana THies. 
4. Quorum. A majority of the Four members of the board eonstitl1tes constitute a 
quorum for the conduct of a board meeting and, el,eept wHen a greater nHmaer is re'll1ired 
ay this Aet or ay any THle of tHe aoard, all aahons of the aoard shall ae ay a majority ofa 
~. 
5. Open meeting. All aoard meetings and hearings shall ae open to tae Ill1alie. Tae 
aoard may cORdHet portions of its meetings iR exeeHtiYe sessioR pl1rSHant to tlle freedom 
of access laws. Title I. section 4QS. 
Sec. DD-7. 32 MRSA §13721, sub-§l, ~E, as enacted by PL 1987, c. 710, §5, is 
amended to read: 
E. 
The registration licensing of any dTHg oHtlet phannacy as set out in section 
13751 and any manufacturer or wholesaler whose products are distributed in this 
State; 
Sec. DD-S. 32 MRSA §13721, sub-§l, ~, as amended by PL 2005, c. 262, Pt. 
B, § 1, is further amended to read: 
H. 
The registration licensing of phannacy technicians, including the ~ 
fee as 
set under section 13724, and adoption of rules governing the training, qualification 
and employment of phannacy technicians. 
Sec. DD-9. 32 MRSA §13722, sub-§l,,n, as enacted by PL 1987, c. 710, §5, is 
amended to read: 
D. 
Issue and renew eertificates of registration licenses for purposes of ascertaining 
those persons engaged in the manufacture and distribution of drugs; 
Sec. DD-IO. 32 MRSA §13723, as amend~d by PL 2005, c. 262, Pt. B, §2, is 
further amended to read: 
§13723. Other duties, powers and authority 
The board has such other duties, powers and authority as may be necessary to enforce 
this Act and the board may adopt rules pursuant to this Act, which include, but are not 
limited to, the following. 
1. Professional associations. The board may join professional organizations and 
associations organized exclusively to promote the improvement of the standards of the 
practice ofphannacy for the protection of the health and welfare of the public and whose 
activities assist and facilitate the work of the board. 
2. Bond. In addition to any statutory requirements, the board may require such surety 
bonds as it eeems considers necessary to guarantee the perfonnance and discharge of the 
duties of any officer or employee receiving and disbursing funds. 
3. Seal. The elUlcHti're aireotor of the aoard or tHe secretary of the aoard shall-keep 
the seal of the aoard at the department and shall affix it only in sl1eh manner as m~ 
~reseABed a~! tHe aoard. 
4. RepeRs. The aoard saall sHllmit to the aommissioner no later than Aligust I st of 
eaeh year a report sHmmarii'ling its proceedings and aetiyities dHAng the fiseal-year; 
tOl:':ethsr wita a r9llort of all mone~' received and disB\1fSed ay the aoard. 
6. 
Grants. The board may receive and expend funds, in addition to its arumal 
allocation, from parties other than the State, j'JF9\<ided that as long as: 
A. The funds are awarded for the pursuit of a specific objective wltiefl !hl!!. the board 
is authorized to accomplish by this Act or wltiefl that the board is qualified to 
accomplish by reason of its jurisdiction or professional expertise; 
B. 
The funds are expended for the pursuit of the objective for which they are 
awarded; 
C. Activities connected with or occasioned by the expenditures of the funds do not 
interfere with or impair the performance of the board's duties and responsibilities and 
do not conflict with the exercise of the board's powers as specified by this Act; 
D. The funds are kept in a separate, special state account; and 
E. Periodic reports are made to the commissioner concerning the board's receipt and 
expenditure of the funds. 
7. Investigatory powers. The board shall notify the Department of the Attorney 
General upon receipt of a complaint. Upon receipt of the notifications, the Attorney 
General shall notify the department within a timely period if the alleged violation requires 
criminal investigation. If a case does not require criminal investigation, the board or its 
authorized representatives may investigate and gather evidence concerning alleged 
violations of this Act or of the rules of the board. The board or an effieer authorized 
representative pursuant to paragraph A may remove from any premises authorized for 
inspection pursuant to section 13721, subsection 1, paragraph D certain original records 
relating to scheduled drugs or controlled substances, including, but not limited to, 
prescription records, shipping and delivery records, patient profiles, inventories and other 
I 
II 
IS 
drug records for the purposes of analysis, duplication and furthering the investigation. A 
signed inventory receipt of any records being removed must be furnished to the premises 
by the board or an authorized efffilef representative. When a means of producing legible 
photocopies is readily available at the site of the records being removed, an authorized 
efffilef representative removing the records shall leave photocopies of the records as part 
of an inventory receipt in accordance with this subsection. Except when photocopies are 
left as part of an inventory receipt, the board or an authorized efffilef representative 
removing records from the premises shall, within 48 hours from the time of removal, 
provide to a representative of the premises photocopies of any removed records, together 
with a certificate identifying the agency in possession of the records, or return the original 
records. Inventory receipts and photocopies of any removed records provided by the 
board or an authorizcd efffilef representative are admissible as evidence if offered by any 
representative of the premises to prove compliance with any rule of the board or 
requirement of law. 
A. 
Prescriptions, orders and records required by this chapter and stocks of 
prescription and legend drugs are open only to the board, the board's iaspestsfs aae 
iavestigators authorizcd representatives, federal and state law enforcement officers 
whose duty it is to enforce the laws of this State or of the United States relating to 
scheduled drugs or controlled substances and other law enforcement officers 
authorized by the board or the Attorney General for the purposes of inspecting, 
investigating and gathering evidence of violations of law or any rule of the board. No 
efffilef person having knowledge by virtue of the eftieef!a person's office of any such 
prescription, order or record may divulge that knowledge, except before a licensing 
Sf fegistfatisa board or efffilef representative or in connection with a prosecution or 
proceeding in court. 
B. 
The Bureau of Health, the board, their officers, agents, inspectors and 
representatives, all peace officers within the State and all prosecuting attorneys shall 
enforce all provisions of this chapter, except those specifically delegated, and shall 
cooperate with all agencies charged with the enforcement of the laws of the United 
States, of this State and of all other states relating to prescription or legend drugs or 
their equivalent. 
8. Embargo. The board may embargo certain drugs or devices as follows. 
A. 
Notwithstanding anything in this Act to the contrary, if a duly authorized 
representative of the board finds or has probable cause to believe that any drug or 
device is adulterated or misbranded within the meaning of the United States Food and 
Drug Act, the board representative shall affix to the drug or device a tag or other 
appropriate marking giving notice that the article is or is suspected of being 
adulterated or misbranded ~ and has been detained or embargoed, and warning all 
persons not to remove or dispose of the article by sale or otherwise until provision for 
removal or disposal is given by the board, its agent representative or the court. No 
person may remove or dispose of the embargoed drug or device by sale or otherwise 
without the permission of the board or its agent representative or, after summary 
proceedings have been instituted, without permission from the court. 
B. When a drug or device detained or embargoed under paragraph A has been 
declared by a representative of the board to be adulterated or misbranded, the board 
I 
shall, as soon as practical, report the declaration to the Attorney General's office, 
along with sufficient information to permit the Attorney General to bring a petition 
for an injunction to the judge of the court in whose jurisdiction the article is dttained 
or embargoed. If the judge determines that the drug or device so detained or 
embargoed is not adulterated or misbranded, the board shall direct the imr.1ediate 
removal of the tag or other marking. 
C. If the court finds the detained or embargoed dmg or device is adulterated or 
misbranded, that drug or device, after entry of the decree, shall be destroyed at thc 
expense of the owner under the supervision of the board representative and all court 
costs and fees, storage and other proper expense shall be borne by the owner of the 
drug or device. When the adulteration or misbranding may be corrected by proper 
labeling or processing of the drug or device, the court, after ently of the decree and 
after the costs, fees and expenses have been paid and a good and sufficient bond has 
been posted, may direct that the drug or device be delivered to the owner for labeling 
or processing under the supervision of a board representative. The expense of the 
supervision shall be paid by the owner. The bond shall be returned to the owner of the 
drug or device on representation to the COUlt by the board that the drug or device is no 
longer in violation of the embargo and the expense of supervision has been paid. 
10. Procedure. Except as otherwise provided, the board shall exercise all of its 
duties, powers and authority in accordance with the Maine Administrative Procedure Act, 
Title 5, chapter 375. 
11. Exemption. The board may exempt a free clinic from all fees, in whole or in 
part, ~ 
set under this chapter. 
Sec. DD-l1. 32 MRSA §13724, as enacted by PL 2005, c. 262, PI B, §3, is 
amended to read: 
§13724. Fees 
The Director of the Office of Licensing and Registration withia the Departmeat sf 
PfsfessisHal aHa Fiaaneial Regylatisa 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 anyone purpose may not exceed $325. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. All fees feeei','ea ay the asaffi mlist ae paia ts the TfeaS\lfer sf State aHa 
lisea ts eaR)' Slit this shapter: Pdt'! aalaaee sf theSE! fees may Hat lapse alit _5t ae 
earriea refVlaffi as a esHtialiiag aeesliat ts aE! eKpeHaea ref the same fllifjlsses ia the 
rellewiag yeafs. 
Sec. DD-12. 32 MRSA §13731, sub-§2, as enacted by PL 1987, c. 710, §5, is 
amended to read: 
2. Authorization to deal with dangerous substances. Practitioners, drug jobbers, 
drug wholesalers, drug manufacturers, pharmacists and pharmacies registered licensed 
under this chapter and approved animal shelters as provided in Title 7, section 3913, are 
authorized to deal professionally with dangerous mbstances. A dangerous substance is: 
A. 
Any substance listed under the Federal Uniform Controlled Substance Act, 
sections I through 5; or 
B. Anything deemed to be dangerous by the Federal Drug Administration, other 
federal agency, or the Attorney General of the United States. 
Sec. DD-13. 32 MRSA §13732, sub-§2,,s, as enacted by PL 1987, c. 710, §5, 
is repealed. 
Sec. DD-14. 32 MRSA §13733, as amended by PL 2005, c. 262, PI. B, §§6 to 8, 
is further amended to read: 
§13733. Qualifications for licensure by endorsement 
1. Requirements. To obtain a license as a pharmacist by reciprocity an applicant for 
licensure must: 
A. Have submitted a written application iH the fefm Ilreseriaee ay the aeare together 
with the ~ 
fee as set under section 13724; 
B. Have attained the age of 21 years; 
C. Have demonstrated gese FRsral 6haraeter aHa teFRflerate haaits trustworthiness 
and competency; 
D. 
Have possessed at the time of initial licensure as a pharmacist such other 
qualifications necessary to have been eligible for licensure at that time in this State, 
except that if the state requirement of graduation from a pharmacy degree program 
accredited by the American Council on Pharmaceutical Education applies, this 
requirement may be waived for an applicant who, notwithstanding paragraph E, has 
graduated from a college of pharmacy in the United States prior to June 1, 1985, has 
engaged in the practice of pharmacy within the United States for a period of at least 5 
years within the 10 years immediately preceding the application and who has passed 
the national pharmacy examination prepared by the National Association of Boards 
of Pharmacy; 
E. Have engaged in the practice of pharmacy for a period of at least one year or have 
met the internship requirements of this State within the one-year period immediately 
previous to the date of the application; 
F. Have passed the state pharmacy law exam as aamiHisterea approved by the board; 
and 
G. Have presented to the board proof of initial licensure by examination and proof 
that the license and any other license or licenses granted to the applicant by any other 
state or states have not been suspended, revoked, canceled or otherwise restricted for 
any reason except nonrenewal or the failure to obtain required continuing education 
credits in any state where the applicant is licensed, but not engaged in the practice of 
pharmacy. If an otherwise qualified applicant for licensure by reciprocity has had a 
license suspended, revoked, cancelled or otherwise restricted for any reason, the 
board may assess the prior disciplinary event and in its discretion issue the license. 
'I 
'Ii 
2. 
Eligibili~'. ~!s alllllieaHt is eligiale fer lieeftsHre ay reeillrseity Hruess the state iH 
whieh the alllllieaHt was initially lieeHsee as a Ilhafmaeist alss graHts reeillrseallieeHsHre 
ts Ilftafmaeists eHly lieeHsee ay elEamiHa!isft iH this State HHeer lil.e eireHlHstaHees aHd 
eSHeitisHs. 
Sec. DD-15. 32 MRS A §13734, as amended by PL 2005, c. 262, PI. B, §9, is 
further amended to read: 
§13734. Renewaloflicenses 
1. Renewal. A license expires on the date set by the CsmmissisHer sf PrsfessisHal 
ftHe Fioafteiai RegHlatisH commissioner pursuant to Title 10, section 8003, subsection 4 
for the licensing period for which the license was issued. A renewal license is issued for 
each ensuing licensing period in the absence of any reason or condition that might 
warrant the refusal to grant a license, upon receipt by the board of the written request of 
the applicant and the ~ 
fee for the license as set under section 13724 and upon the 
applicant's presenting evidence of compliance with the requirements of section 13735, 
Licenses may be renewed up to 90 days after the date of expiration upon payment of a 
late fee as set under section 13724 in addition to a reEjHired the renewal fee as set under 
section 13724. Any person who submits an application for renewal more than 90 days 
after the license renewal date is subject to all requirements governing new applicants 
under this chapter, including a late fee, renewal fee and fHiHg additional late fee as set 
under section 13724, except that the board may, giving due consideration to the 
protection of the public, waive examination if that renewal application is made within 2 
years from the date of that expiration. 
2. Inactive renewal license. e,.'ery registeree A licensed pharmacist not practicing 
pharmacy within this State shall pay, on or before the expiration date as determined by 
the commissioner, a renewal fee as set under section 13724, in return for which Ii 
HSHaeti'le an inactive renewal registratisH license must be issued. 
6,'el)' registered A licensed pharmacist holding a HSHaeti'<,e an inactive renewal 
registratisH license who desires to practice pharmacy in this State is required to submit 
proof satisfactory to the board that, during the calendar year preceding application for 
active registratisH licensure, the pharmacist has participated in not less than 15 hours of 
approved courses of continuing professional pharmaceutical education as defined in 
section 13735. The board may make exceptions frsFR the BperatisH Bf to the continuing 
education requirement of this section in emergency or hardship cases. 
If any person fails or neglects to procure the annual HSHaeti'le inactive renewal 
registratisH license, Hstiee ef that failHre ha'liHg aeeH FRailed ts that persBH's last kHewH 
aedress ay the aeare, after the expiration of 30 days fellswiftg the issHe sf Hetiee, that 
person's original registratisH license expires. That person, in order to regain registratieH 
licensure, is required to pay one renewal fee as set under section 13724 in addition to the 
sum of all fees that person may be in arrears. 
Sec. DD-16. 32 MRS A §13735, as amended by PL 2005, c. 262, Pt. B, §IO, is 
further amended to read: 
§13735. Continuing pharmacy education 
adequate notice of the conference and of the issues to be discussed. The conference may 
be conducted in executive session of the board, pursuant to Title 1, section 405. 
An annual renewal eeFtifieate license may not be issued by the board until the 
Statements made at the conference may not be introduced at a subsequent formal hearing 
applicant saamits pfOaf satisfaetafY certifies to the board that, during the calendar year 
unless all parties consent. 
preceding an application for renewal, the applicant has participated in not less than 15 
hours of approved courses of continuing professional pharmaceutical education as set out 
in this section. The continuing professional phannaceutical educational courses consist of 
If the aaard finds that the faetaal aasis of the eomplaiHt is true ane is of saffieieHt 
gra'lity to waITant further aetion, it may take any of the fello'Ning aetions it deems 
postgraduate studies, institutes, seminars, workshops, lectures, conferences, extension 
appropriate as set ferth in Title 10, seetioR 8003, stlaseetion 5 ans inelasiftg: 
studies, correspondence courses or such other fonns of continuing professional 
pharmaceutical education as may be approved by the board. 
1. Warning. Warning, eensaring or reprimanding the lieeHsee; 
These courses 5haII consist of subject matter pertinent to the following general areas 
of professional phannaceutical education: The socioeconomic and legal aspects of health 
care; the properties and actions of drugs and dosage fonns; and the ideology, 
characteristics and therapeutics of the disease state. The specific subject matter of the 
courses may include, but is not limited to, phannacology, biochemistry, physiology, 
1. Cansent agreement. With the eORseHt of the lisensee, eHtering iHta a eonsent 
agF6emeRt whieh fi1(es the perioe and terms ef proaation aest aeapted to preteet the 
II 
pablie health aRd safety aRs to rehabilitate or eeasate the lieensee. A senseHt agreemeHt 
may ae ased to termiRate a eomplaiHt iR' .. estigatieR if eHteres iRta ay the aoarEl, the 
lieensee aRd the Attorney General's offiee; 
pharmaceutical chemistry, phannacy administration, pharmacy jurisprudence, public 
health and communicable diseases, phannaceutical marketing, professional practice 
management, anatomy, histology and such other subject matter as represented in curricula 
of accredited colleges of phannacy. The content of each course offered for credit under 
this continuing professional educational program must be approved in advance of the 
course by a eommittee eomposee of eEttiel representation iTom the aaarEl, hospital 
3. Negatiate stipulatiaRs. In saRsideratioR fer aeeer/aRee af a ,·olantroy SaITeRSer 
of the lisense, negetiating stipalations, inslasing terms ane sonditiens fer reinstatement 
"'hieh eRBare proteetieR of the pablie health ane safety and whieh serve to rehaailitate er 
edHsate the lieensee. These stipalatiens shall ae set ferth enly in a eensent agreemeHt 
signed ay the aears, the lieensee ans the AHerne), GeReral's offiee; or 
phaFffiaey and retail pharmae)' within the State. The namaer aRs meraeers of the 
eemmittee shall ae seleetes by the aoare ane shall sen'e fer a peries af 2 years the board 
or its representative. The board may make exceptions from the operatian afto this section 
in emergency or hardship cases. 
4. AdjudieataFY heaFing. If the aoars eonelaees that mesifisatioR or nOlH'enewal of 
tfie lieeRse migfit be in arder, fiolsing an asjHeieatory fiearing in aeeersanee witfi tfie 
MaiHe Administrath'e Preeesare Aet, Title 5, efiapter 375, sHaefiapter IV. 
Each application for approval of a continuing education program or course must be 
Sec. DD-18. 32 MRS A §13742, as amended by PL 1999, c. 130, §IO, is repealed. 
submitted according to the guidelines prescribed by rule by the board, together with a 
~ 
fee as set under section 13724. 
Sec. DD-19. 32 MRSA §13742-A is enacted to read: 
Sec. DD-17. 32 MRSA §13741, as amended by PL 1999, c. 130, §9, is further 
amended to read: 
§13742-A. 
Denial or refusal to renew license; disciplinary sanctions; crimes; 
criminal prosecutions 
1. Disciplinary action. In addition to the grounds enumerated in Title 10, section 
§13741. Informal conference 
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: 
Tfie boars shall iH¥estigate eivil eemplaiHts regarEling noneompHaHee with ar 
violatieR efthis ehapter er af~' rules asapted ay the aoard. 
The aeard shall Ratify the lieensee of the eaRtent of a eemplainl filed agaiRsI the 
Heens!!e as sa OR as possible, bat in Re eveHt later than witfiiR (0;0 days of reeeipt ef tfiis 
infermalion. Tfie lieensee sfiall respons within 30 eays. If lfie lieensee's ~spense ta tfie 
eemplaint satisfies the aaars that the eomplaiHt soes net merit further investigation er 
aetioR, the matter may ae dismissed, with netiee of tfie sismissal Ie the eemplainant, if 
any-: 
A. Habitual substance abuse that has resulted or is foreseeably likely to result in the 
applicant or licensee performing duties in a manner that endangers the health or 
safety of patients; 
B .. A professional diagnosis of a mental or physical condition that has resulted or 
may result in the applicant or licensee performing duties in a manner that endangers 
the health or safety of patients; 
C. Engaging in unprofessional conduct by violating any standard of professional 
behavior, including but not limited (0 a breach of confidentiality of health care 
infonnation pursuant to state law, that has been established in the practice for which 
the licensee is licensed; or 
If; in the opinion ef lfie baanl, the factual basis of Hie !! complaint is or may be (rue 
and the complaint is of sufficient gravity to warrant further action, the board may request 
an infonnal conference with the licensee. The board shall provide the licensee with 
D. Engaging in false, misleading or deceptive advertising. 
4. Judieial review. All final aesisisHS ay the asara aFe stffijeet ts jtlaieial re'/ie' .... 
This subsection applies to all types of licenses issued by the board. 
Plirsliaflt ts the Maifle Aamiflistrati','e Pmeeaure Ast, Tide 5, sh8j3ter 375. 
2. Crime in course of business. If any licensed pharmacist is convicted in state or 
federal court of a crime that is committed during the course of duties performed as a 
Sec. DD-21. 32 MRSA §13751, sub-§l, as amended by PL 1997, c. 117, §IO, is 
further amended to read: 
licensed pharmacist or committed through the use of the pharmacy in which the 
pharmacist is employed, or that the pharmacist owns or operates. and that demonstrates 
unfitness to practice as a pharmacist, including, but not limited to, convictions for 
1. Licensure. All arug Slitlsts pharmacies, manufacturers, wholesalers and mail 
order contact lens suppliers shall annually register with obtain a license from the board. 
defrauding the Medicaid program and for illegally distributing prescription drugs, the 
pharmacist's license is subject to diSCiplinary action as set forth in subsection 1. 
Sec. DD-22. 32 MRSA §13751, sub-§2, as amended by PL 1999, c. 42, §§4 and 
5, is further amended to read: 
3. Criminal prosecutions. Nothing in this chapter bars criminal prosecution for any 
violation of this chapter when that violation is a criminal offense under the laws of this 
State or of the United States. 
2. Classifications. Drug slidets shaH Pharmacies must be Fegisterea licensed in 
classifications set out in this subsection. 
Sec. DD-20. 32 MRS A §13743, as enacted by PL 1987, c. 710, §5, is amended to 
read: 
Each arug slidet pharmacy must apply for a eertifieate sf registratisH license in one of the 
following classifications: 
A. Retail arug elidet pharmacy; 
§13743. Reinstatement 
B. Mail order prescription arug Slitlst pharmacy; 
1. Fenalties. Ullsfl fiHaiflg gFsliflas fer aiseillliHe sf aflY llerssH hslaiflg a lieeflse SF 
C. Wholesale arug emlet pharmacy; 
D. Rural health center; or 
seeiciHg a lieeHse SF a reHewal ef a lieeHse liflaer tms eh8Jlter, the asara may take SHe sr 
msre sf the fellswiHg aetiSHs: 
A. 
Rel}llest the i'cttsmey GeHeral's sffiee ts iHstiMe allllrsllriate jllaieial 
E. Free clinic. 
llTseeeaiHgs whieh may leaa ts suslleHsisH er re."seatieH sflieeHse; 
Sec. DD-23. 32 MRSA §13751, sub-§3, as enacted by PL 1987, c. 710, §5, is 
B. 
Reslriet the sffeHaer's lieense tS llfshiait the sffeHaeF frem perferming eertaifl 
amended to read: 
aets Sf eHgagiHg iH the llraetiee sf llharmas~ iH a I"artisular maHfler fer a term te 86 
aetermiHea ay the asara; SF 
C. Usia aH aajllaieatisH heariflg , .... hish may result iH: 
(1) Refusal ts feBe' .... sffeHder's lisMse; Sf 
3. Rules. The board shall establish by rule the criteria whieh that each arug smlst 
pharmacy must meet to qualify for registratisH licensure in each classification designated 
in subsection 2. The board may issue various types of sertifisates licenses with varying 
restrictions to the eutlets pharmacies referred to in subsection 2, paragraph A when the 
board determines it necessary by reason of the type of arug slldet pharmacy requesting a 
(2) Plasement sf the sffeflaer Sfl prsaatisfl aHa supepiisisH ay the asara fer a 
sertifisate license. 
llerisa ts ae astermiHea ay the asara. 
2. Reinstatement. Any person whose license to practice pharmacy in this State has 
been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by 
Sec. DD-24. 32 MRSA §13752, as amended by PL 2005, c. 262, Pt. B, §§12 to 
14, is further amended to read: 
action of the board, may at reasonable intervals petition the board for reinstatement of the 
§13752. Application 
license. The petition must be made in writing in a form prescribed by the board. Upon 
investigation and hearing, the board may grant or deny the petition or it may modify its 
original finding to reflect any circumstances which have changed sufficiently to warrant 
those modifications. 
1. Procedures. The board shall specify by rule the registratiSH licensing procedures 
to be followed, including, but not limited to, specification of forms for use in applying for 
registratisH licensure and the times and places for filing an application. 
3. Crimioal proseeutioRs. 1'1sthiHg iH thls shallter aars erimiHai IlrssesmisH fer any 
vislatisH sf this shepter Vl41ere that vislatisH is a erimiHal sffeHse lIHEler the la'A'S sf this 
State sr sf the Umtea States. 
2. Required information. Applications for sertifisates sf registratisH licenses must 
include the ~ 
fee as set under section 13724 and the following information about 
the proposed arng elitlet pharmacy and pharmacist in charge: 
A. Ownership of the ~ 
pharmacy; 
B. Location of the oot!et pharmacy; 
that are found to be insecure, not suitable for operation as a drug eutlet pharmacy or not 
C. 
Identity of the pharmacist licensed to practice in the State who will be the 
pharmacist in charge of the drug emiet pharmacy, when one is required by this 
chapter, and such further information as the board may determine necessary. A 
pharmacist may be the pharmacist in charge for only one drug eutlet pharmacy, 
except upon the pharmacist applying for and receiving written authorization from the 
board. The position of pharmacist in charge may not be held by a qualified assistant 
in compliance with applicable federal and state laws, rules and regulations governing the 
practice of pharmacy are subject to a board-ordered emergency revocation of registratieH 
the license. The oot!et pharmacy may not operate after revocation. The enlergency 
revocation is a final agency action and is not subject to judicial review, but a new 
application for registratiefl licensure may be submitted pursuant to section 13752, and if 
approved, a site inspection must be performed pursuant to subsection 1, paragraph A. 
pharmacist; and 
Sec. DD-26. 32 MRS A §13753, sub-§l, as enacted by PL 1987, c. 710, §5, is 
D. A certification by the pharmacist identified as the pharmacist in charge that the 
amended to read: 
pharmacist has read and understands the requirements and duties of a pharmacist in 
charge set forth in board rules. 
1. Changes. All registered drug eutlets licensed pharmacies shall report to the board, 
by registered mail or fax, the occurrence of any of the following changes: 
3. Transferability. Certifieatas ef registfa!ieH Licenses issued by the board pursuant 
to this chapter are not transferable or assignable. 
A. Permanent closing which requires 14 days' prior notice to the public and to the 
board; 
4. Professional responsibility. The board shall specify by rule minimum standards 
for the professional responsibility in the conduct of any drug eutlet pharmacy that has 
B. Change of ownership which requires 7 days' prior notice to the board; 
employees or personnel engaged in the practice of pharmacy. The board may require that 
C. Change of pharmacist in charge which requires notice no later than 7 days after 
the portion of the facility to which the eMitiea!e ef registratisH license applies be 
the change; and 
operated only under the direct supervision of no less than one pharmacist licensed to 
practice in this State and not otherwise and to provide such other special requirements as 
D. Any other matters and occurrences as the board may require by rule. 
necessary. A change in the pharmacist in charge who is responsible for the drug elitlet 
Sec. DD-27. 32 MRS A §13754, as enacted by PL 1987, c. 710, §5, is amended to 
pharmacy must be reported to the board together with the FeEjUireEi fee as set under 
read: 
section 13724. 
§13754. Violations and penalties 
5. Minimum inventory. The board shall ascertain that the applicant has a sufficient 
amount of prescription inventory on location to respond appropriately to prescription 
1. Unlicensed practice. No Grug slitlet registered pharmacy licensed pursuant to 
orders. 
section 13751 may be operated until a eertifieate efregistratisfllicense has been issued to 
that facility by the board. Upefl tRe fiHdiHg ef a 'lielatieH sf this seetieft, IRe beard may 
Sec. DD-25. 32 MRSA §13752-A, as enacted by PL 1999, c. 130, §12, is 
impese efta sr mera ef tae peaalties eaumerated ifl seetieft 13731 or 13743. Any person 
amended to read: 
who violates this section is subject to the provisions of Title 10. section 8003-C. 
§13752-A. Site inspection required 
2. Reinstatement. Reinstatement of a eMifieate license that has been suspended, 
revoked or restricted by the board may be granted in accordance with the procedures 
specified by section 13743, subsection 2. 
1. 
Opening facility. 
Sueeessful appiieaflts fer registratisfi ef II drug eutlet 
Pharmacies licensed pursuant to this subchapter may open and operate the appre"ed 
facility only: 
Sec. DD-28. 32 MRSA §13758, as amended by PL 2005, c. 262, Pt. B, §15, is 
A. 
Upon the eemflletiefl ef a site iHspeetioo eftae fueility by II member approval of 
further amended to read: 
the board or its representatjve; or 
§13758. Licensure 
B. 
Upon the pharmacist in charge certifying to the board, on forms prescribed by 
the board, that the facility is secure, suitable for operation as a Grug sutlet pharmacy 
and in compliance with applicable federal and state laws, rules and regulations 
governing the practice of pharmacy. 
1. 
Purpose; statement of intent. 
The purpose of this section is to require 
registratisfl licensure of manufacturers and wholesalers witaeut faeilities iH tais within or 
outside the State. The intent of the Legislature is that the board sHall!lli!Y not preffililgate 
adopt rules regarding companies without Wholesale facilities or manufacturers' facilities 
2. Facility inspection. RegistereG Elrug eutlets Licensed pharmacies that open and 
located in this State wIHeH that are more restrictive than federal law or regulation. 
operate pursuant to subsection 1, paragraph B must be inspected by a member of the 
board or afl iHspeeter fer tRe beard its representative within 30 days of opening. Facilities 
I 
2. Licensure, manufacturers and wholesalers. All manufacturers and wholesalers 
whose products are distributed in the State in any manner saall register wita must be 
licensed by the board. 
3. Licensure, individuals. Ne An individual who is employed by a manufacturer or 
wholesaler wBieB that is fegistere~ licensed under this subchapter need register not obtain 
licensure under this subchapter. 
4. Form. Registratien License forms BBall 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. 
Registratien License forms BBall must be executed by an owner or officer of the entity, 
providing printed name and title. 
5. Fees. Each registrant ligensee shall pay a ~ 
fee as set under section 13724. 
6. Violations. It sBaII-be ~ unlawful for manufacturers or wholesale companies to 
distribute prescription drugs in this State unless registered licensed under the provisions 
of this subchapter or subchapter¥ 2. 
Sec. DD-29. 32 MRSA §13762, sub-§2, as amended by PL 2005, c. 262, PI. B, 
§ 17, is further amended to read: 
2. Renewal. A license expires on the date set by the Cemmissiener ef Prsfessienal 
an~ Finansial Regulatien commissioner pursuant to Title 10, section 8003, subsection 4 
for the licensing period for which the license was issued. A renewal license is issued for 
each ensuing licensing period in the absence of any reason or condition that might 
warrant the refusal to grant a license and upon receipt by the board of the written request 
of the applicant and the required fee for the license as set under section 13724. 
Licenses may be renewed up to 90 days after the date of expiration upon payment of a 
late fee in addition to a ~ 
renewal fee, beta sf waisa are ~ set under section 
13724. Any person who submits an application for renewal more than 90 days after the 
license renewal date is subject to all requirements governing new applicants under this 
chapter, including a late fee, renewal fee and fHiHg additional late fee as set under section 
13724. 
Sec. DD-30. 32 MRSA §13782-A, sub-§l, as enacted by PL 1997, c. 245, §15, 
is amended to read: 
1. Price disclosure required. A pharmacist or pharmacy technician employed by a 
drug eutiet pharmacy shall disclose upon the request of any person making an inquiry in 
person or by telephone the price of any brand or generic drug sold by that ~rue eutlet 
pharmacy. 
Sec. DD-31. 32 MRS A §13789, as enacted by PL 1987, c. 710, §5, is amended to 
read: 
Page J 66 - 123LR0598(OI )-1 
§13789. Possession of drug samples 
No person may purchase manufacturers' drug samples from any person for purposes 
of resale. If those samples are given gratuitously to a registere~ licensed pharmacist, 
qualified assistant pharmacist or medical practitioner, any such sample may be given to 
any person, flre, .. i~e~ taat any silsa as long as the sample is kept in containers suitably 
labeled to conform to the Federal Food and Drug Act and the state food and drug laws 
and flreYi~e~ taat this gift sBalI-l3e ~ subject to the laws relating to the sale of drugs. 
Sec. DD-32. 32 MRSA §13796, sub-§l, ~, as enacted by PL 2005, c. 430, §8 
and affected by §IO, is amended to read: 
B. 
"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 ~rug elltiets pharmacies. 
Sec. DD-33. 32 MRSA §13796, sub-§3, ~C, as enacted by PL 2005, c. 430, §8 
and affected by § 10, is amended to read: 
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 registere~ 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 fegistere~ licensed pharmacy technician has 
given individual, express approval for the purchase. 
Sec. DD-34. Maine Revised Statutes headnote amended; revision clause. 
In the Maine Revised Statutes, Title 32, chapter 117, subchapter 5, in the chapter 
headnote, the words "registration of pharmacy facilities" are amended to read "pharmacy 
facilities" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
Sec. DD-35. Maine Revised Statutes headnote amended; revision clause. 
In the Maine Revised Statutes, Title 32, chapter 117, subchapter 6, in the chapter 
headnote, the words "manufacturers and wholesalers without facilities in this state" are 
amended to read "manufacturers and wholesalers" and the Revisor of Statutes shall 
implement this revision when updating, publishing or republishing the statutes. 
PARTEE 
Sec. EE-l. 32 MRSA §13851, sub-§l-A is enacted to read: 
I-A. Board. "Board" means the Board of Counseling Professionals Licensure. 
established in section 13852. 
Page J 67 - 123LR0598(OI)-1 
I 
Sec. EE-2. 32 MRSA §13852, as amended by PL 1999, c. 790, Pt. B, §4, is 
further amended to read: 
§13852. Board of Counseling Professionals Licensure; establishment; compensation 
1. Establishment. The Board of Counseling Professionals Licensure within the 
Department of Prefessional aBEl Pinaneial Regulation department as established by Title 
5, section 12004-A, subsection 9-C, shall carry out the purposes of this chapter. 
2. 
Members. 
The board consists of 9 members, 8 of them appointed by the 
Governor. Each member must be a eitizen of tae Unitea States ana a resident of this 
State. Six members must be licensed counseling professionals under this chapter, 2 of 
whom must be professional counselors, 2 must be clinical professional counselors, one 
II 
must be a marriage and family therapist and one must be a pastoral counselor. Each 
counselor member must have been, for at least 5 years immediately preceding 
appointment, actively engaged as a practitioner, educator or researcher. Two members 
must be represeHtatiYes of tae general public members as defined in Title 5, section 
12004-A and may not be currently practicing counseling or receiving compensation for 
counseling services. One of the 2 public members must be a consumer of counseling 
services. One member, appointed by the Chancellor of the University of Maine System, 
must be a member of the university faculty involved in the training of counselors. 
3. Offieers. The board shall elect a chair and secretary at its first meeting of eaca 
year, proyidea taat 110 persoll may SeFye as caair foF more taan 3 years. 
4. Terms of office. Appointments are for terms of 3 years each. Appointments of 
members must comply with Title 10, section @ 8009. 
5. Removal. The Governor may remove any member of the board for cause and the 
reason for the termination of each appointment must be communicated to each member 
so terminated. The appointment of any member of the board must be terminated if a 
member is absent for 6 consecutive board meetings without good and just cause that is 
communicated to the chair. 
7. Meetings; chair; quorum. The board shallllehl meet at least 2 regular meetillgs 
eaell once a year to conduct its business and to elect a chair. Additional meetings may 
must be held tIpeH as necessary to conduct the business of the board and may be 
convened at the call of thc chair or tae secFetary OF Ilpon tae WritttlH reEjllest of any 2 a 
majority of the board members. Five members of the board constitute a quorum. 
Sec. EE-3. 32 MRS A §13853, as amended by PL 1995, c. 397, § 114, is further 
amended to read: 
§13853. Powers and duties of the board 
The board saall aaye bas the following powers and duties in addition to all other 
powers and duties otherwise set forth in this chapter. 
1. 
Standards. 
The board shall administer and enforce this chapter, set forth 
education and examination standards and evaluate the qualifications for licensure. 
I 
II 
2. 
Rules. The board may adopt, in accordance with the ~ faine AamillistratiYe 
PreeedlH'e Aet, Title 5, chapter 375, rules necessary to carry out the purposes of this 
chapter. 
3. 
C9mplaints. 
The Board shall inyestigate OF cause to Be inyestigated all 
eompiaiHts maae on its ov.'H motion or on wFitten eomplaint filed with the Beard and all 
eases of noneemplianee with er violation of this chapter or allJ' rules adopted by tae 
BeaFEh 
4. Ree9rds. The Beard saall lEeep reeerds ana minlltes as are neeessary to tae 
ordinary dispateh of its funetions. 
S. Rep9Fts. The Board shall SIlBmit to the eOmHHSSiOneF its aBHllal Feport of its 
operatiolls for the preeeaing fiseal year no later tBaH August I st of eaeh year. 
8. 
Register. The aepartment shall make availaBle, at eost, a register that shall 
eontain tae names of all illaividuals lieensea By tae Boara. 
10. Officers. The board shall elect from among its members officers as it determines 
necessary. Tae seeretary shall keep reeords ana milllltes of all aetivities and meetings. 
11. Code of ethics. The board shall adopt a code of ethics generally in keeping with 
standards established by the national professional associations concerned with the areas 
of board responsibility. 
12. HeRrings. The Boara shall eonooet aearings to assist with in,'estigations ana to 
aetermine whetaer gre~lHds exist for sllspension, re'loeation or denial of a lieense, or as 
etherwise deemea neoessary to the fulfillment of its responsibilities HIlder this ehapter. 
13. Disclosure statements. Under this chapter all licensees and registrants are 
required to provide disclosure statements to clients prior to treatments. The board may 
adopt, by rule, a standard disclosure statement. This disclosure statement must mclude, 
but not be limited to, the name and address of the licensee or registrant, the original date 
and the expiration date of the license, the proposed course of treatment and financial 
arrangements for clients. 
Tae BeaTa may not refuse to rene'", a license for any reason other thall failllre to pay a 
reEjllirea fee, Ilnless it aas afforded tae lieellsee an opporlllllity for an aEljllaieatory 
aearing. The Beara saall hola an aEijllaieatory hearing at the written reEjllest of any persoll 
who is aeniea a licellse witaollt a aearing for any reasoll otaeF taan failuFe to pay a 
reqllirea foe, proviaea that tae reEjliest for a hearing is received By the Boara ",Atain 30 
aays of tae applieallt's receipt of a ",,.rittell notiee of tae denial of tfie applieatioll, the 
reasolls for ana the rigat to reEjllest a hearing. Hearings FHIlst be cOlldlletea in eonformity 
wita the Maine Aaministrati'le Proeeaure Aet, Title 5, ehapter 375, sllBehapter IV, to tae 
extent applieaBle. 
14. Issue licenses. The board shall issue licenses as necessary to implement this 
chapter. 
I 
15. Client biII of rights. The board shall specify the infonnation that counselors are 
to include in a client bill ofrights that is to be provided to all clients by all counselors. 
the board may, giving due consideration to the protection of the public, waive 
examination if that renewal examination is made received. together with the late fee and 
Sec. EE-4. 32 MRSA §13854, sub-§3, as amended by PL 2001, c. 421, PI. B, 
renewal fee, within 2 years from the date of that expiration. 
§ \03 and affected by PI. C, § I, is further amended to read: 
Sec. EE-8. 32 MRSA §13861, as amended by PL 1993, c. 600, PI. A, §274, is 
3. Unlicensed practice. A person who violates aa)' preyisiea ef this shapter fer 
repealed. 
whish a psaalty is aet spesifisaliy pre'iided semmits a si'iil vielatiea fer which a 
Sec. EE-9. 32 MRS A §13861-A is enacted to read: 
ferfeiture ef aot more thaa $1,000 may be aajlldged subsection I is subject to the 
provisions of Title 10. section 8003-C. The State may briag aa aeliea ia Sllperier Court 
§13861-A. Denial or refusal to renew license; disciplinary action; reinstatement 
te enjeia aa)' llersea [rem Yielatiag this ehapter, regardless of whether ether 
adrniaistrative. siyil er srirniaal ereseedial2:s haye beea or may be iastitlltsd. 
1. Disciplinary action. 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 
II 
Sec. EE-5. 32 MRSA §13858, first~, as amended by PL 1999, c. 386, PI. T, §2, 
is further amended to read: 
license or impose the disciplinary sanctions authorized by Title 10, section 8003. 
subsection 5-A for: 
To be eligible for a license to practice counseling at any level, an applicant must be at 
least 18 years of age and satisfactorily pass any examination as the board may prescribe 
by its rules. Each applicant must demonstrate trustworthiness and competence to engage 
in the practice of counseling in such a manner as to safeguard the interests of the public. 
A. Habitual substance abuse or abuse of other drugs listed as controlled substances 
by the federal Drug Enforcement Administration that has resulted or is foreseeably 
likely to result in the applicant's or licensee's performing services in a manner that 
endangers the health or safety of patients; 
Each applicant must submit an application and pay the fee as set under section 13859. 
The license categories "licensed clinical professional counselor," "licensed pastoral 
counselor" and "licensed marriage and family therapist" are of equivalent clinical status. 
Clinical status grants the ability to diagnose and treat mental health disorders. 
B. A medical finding of mental incompetency; and 
C. Having had any professional or occupational license revoked for disciplinary 
reasons or any application rej ected for reasons relating to untrustworthiness, within 3 
years of the date of application. 
2. Reinstatement. Any individual whose license or registration has been denied. 
suspended or revoked may apply to the board for licensure or registration reinstatement 
Sec. EE-6. 32 MRSA §13859, as amended by PL 1989, c. 895, §15 and affected 
by PL 1991, c. 263, §§5 and 6, is repealed and the following enacted in its place: 
one year after the date of the board's original action. A competency review is a condition 
of reinstatement. The board shall determine the nature of this review. 
§13859. Fees 
The Director of the Office of Licensing and Registration 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 anyone 
Sec. EE-IO. 32 MRS A §13864, as enacted by PL 1997, c. 128, §2, is amended to 
read: 
purpose may not exceed $300. Rules adopted pursuant to this section are routine technical 
rules as defined in Title 5. chapter 375. subchapter 2-A, 
§13864. Inactive status license 
Sec. EE-7. 32 MRSA §13860, sub-§l, as enacted by PL 1989, c. 465, §3, is 
amended to read: 
Aay 11 licensee, who does not perfonn any of the activities described in section 
13851, subsection 8 and who wants to preserve the license while not engaged in any 
counseling activity, may sllrreadsr that Iieesss te the beard fer jllasemeat ea apply for an 
inactive status license pursuant to Title 10. section 8003. subsection 5-A, paragraph D, 
subparagraph (5). The fee for inactive status licensure is set under section 13859. The 
beard may plase the HseHse eH iHaeti'le stattis only llJlOH propsr apjlHeatiea by the 
~ 
During inactive status, the licensee must renew the license bieflflially and pay 
the renewal fee as set under section 13859, but is not required to meet the continuing 
education requirements under section 13860, subsection 2. The board shall adopt rules 
1. Biennial renewal. Licenses shall expire biennially on December 31st or on such 
other date as the commissioner deterrniHes may determine. Netiee ef elEpiratieH shan be 
mailed to eash !ieessee's last !meWR addfess at least 30 days is advaase sf the eKpiratieH 
ef the !ieesse. The aetiee shall iB6l11de aHY rellliests fer iHfermatisH seeesslll')' fer 
~ 
Licenses may be renewed up to 90 days after the date of expiration upon payment of a 
by which a lieesse iH an inactive status license may be reaetivated reinstated. Rules 
late fee ef$W in addition to the renewal fee as set under section 13859. Any person who 
adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 
submits an application for renewal more than 90 days after the license renewal date shall 
375, subchapter II--A 2-A. 
be i.§ subject to all requirements governing new applicants under this chapter, except that 
,(if 
PART FF 
Sec. FF-l. 32 MRSA §13902, as amended by PL 1995, c. 397, §115, is further 
amended to read: 
§13902. 
Board of Licensure for Professional Land Surveyors; establishment; 
compensation 
1. Establishment and membership. As established in Title 5, section 12004-A, the 
Board of Licensure for Professional Land Surveyors shall el(ist exists within the 
Department of Professional and Finanoial Regulation department. The board shalleonsist 
consists of 7 members appointed by the Governor, of which 5 shatl must be professional 
land surveyors and 2 shatl must be public members as defined in Title 5, section 12004-
II 
A. Each member of the board shatl must be a eitizen of thB United gtatBs and a resident 
of this State, and all land surveyor members shatl must be licensed professional land 
surveyors and shatl must have been licensed as professional land surveyors for net--less 
than at least 10 years. A pUBlie mBmBer may not Be or have BBen a professional land 
surveyor. 
2. 
Terms of appointment; removal. 
Appointments are for 5-year terms. 
Appointments of members must comply with Title 10, section@ 8009. 
The Governor may remove a member of the board for cause. 
4. Meetings; chair; quorum. The board shall meet at least once a year to conduct 
its business and to elect its offieers a chair. Additional meetings shatl must be held as 
necessary to conduct the business of the board and may be convened at the call of the 
chair or a majority of the board members. Four members of the board constitute a 
quorum. 
ThB BOara shal! eleet or appoint annual!) a ohair, a vioB ohair and a SBoretary. A quorum 
of the Board shal! eonsist of not less than 4 memeers. The eoard may aaopt aHa have an 
offieial sea!. 
Sec. FF-2. 32 MRSA §13903, sub-§l, as enacted by PL 1989, c. 346, §3, is 
amended to read: 
I'. Powers. The board shall administer and enforce this chapter and evaluate the 
qualifications of applicants for licensing. 
The Board may 61(amine witnesse;; and 
administer oaths and sha!! in'{estigatB or 6ause to Be ilwestigated any eOIHfllaints made to 
it of any eaSBS of non eo mplia nee with or '{iolations of this ehapter. 
Sec. FF-3. 32 MRSA §13903, sub-§3, as enacted by PL 1989, c. 346, §3, is 
repealed. 
Sec. FF-4. 32 MRSA §13903, sub-§6, as enacted by PL 1989, c. 346, §3, is 
repealed. 
Sec. FF-5. 32 MRSA §13904, sub-§2, as enacted by PL 1989, c. 346, §3, is 
amended to read: 
I 
2. 
Individual licenses. Only an individual may be licensed under this chapter, 
except that a firm, partnership, corporation or joint stock association may practice or offer 
to practice land surveying as long as the practice of land surveying is performed by 
professional land surveyors licensed in this State. 
Sec. FF-6. 32 MRSA §13904, sub-§3, as enacted by PL 1989, c. 346, §3, is 
amended to read: 
3. Penalty. A person who violates this section is guilty of a Class II erime subject to 
the provisions of Title 10, section 8003-C. 
Sec. FF-7. 32 MRS A §13905, sub-§l, ~F, as amended by PL 1991, c. 509, §40, 
lOis repealed. 
II 
Sec. FF-S. 32 MRSA §13905, sub-§l, ~G, as amended by PL 1991, c. 509, §40, 
is repealed. 
Sec. FF-9. 32 MRS A §13905, sub-§2, ~C, as enacted by PL 1989, c. 346, §3, is 
repealed. 
Sec. FF-IO. 32 MRS A §13905, sub-§2,~, as enacted by PL 1989, c. 346, §3, 
is repealed. 
Sec. FF-l1. 32 MRS A §13907, first~, as amended by PL 2005, c. 262, Pt. C, 
§2, is further amended to read: 
The board shall issue a license, upon payment of a retJ:ffired fee as set under section 
13910-A, to any applicant who, in thB opinion of the board, has satisfactorily met the 
requirements of this chapter. The license authorizes the practice of land surveying. 
Sec. FF-12. 32 MRSA §1390S, as amended by PL 2005, c. 262, PI. C, §3, is 
further amended to read: 
§13908. Term of license 
1. License renewal. 
A license expires on the date set by the Conunissioner of 
Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for 
the licensing period for which the license was issued. A renewal license is issued for 
each ensuing licensing period in the absence of any reason or condition that might 
warrant the refusal to grant a license, upon receipt by the board of the written request of 
the applicant and the retJ:ffired fee for the license as set under section 13910-A and upon 
the applicant's presenting evidence of compliance with the requirements of section 13908, 
subsection 4. 
Licenses may be renewed up to 90 days after the date of expiration upon payment of a 
late fee as set under section 1391 O-A in addition to a rBEJuir68 the renewal fee as set under 
section 139JO-A. Any person who submits an application for renewal more than 90 days 
after the licensure renewal date is subject to all requirements governing new applicants 
under this chapter, including a late fee, renewal fee and tHffig additional late fee as set 
under section 13910-A, except that the board may waive examination, giving due 
(1) 
Credit may be earned by membership and participation in surveying 
consideration to the protection of the public. 
organizations as follows. 
2. Refusal ta reRe", lieeRse. The heare shall heM aR aejlleieatery heariRg at the 
(a) Membership in a surveying organization entitles the licensee to one 
writtE!f! reEltlest af any persall 'IIrfle is eE!f!iee a lieE!f!se withem a heariRg fur ;m:,' reaseR 
credit hour. 
ethef than failtlre te pa~' a re!ttiiree fee, pre'lieee the re!ttiest fur heariRg is reeeiveehy tHe 
hearEI witmR 3(:) ea;<s ef the Bflfl\ieaat's reeeiflt ef writtE!f! Retiee ef the eeRial and the right 
ef the applieant te reElliest B hear'oftg. HeariRgs shall he eeRdtietee iR eeRfurmity witH tHe 
(b) Holding a leadership position in a surveying organization entitles the 
licensee to an additional credit hour per biennium. 
MaiRe AeHliRistrati¥e Preeedtlre Aet, Title 5, ehepter 375. Te the exteHt 8f!j'llieaBle, the 
(c) Active participation in an active committee of a surveying organization 
aaarEI may stl~eeRa witResses, reeeres and eeelHBeRts iR aRY heariag it eeRdtiets. 
entitles the licensee to an additional credit hour. 
3. Exemptions from expiration and renewal fees. Any person holding a valid 
license under this chapter on the date of entering employment in the Armed Forces of the 
(d) Chairing an active committee of a surveying organization entitles the 
licensee to an additional credit hour. 
United States during a period of war or employment in any wartime service outside the 
(e) Attendance at a minimum of 50% of the general membership meetings 
continental United States or any of its allied nations shall-be ~ exempt, for the duration of 
of a surveying organization entitles the licensee to an additional credit hour. 
that employment, from the payment of all renewal fees and that person's license shaJ.I 
remaffi remains in effect until the next regular expiration date following the termination 
ofthat employment. 
(2) The licensee is entitled to 1 credit hour for membership in other associations, 
societies, boards or clubs related to a subject matter described in paragraph A. 
(3) A licensee is entitled to one credit hour for each article, column or other 
significant work relevant to subject matter described in subsection 4, paragraph A 
that is published in a professional journal, magazine or other similar publication. 
Credit hours for works written by multiple authors must be divided pro rata. 
The board may waive requirements of this subsection in cases of undue hardship and may 
accept for credit worthy professional development activities as determined by the board 
4. Continuing education. An applicant for license renewal as a professional land 
surveyor shaJ.I must present evidence of having completed 12 hours of professional 
development in the previous biennium. This subsection does not apply to a person 65 
years of age or older who practices less than 160 hours a year. Credit for development 
hours may be earned as follows. 
A. 
At least 6 hours must be in courses in surveying practice or in courses in at least 
not specified in this subsection. The board shall adopt any rules necessary to implement 
one of the following areas: 
this subsection. 
(1) General business administration or management; 
The pfeYisieRs eftHis sliaseetieR fflHSt ae re~'iewed By thejeiRt stBHSiRg 6emmittee efthe 
(2) Land use regulation; 
Legislatlife hayiRg jmissietieR e~'er BHsiRess legislatien matters B~' Mareh I, 1999. 
(3) 
Other related land use fields, including, but not limited to, civil or 
Sec. FF-13. 32 MRSA §13909, as enacted by PL 1989, c. 346, §3, is repealed and 
environmental engineering, site evaluation for septic system design, soils, 
the following enacted in its place: 
landscape architecture, geology, forestry, title examination and insurance, and 
other legal issues related to real estate; 
§13909. Denial or refusal to renew license; disciplinary action 
(4) Computer application skills or programming; 
The board may deny a license. refuse to renew a license or impose the disciplinary 
(5) Communication, including, but not limited to, speech and technical writing; 
or 
sanctions authorized by Title 10, section 8003, subsection 5-A for any of the reasons 
enumerated in Title 10, section 8003. subsection 5-A. paragraph A. 
(6) Other subject matters the understanding of which appreciably aids a land 
PARTGG 
surveyor in the performance of professional duties. 
B. 
One hour of professional development may be earned for every 900 hours of 
Sec. GG-l. 32 MRSA §14003, as enacted by PL 1999, c. 185, §5, is amended to 
read: 
survey practice during the past biennium and one hour may be earned for each 3 
years of full-time surveying practice as a registered or licensed surveyor during the 
§14003. License required 
time preceding the past biennium. 
C. 
The applicant may acquire professional development credit through the 
following professional activities. 
Except as provided in section 14004, it is unlawful for a person to prepare, for a fee 
or other valuable consideration, an appraisal or appraisal report relating to real estate or 
real property in this State without first obtaining a real estate appraisal license. Only an 
individual may be licensed under this chapter. This section does not apply to individuals 
who do not render sign;Tlcant professional assistance in arriving at a real estate appraisal 
analysis, o~ini0n or conclusion. Nothing in this chapter prohibits any person who is 
licensed to practice in this State under any other law from engaging in the practice for 
Sec. GG-4. 32 MRS A §14012, sub-§l, as enacted by PL 1999, c. 185, §5, is 
repealed. 
which that person is licensed. 
Sec. GG-S. 32 MRSA §14012, sub-§2, as enacted by PL 1999, c. 185, §5, is 
Sec. GG-2. 32 MRSA §14006, as corrected by RR 2001, c. 1, §42, is amended to 
repealed. 
read: 
Sec. GG-6. 32 MRSA §14013, as amended by PL 1999, Co, 687, Pt. F, §IO, is 
§14006. Violation 
repealed. 
A person who violates any-}lffivision of tHis SHapter for wHieh a penalty has not Been 
Sec. GG-7. 32 MRSA §14014, as enacted by PL 1999, c. 185, §5, is repealed. 
pressribed solI1Hlits-a-ffi¥H.·~iBn-ffir.wflieh. a forfeiture of not more than $1,000 rnay 
be adjudged section 14003 ~ 
subj ect to the provisions of Title 10, section 8003-C. +he 
Sec. GG-S. 32 MRSA §14014-A is enacted to read: 
State may bring astien-in Superior Court-t&-enjoin a person from violating this ehapter, 
regardless of '""hether other administrative, civil .. tT--criminal proeeedings have Been or 
§14014-A. Denial of or refusal to renew license; disciplinary action 
may-be instiruted. 
In addition to the grounds enumerated in Title 10, sectio!) 8003, subsection 5-A, 
Sec. GG-3. 32 MRS A §14011, as enacted by PL 1999, c. 185, §5, is amended to 
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:. 
rcad: 
1. Lack of trustworthiness. Lack of trustworthiness and competence to conduct 
§14011. Board of Real Estate Appraisers; establishment 
J 4 
real estate appraisal activity in a manner that safeguards the interests of the public; 
1. Establishment. The Board of Real Estate Appraisers is established within the 
2. Misconduct. The commission of an act or omission in the practice of real estate 
department pursuant to Title 5, section 12004-A, subsection 9-B and shaH carry out the 
purposes of this Act. 
appraising that constitutes dishonesty, fraud or misrepresentation with the intent to 
benefit the licensee or another person or with the intent to injure another person; 
2. Members. The board consists of 7 members appointed by the Governor. Each 
member must be a eitizen of the United States and a resident of this State. The board 
consists of: 
3. Court judgment. The t;,!J..!!:LQf-.E_final ciyi~or cri!l1in~.I.Jllgg!Ile!lL~Mi"2.L~ 
licensee on grounds of fraud, misrepresentatlOn or q",;giLinlhe makirlg of al) .£.m::mi.~lll...QX 
real estate; 
A. 
Two public members as defined in Title 5, section 12004-A; and 
4. Unauthorized payment. Payment_of a tinder's fee oI.l!..r"'f(,rralJee~QersOll 
B. 
Five members who hold valid appraiser licenses, including at least one member 
who holds a certified general license. 
who does not have an appraiser license In this State m conn",,-ctiog Willl..E)]YJ2;?Iaisa.L~'J 
real estate or real property in this State; 
3, GeogFOphie distribution. The Governor, in malting appointments, shall eonsider 
5. Misrepresentation of professional qualifications. Making aJalse or ulisi<;l1£liug 
the desiraBility of having a Broad geographie distribution of representation. 
statement in that portion of a written apprai§.l!L~J:.LJ.hat ..Qeals with_rrQ[~§l£'1~: 
4. 
Terms; removal. 
Terms of the members of the board are for 3 years. 
qualifications or in any testimonv concerning professional gualifica.l1ons; 
Appointments of members must comply with Title 10, section 8009. Members may be 
6. Predetermined appnisal result. Accepting a fee for performing an indepClldem 
removed by the Governor for cause. 
appraisal service when.Lin fact, the fee il>..QUV3S co.lli.illR~nt U.pQIUL19JlP.ill.g.ig:f~I:m~T.'.'ll6 
a predetermined anab'&'<;,. opinion or conclusion or is O[2-y:'as c.Q@!!gt.cgt uporu.h.,· :!l]£.L!.~lli, 
opinion, conclusion or valuatio!1 reache..Q...QI..ill?on th~col1i1.';9.uSnc~~ resultilli1 .. jt<:~:n.!l~ 
rumraisal assignment; 
5. Meetings; chair; quorum. The board shall ooid meet at least 4 regular meetings 
eaBh once a year to conduct its business and to elect a chair. Additional meetings fIla;' 
must be held tIJ*lfl as necessary to conduct the business of the board and may be 
convened at the call ~!jJon the written request of 2 of the chair or a majority of the 
7. Lac!u1f diligel!ce. F'\ilure or Lcfus.?l. wi!l:l..Qut good £1!J±~,J::,.g:ercj<;rJ'~~~X;,<iJ)h .. 
board members. A-majBrity-Bf.-.tfle Four members of the board eonstitutes constitute a 
quorum ffiHhs transaction ofbusin8s~er tbis Aot. 
----
Qiligence in developing an apP1:ajs.i!L..I1reparing_'ln..ill2l'!:.~sal !eJ)5!tQi'_con)'Qlt!m~§J;TJg 'i.n 
rum.raisal; 
~sT--Th~rd 
shall annually eleet a chair and other offioers as it 
8. Negligence or incoIl]petence,--_tJrg).i~?J.~_'2!:.j,!:i-"9rr~!~~:}£':J<;:,::c.i.!l. ,t~.Y~h~·1.)jXS._2I\ 
detemlines Ilec~ 
appraisal, pr.tmaring an aPlllil.isalxeport.Ql.~91mEI,)J'iQ'1Ii.!.\gl!g<1Pl!.ral~i.): 
I 
9. Breach of confidentiality. A violation of the confidential nature of individual, 
business or governmental records to which a licensee or applicant gained access through 
employment or engagement as an appraiser; 
I 
13. Trainee. "Trainee" means any person who is-registered with the beard-aftd, 
under the direct supervision of a person licensed under this chapter in the same category 
as the training performed and in accordance with board rules, is engaged in learning and 
10. Suspension or revocation of license. Having had a professional or occupational 
acquiring a knowledge of the practice of: 
license suspended or revoked for disciplinary reasons or an application rejected for 
A. Cosmetology; 
reasons related to untrustworthiness within 3 years prior to the date of application; and 
B. Barbering; 
C. Aesthetics; or 
D. Manicuring. 
11. 
Failure to meet professional qualifications; failure to submit complete 
application. Failure to meet the professional qualifications for licensure as provided in 
this subchapter or failure to submit a complete application within 30 days after being 
notified of the materials needed to complete the application. 
Sec. HH-3. 32 MRSA §14203, sub-§2, as amended by PL 1997, c. 210, §§18 to 
II 
Sec. GG-9. 32 MRSA §14021, sub-§S, as enacted by PL 1999, c. 185, §5, is 
and PL 2003, c. 689, Pt. B, §6, is further amended to read: 
amended to read: 
II 
2. Exceptions. The practice of cosmetology, barbering, aesthetics or manicuring 
may be carried on only by persons duly licensed to practice in this State and only in an 
establishment licensed by the board, except as provided in tllis subsection. Duly licensed 
persons may practice their respective practices: 
5. Reputation. The applicant must have a good reputation for honesty, truthfulness, 
fair dealing and competency. 
The ftl6smmeRdatisR sf applicant shall furnish 
IS 
recommendations from at least 3 persons not related to the applicant who ha¥e 
A. On patients in hospitals or nursing homes; 
B. On residents of summer camps; 
aelrns, .... leagea befefe a Rsta£)' plolblis tkat tkey have known the applicant for at least one 
year immediately preceding the date of the application and by their signature attest that 
the applicant has such a reputation SFeatee a felmttal:Jle afeSloIHII3tisR taat tae aealieaRt 
esete tkat @alifieatisft. 
C. On inmates or residents of institutions of the Department of Health and Human 
Services; 
D. On invalids or handicapped persons in those persons' places of residence; 
Sec. GG-I0. 32 MRSA §14023, as enacted by PL 1999, c. 185, §5, is repealed. 
E. On residents of nursing homes; 
Sec. GG-ll. 32 MRSA §1402S, 2nd ~, as amended by PL 2005, c. 262, Pt. D, 
§4, is further amended to read: 
F. On hotel or motel occupants in their hotel or motel rooms; 
G. On persons in their residences; 
The board shall deny a renewal license to any applicant whose license has lapsed for 
more than 90 days; unless the applicant satisfies the provisions governing new applicants 
under this subchapter, except that the board may waive the education and examination 
H. On persons in their private businesses; and 
I. On human remains in licensed funeral establishments. 
requirements for new applicants; if the renewal application is received, together with a 
late fee, renewal fee and HIffig additional late fee as set under section 14012-A, within 2 
years from the date of that expiration. 
The el(8eptiSftS listed ift tflis suBseetiSft ds ftst peffllit the pf!letiee sf aaffleAftg, 
6sseetslsi!'\'. Hlaftie1:lAfte Sf aestaetiss ift fesd estal:Jlisllments Sf fesd af8Baf!ltisft Meas. 
Sec. GG-12. 32 MRSA §14026, as enacted by PL 1999, c. 185, §5, is repealed. 
Sec. HH-4. 32 MRSA §14204, 2nd ~, as amended by PL 1997, c. 210, §21, is 
Sec. GG-13. 32 MRSA §14029, as enacted by PL 1999, c. 185, §5, is repealed. 
further amended to read: 
PARTHH 
The board shall adopt rules for the qualification and examination of applicants for 
licensure as instructors of barbering Elf. cosmetology, aesthetics or manicuring in 
Sec. HH-l. 32 MRSA §14202, sub-§10-A is enacted to read: 
accordance with Title 5, chapter 375, subchapter II~, 
10-A. School. "School" means a school or learning institution where a program of 
Sec. HH-S. 32 MRSA §14204, 3rd~, as amended by PL 1999, c. 386, Pt. U, §1, 
study in cosmetology, barbering, aesthetics or manicuring or the instruction of 
is further amended to read: 
cosmetology, barbering, aesthetics or manicuring is offered or taught. 
Upon satisfactory completion of an instructor examination, the applicant must pay a 
Sec. HH-2. 32 MRSA §14202, suh-§13, as renumbered by RR 1993, c. 2, §35, 
the fee as set under section 14238 to be authorized to instruct. 
is amended to read: 
i 
~ :.. . 
Sec. HH-6. 32 MRSA §1420S, as amended by PL 1993, c. 630, Pc B, § 14 and PL 
1999, c. 547, Pc B, §78 and affected by §80, is further amended to read: 
§14205. Violations 
1. Penalties. A person commits a Class E crime is subject to the provisions of 
section 14236-A and Title 10, section 8003-C if that person: 
A. Practices barbering, cosmetology, manicuring or aesthetics in this State without 
having obtained a license as provided by this chapter; 
B. Employs a person to practice barbering, cosmetology, manicuring or aesthetics 
who does not have a license, unless that person is a trainee within the meaning of this 
chapter; or 
C. Falsely professes to be qualified to practice barbering, cosmetology, manicuring 
or aesthetics under this chapter. 
2. CeuFt Retien. THe State may aring an -ootion in Superior Cmut to enjoin any 
person from violating tHis sHapter, regafdless of wHetHer prooeedings Ha'le aeen or may 
b& instituted ffi-.tHe-lJtstriet-Ceurt- or wHetHer criminal proceedings Ha,'e aeen or may ae 
inst-iMeth 
Sec. HH-7. 32 MRSA §14211-A, as amended by PL 2005, c. 235, §§5 and 6, is 
further amended to read: 
§1421l-A. Board 
1. Membership. The Board of Barbering and Cosmetology, as established by Title 
5, section 12004-A, subsection 6, consists of 8 members appointed by the Governor. 
Two members must be Fl!jlr8sentati ... es of the public members 8S defined in Title S. 
section 12004-A; 2 must be licensed and practicing cosmetologists; one must be a 
licensed and practicing barber; one must be a licensed instructor that has at least 3 years 
of instructing experience and no current affiliation with any school currently licensed in 
the State; one must be a licensed and practicing manicurist; and one must be a licensed 
and practicing aesthetician. 
2. Term. Appointments are for 3-year terms and must comply with Title 10, section 
@ ~009. A member may be removed by the Governor for cause. 
3. Qualifications. Each member of the board must be a eitizen of tHe United States 
aad-a resident of this State. The cosmetologist and barber members must be currently 
licensed by the State and have .engaged in active practice of their profession for at least 4 
years immediately prior to appointment. The eosmetologist and aaraer memaers must 
hold ... alid lieenses and must be aetively engaged in tHe practiee of eosmetology or 
baroering WHile seR·iRg OR IRe board. 
4. Meetings; chair; quorum. The board shall meet at least once a year to conduct 
its business and to elect a chair. Additional meetings may must be held as necessary to 
conduct the business of the board and may be convened at the call of the chair or a 
i " 
I 
majority of the board members. 
A--majBrity EiY.c;....members of the board eoo;;+itme& 
constitute a quorum for all purposeG. 
Sec. HH-S. 32 MRSA §14212, as amended by PL 200 J, c.. 599, §2, is further 
amended to read: 
§14212. Powers and duties 
The board has the following powers and duties, in addition to those oth"p;" e set 
forth in this chapter. 
1. Board to administer, coordinate and enforce. The board shall administer, 
coordinate and enforce this chapter, l!!1.J! evaluate the qualifications and llHpBf¥}se illl..PL0ve 
the examinations ef taken by applicants for licensure under this chapter lIHd,-at--itfl 
II 
discretion, in'iestigate RllegatioflB of~eflat3tI!f. T~ffi:d-sOO~{)fl 
_~mte&-as neeessary to tHe 'M4ffiary-etHpatelrclits-fu,ootic;fl&: 
A memaer of tHe aoard or adejJartment elnployetHllay-1ffit!.'l'·-i1!-ld-mak6--t~TI€ 
~on 
of any liseased estaalishmeat during am;~ltffiIr&·-for--l:.lle-IJU~<tf· 
IS 
aseeruH-ning wHetHer or not this chapter and board Riles are aeing OaliePieEh 
2. 
Rules. The board shall adopt, in accordance with the Moine Admmistrati ve 
Procedure Act, rules necessary to carry out the purposes of this chapter. 
The rules must address, but are not limited to, the following: 
A. The proper use of appliances, apparatus, and electrical and nonelectrical machines 
used in connection with the practice of cosmetulogy, barbering, manicuring and 
aesthetics; 
B. Construction and safety of establishments; 
C. Reasonable requirements, including sanitary and safety standards, to govern the 
practice of cosmetology, barbering, manicuring and aesthetics within licensed 
establishments as well as for persons practicing outside of licensed establishments as 
authorized by section 14203; and 
D. Requirements for licenses consistent with this chapter. 
A copy of these rules must be kept posted in a conspicuous place within licensed 
establishments so as to be easily read by customers. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chwer 375...£hlbclm.R.lfr 2-A. 
J. HeRFiRgs. Hearings may ae condHeted ay tHe aoard to assist wi-tfl-.in>re5tigations, 
to determine wHetHer grounds ellist fer SHspension, re'ioeation or aeRial sf-a-l-ieense, OF as 
tHe aoard etHeRvise determines neeessal"Y to fulfill its responsibiliHe&-UfHIeF-iltffi.-&!tapter, 
THe board may not refuse to renew a lieense for any reason otHer than fuiffire-ffi-pa;'-~ 
reEjuired fee, unless it Has affordee tHe lieensee an opportu-nii-y-·-JI*··<lfH\~y 
Rearing. The aeard shall Hold an aejHdieatory Hearing at tHe writter. re'l'-'-e~~&OH 
WRO is deRied a lieense witHoHt Hearing for any reason otHer tHan fililHre l~:t-FeilHffi:;a 
fee, as long as the reljliest for Hearing is reeeived by tHe aoard .. -witlHn--;w.4ays--e4'-tf~ 
applisant's reeeipt of >;,flitten notiee of tHe denial of the applieat-ifm;-4l'te-f'~1'--l+le 
II' 
I I 
aeaial aaa tae right ts reEtUest a aeaFiag. Heariags IfI\:!st he esaauetea ia esafeffflity with 
the Maiae Aamiaistrati\'e Prsseaure Am, ts tae eltteat apfllisaale. 
The asara fflay 
suallseaa witaesses, reBsres aaa assuffleats ia aH;' aeariag it esaausts. 
4. Diseases. A person who has a communicable disease may not give service to 
members of the public, including service within licensed establishments or schools 
licensed by the board. The board has the right to require the physical examination of any 
person who is suspected of having any communicable disease. Failure to submit to such 
an examination is grounds for suspension or revocation of the person's registration, 
certification, permit or license. 
6. ReJlOFts. Tae aSaFa shall submit ts the esfl1ffii~sisaer: ~s later Ihaa Au~st I st sf 
eaea year, aa aflflual rellsrt sf its sfleratisas afla HaaBelal flsslhsa fer the llr~Bealflg Hseal 
year eaaiag JURe 30ta, tsgetaeF 'Nita tasse BOfflffleats aaa Fe60fflm8flaatJoas taat tae 
aoara eetefffliaes esseatial. 
8. 
COfflplaints. 
Tae hoara shall iayesligate sr eause 10 ae iayestigatea all 
60fflj'llaiats fflaae oa its OWH fflotioa or oa wFittea eOfflfllaiat filea with the aOaFa aaa all 
eases ef aoneofflj'llianee wita or violation of tais eaapter or aay rules aaofltea a)' tae 
beaT&. 
9. OffieeFs. Tae hoara saall eleet annually from afflong its fflemhers a eaair "iee 
eaa~r ana otaer offieers as it aetermiaes neeessar)'. The hoard saall aflfloiat a fle~~fI to 
sep, e as eempialat effieer. 
11. 
Inspections. The board or its agents shall conduct random inspections of 
licensed establishments and booths as considered necessary for compliance with the 
applicable requirements of this chapter and the applicable rules of the board adopted 
pursuant to this chapter. 
A member of the board or a department employee or 
representative may enter and make reasonable examination of any licensed establishment 
during business hours for the purpose of ascertaining whether or not the provisions of this 
chapter and board rules are being observed. 
Sec. HH-9. 32 MRSA §14213, as enacted by PL 1991, c. 397, §6, is repealed. 
Sec. HH-I0. 32 MRSA §14224, as amended by PL 1999, c. 386, Pt. U, §2 and 
PL 2003, c. 689, Pt. B, §6, is further amended to read: 
§14224. General provisions; licenses 
1. Practice; license required. A person may not practice cosmetology, barbering, 
manicuring or aesthetics in this State unless that person has first obtained a license as 
provided in this chapter or unless that person is acting within the scope of employment as 
a trainee. 
2. Operation of shop; license required. A person, firm or corporation may not 
provide services in, operate or cause to be operated a shop where cosmetology, barbering, 
manicuring or aesthetics is practiced unless that shop has been duly licensed by the board. 
A license issued pursuant to this subsection authorizes the operation of the establishment 
only at the location for which the license is issued. Operation of the establishment at any 
.. 
'I 
I 
'II I ',I 
other location is unlawful unless a license for the new location has been obtained in 
compliance with this chapter and applicable board rules. 
The board shall furnish to each licensed cosmetologist. barber, manicurist or aesthetician 
a license certifying that the holder of that license is entitled to practice in this State. The 
licensee shall post the license in a conspicuous place where it may be readily seen and 
read by all persons served. The reproduction, altering or defacing of any license is 
prohibited. 
Booths attached to or within a licensed shop that are operated independently are subject 
to licensure, fees and applicable rules in the same manner as independent shops. The 
board may establish rules for the operation of booths. 
Shop licenses are issued oa July 1st aHa must be renewed biennially unless otherwise 
provided by the commissioner. The renewal fee is flayaele te tae aoara set under section 
14238. 
The exceptions listed in section 14203, subsection 3 do not permit the practice of 
cosmetology, barbering, manicuring or aesthetics in food establishmeqts or food 
preparation areas. 
2-A. Operation of tanning device; public access, An establishment in which a 
tanning device as that term is defined in rules adopted by the Department of Health and 
Human Services is operated on the effective date of this subsection is not required to 
partition off the working area of the establishment or maintain a separate entrance in 
order to provide public access to the tanning device. If such an establishment undergoes 
a material alteration or adds more tanning devices, then the establishment may be 
prohibited from providing public access to the tanning device through the working area. 
2-B. Change of ownership; change of location. The owner of a new shop is 
required to apply to the board for licensure of that shop. The owner of a licensed shop 
that undergoes a change in location is required to reapply to the board for licensure. The 
owner or owners of a licensed shop that undergoes a change in ownership shall notify the 
board within 7 days of the change. If a shop has more than one owner and the change in 
ownership results from the death or divorce of one of the owners, the notice must be 
provided to the board as set forth in subsection 2-C. Whenever there is a change of 
ownership, the shop license is valid for 30 days from the transaction date to allow the 
new owner to comply with this section. 
2-C. Ownership changes resulting from death or divorce of an owner, If a 
licensed shop has more than one owner and ownership changes as a result of the death or 
divorce of one of the owners, the board shall reissue the license for the remaining license 
period as long as a remaining owner is named on the existing license and the board is 
notified within 30 days of the divorce decree or the date of death. A shop license is valid 
for 60 days following the death of the person in whose name the shop is licensed. 
2-D. Special inspections. A shop that requires a special inspection, such as a new 
shop or a shop that changes location or ownership, may be assessed a separate inspection 
fee. 
! ' 
3. Trainee. A trainee cosmetologist, barber, manicurist or aesthetician registered 
I 
eKamiaatioa witma oae year from the applisaat's first eKamiaatioa may take aaother 
licensed pursuant to section 14232 may not independently conduct a practice but may, as 
eKamiaatioH at a time and Iffider the soaditioas that the board determiaes. 
a trainee, do any or all acts constituting the practice under the immediate personal 
supervision of a person duly licensed and approved by the board in a licensed shop. GftIy 
OHe traiHee may be employed iH an)' liseHsed shop at any time. 
Sec. HH-14. 32 MRSA §14228, sub-§4, as amended by PL 1997, c. 210, §§33 
and 34, is further amended to read: 
4. Student license required. A student enrolled in the study of cosmetology, 
barbering, manicuring or aesthetics must be registered licensed with the board pursuant to 
section 14233. 
4. Examination. Has satisfactorily passed an examination approved by the board in 
subjects the board considers necessary to determine the fitness of the applicant to 
practice. The board shall !!illY establish the passing score for all examinations. 
B. 
Within 90 days of notification of passing an examination, the applicant must pay 
a the fee established b~' the board as set under section 14238 to receive a first license. 
The first liaMse is valid IiHtil tHe HtlKt rMe'lI'al perios. The boars has the allthority to 
A person who violates this section is subject to the provisions of section 14236-A and 
Title 10, section 8003-C. 
waive the 9(:) day time period fer tlKtMlIatiag 6ir611mstaH6es. If Hot slleeessful, the 
applieaat may taiEe SlIBSe!!lleRt eKamiHatioas held withia a period of OHe year from 
Sec. HH-ll. 32 MRSA §14225, first " as enacted by PL 1991, c. 397, §6, is 
amended to read: 
the date of the appli6aat's first eKamiHatioH. J\ny applisaRt who fails to pass an 
The board may, subject to section 14112, adopt rules authorizing the issuance of 
eKamiHatioH withiH oHe year fFOm the applieant's first ellamiHation may talEe aHother 
special mobile shop licenses, including requirements for mobile shops, locations for these 
eKamiHatioa at a time ansllader the sOHditioHs that tAe board determiHes. 
shops and any other rules that the board considers necessary. The fee for a special mobile 
shop license is set under section 14238. 
Sec. HH-15. 32 MRSA §14229, sub-§4, as amended by PL 1997, c. 210, §§36 
and 37, is further amended to read: 
Sec. HH-12. 32 MRSA §14226, sub-§4, as amended by PL 1997, c. 210, §§25 
and 26, is further amended to read: 
4. Examination. Has satisfactorily passed an examination approved by the board in 
subjects the board considers necessary to determine the fitness of the applicant to 
4. Examination. Has satisfactorily passed an examination approved by the board in 
practice. The board shall !!illY establish the passing score for all examinations. 
B. 
Within 90 days of notification of passing an examination, the applicant must pay 
a the fee established by the Board as set under section 14238 to receive a first license. 
subj ects the board considers necessary to determine the fitness of the applicant to 
practice. The board shall !!illY establish the passing score for all examinations. 
The first liseHse is yalisliRtil the HelEt reHewal period. The board has the authOrity to 
waive the 9(:) say time period fer elEteHUatiHg eireumslaHees. If Hot sllseessful, IAe 
B. Within 90 days of notification of passing an examination, the applicant must pay 
a- the fee established by Ihe board as set under section 14238 to receive a first license. 
The first lieeHse is valid until the nelEt rene'Nal period. The board has the authority to 
applieant may take slibseEtlient tllEamiHations held 'NitaiH a period of OHe year fFOrn 
the date of the applieant's first eKamination. Any applieant viho fails to pass aH 
eKamiHatioH 'NitAiH oHe year from tRe applieaHt's first eKaminatioH may take another 
eKamiHatioH at a time aHd Iffider the eOHsitioHs that the board deterrniHes. 
'Nai'le the 9(:) day time period fer 6lEtenuating eireumstanees. If not sueeessful, the 
applieaRt may lake subseEtuent eKaminations held within a period of one year from 
the date of the applieant's first elEarnination. 
An applieant who fails to pass an 
elEarnination within one year fFOrn the applieant's first eKamination may taiEe another 
elEaminatioH at a time and under tae eonditioHs that the board determines. 
Sec. HH-16. 32 MRSA §14229-A is enacted to read: 
Sec. HH-13. 32 MRSA §14227, sub-§4, as amended by PL 1997, c. 210, §§29 
§14229-A. First license; reexamination 
and 30, is further amended to read: 
Within 90 days of notification of passing an examination, the applicant must pay a 
4. Examination. Has satisfactorily passed an examination approved by the board in 
subjects the board considers necessary to detennine the fitness of the applicant to 
practice. The board shall !!illY establish the passing score for all examinations. 
fee as set under 14238 to receive a first license. The first license is valid until the next 
renewal period. The board has the authority to waive the 90-day time period for 
extenuating circumstances. If not successful, the applicant may take subsequent 
examinations held within a period of one year from the date of the applicant's first 
B. 
Within 90 days of notification of passing an examination, the applicant must pay 
examination. An applicant who fails to pass an examination within one year from the 
a the fee establisAed by tHo board liS set under section 14238 to receive a first license. 
applicant's first examination may take another examination at a time and under the 
ThB first lisBnsB is ' .. alid lIH1il the nellt reHevial period. The board has the authority to 
conditions that the board determines. 
waive the 9(:) day time period fer el(tenuatiflg eirsulHstanees. If not suesessful, the 
~HI 
may lalEB subseEtllBnt BlEaminations hBld within a period of one year frolH 
Sec. HH-17. 32 MRSA §14230, as amended by PL 1997, c. 210, §38, is further 
the datB of the applieant's first elEaminatioH. /\ny applieaHt , .... ho fails to pass an 
amended to read: 
§14230. Temporary permit 
If an applicant to practice cosmetology, barbering, manicuring or aesthetics qualifies 
for examination, the board may issue to that applicant a permit to practice under the direct 
supervision of a qualified supervisor, as determined by board rules, within a licensed 
shop. The applicant must pay ~ 
the fee in an amolint estaBlishea by tHe boara ill! 
set under section 14238. A permit expires 6 months from the date of issuance and is not 
renewable. The applicant is not considered a trainee. 
Sec. HH-18. 32 MRSA §14231, as amended by PL 1993, c. 287, §1, is further 
amended to read: 
§14231. Endorsement 
II 
The board sflafl: !lli!Y waive the examination and grant a license to any applicant who 
presents proof of being authorized to practice by another state or other jurisdiction of the 
United States or another country that maintains professional standards considered by the 
board to be equivalent to or higher than those set forth in this chapter, as long as no cause 
exists for denial of a license under section +4m 14236-A. Such an applicant must pay 
the fee as provided in section 14238. 
Sec. HH-19. 32 MRSA §14232, as amended by PL 1993, c. 630, Pt. B, §23, is 
further amended to read: 
§14232. Trainees 
1. License. Each trainee must submit an application for registration licensure to the 
board on a furm pressribea ana sHJlflliea by the boars. 
The application must be 
accompanied by a registration fee ill! set by the boars under section 14238. 
The 
registration license for each type of training expires as indicated below. 
A. 
A cosmetology trainee registration license expires 18 months from date of 
issuance. 
B. A barber trainee registration license expires 18 months from date of issuance. 
C. A manicurist trainee registration license expires 6 months from date of issuance. 
D. 
An aesthetician trainee registration license expires 12 months from date of 
issuance. 
THe board SHall furllisH to eaeh registeres trainee a trainee registration. 
A trainee 
rogistration is renewable l:IJlon payment of the registration fee. The registration Ifllist be 
sisplayes as provises fur IiseflSes in seetion 14233'. The term "trainee" Ifllist I!jlpear in 
sonsJlieuous Jlrint UJlon tHe registration. To obtain a Iieense, a trainee, UJlos eompletios 
of the reE[uirea trainisg is aeoordasse witH tRis shaJlter, must file applisatioR for 
e*amisation at tHe nel,t el,amiRatioR hels by tHe boars. 
2. Filing with the board. Before beginning training, a trainee must file with the 
board: 
A. The employer's name, shop name and address; 
.... 
* 
B. The date that the training will begin; 
C. The type of training, such as cosmetology, barbering, manicuring or aesthetics; 
D. Evidence of age; and 
E. Evidence of satisfactory completion of the 10th grade or its equivalenh; and 
F. The name of the licensee who will directly supervise the trainee in compliance 
with section 14224, subsection 3. 
Trainees who change their place of employment must notify the board, within ~ lQ days 
of the change, of tHIl namll ami plaee of llllsiness of tHe ne' .... employer ana tHe aate of tHe 
ehaflge and must file a new trainee application. 
3. Courses of instruction. A trainee may take courses of instruction in a licensed 
II 
school without having to register as a student as provided in this chapter. Hours or time 
accumulated in a school may not be eomainea witH tHe reEt\lirea be applied to the training 
hOlirs ami time program in accordance with rules adopted by the board. 
4. Renewal; display; examination. The board shall furnish a trainee license to each 
trainee. A trainee license is renewable upon payment of the fee as set under section 
14238. The license must be displayed as provided for licenses in section 14224. The term 
"trainee" must appear in conspicuous print on the license. To be licensed as a 
cosmetologist, barber, aesthetician or manicurist, a trainee, upon completion of the 
required training in accordance with this chapter, must pass an examination approved by 
the board. 
Sec. HH-20. 32 MRSA §14233, as amended by PL 1999, c. 386, Pt. U, §4, is 
further amended to read: 
§14233. Licensed students 
Schools licensed by the board shall register license students in accordance with rules 
establisHea adopted by the board and upon payment of the fee as set under section 14238. 
To be eligible for registration licensure, the student must be at least 16 years of age 
and have satisfactorily completed the 10th grade or its equivalent. Evidence of the 
student's eligibility and enrollment in the school must be provided on a form provided by 
the board. 
All training or services rendered to a member of the public by a student must be 
under the direct supervision of a duly licensed instructor in a licensed school or as 
otherwise proved by rule. 
Sec. HH-21. 32 MRSA §14234, as repealed and replaced by PL 1995, c. 80, §2, 
is amended to read: 
§14234. Demonstrators 
A person may not perform demonstrations unless licensed by the board and upon 
payment of the fee as set under section 14238. The board shall adopt rules that describe 
the articles, machines or techniques that may be demonstrated outside the licensed 
establishment. All demonstrations must be perfonned in a safe and sanitary manner for 
the protection of the public. Licenses must be renewed on OF befoFe July I st biennially QI 
at such other times as the commissioner may designate. A license is not required for 
persons who perfonn demonstrations in a licensed establishment or solely to licensed 
persons. 
Sec. HH-22. 32 MRSA §14235, as enacted by PL 1991, c. 397, §6, is amended to 
read: 
§14235. Licenses; renewal 
The boaFs shall furnish to eaeh lieeRses eosmetologist, barbeF, maRieuFist OF 
II 
aesthetieian a lieense eertifying tha! the holser of that lieense is Bntitles to pFaetiee in this 
gtate. The holseF of a lieense shall post it in a eonspieuous plase wheFe it may be Feasily 
seen and read by all pBFsons served. The FBprosuetion, altering or defaeing of any lisensB 
is prohibited. 
Licensees must renew their licenses on or before July 1st biennially by filing an 
application pFeseFibed b)' the board and payment of the Fequired paying the renewal fee as 
set ferth-.in under section 14238. The expiration dates [or licenses issued under this 
chapter may be established by the commissioner. 
A license may be renewed up to 90 days after the date of its expiration upon payment 
of a late fee as set ferth-in under section 14238 in addition to the renewal fee. Any person 
who submits an application for renewal more than 90 days after the license expiration 
date is subject to all requirements governing new applicants under this chapter, including 
a late fee, renewal fee and additional late fee as set under section 14238, except that the 
board, after giving due consideration to the protection of the public, may waive 
requirements. The beaFd may assess a flena!!)' fee fer a rene'Na! mere than 90 days afteF a 
lieense ellpiFation date. 
Notwithstanding any other provision of this chapter, the board must waive 
examination if a renewal application is made by a person within 90 days after separation 
from the United States Anned Forces, under conditions other than dishonorable,. if that 
person failed to renew a license because of active duty in the armed forces. The waiver 
of examination may not be granted if the person served more than 4 years in the anned 
forces, unless the board is presented with satisfactory evidence that the applicant was 
required by law to serve that period. 
Sec. HH-23. 32 MRS A §14236, as enacted by PL 1991, c. 397, §6, is repealed. 
Sec. HH-24. 32 MRSA §14236-A is enacted to read: 
§14236-A. Denial or refusal to renew license; disciplinary action; reinstatement 
1. Disciplinary action. 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: 
A. Addiction, as confinned by professional diagnosis, to the use of alcohol or other 
drugs that has resulted or may result in the licensee's being unable to perfonn duties 
or being unable to perfonn those duties in a manner that would not endanger the 
health or safety of the public to be served; 
B. A professional diagnosis of mental incompetence; 
C. Engaging in false, misleading or deceptive advertising; 
D. Employing a person to practice cosmetology, barbering, manicuring or aesthetics 
who docs not hold a valid license, unless that person is a trainee within the meaning 
II 
of this chapter; or 
E. Any negligence or misconduct in any of the practices licensed under this chapter. 
2. Reinstatement. The board may reissue a license to any person whose license has 
been revoked if 5 or more members of the board vote in favor of that reissuance. 
Sec. HH-25. 32 MRSA §14237, as enacted by PL 1991, c. 397, §6, is repealed. 
Sec. HH-26. 32 MRS A §14238, as amended by PL 1999, c. 386, Pt. U, §5, is 
repealed and the following enacted in its place: 
§14238. Fees 
The Director of the Office of Licensing and Registration 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. 
Sec. HH-27. 32 MRSA §14245, as amended by PL 1997, c. 771, §1O, is further 
amended to read: 
§14245. License required; penalties 
1. Requirement of license. Any person, partnership, association or corporation 
located either within or outside the State must obtain a license as specified under section 
14246 from the board before operating OF maiRtaining any sehaol of barbering or sahool 
of eosmetolagy within the gtate or eefore eolleeting aHY mitian, fee or other eharge for 
aperatiRg or maintaining sueh a sehool within the gtate.~ 
A. Operating, maintaining or instructing at a school within the State; or 
B. Collecting any tuition, fee or other charge for education, instruction or other 
services provided or to be provided by a school. 
2. Unlicensed practice. Any person, partnership, association or corporation that 
epeflltes or maintaiRs a sehoel of barberiRg or seheol of eosmetslsgy in vislatisn sf this 
I 
SHaeHaJ318f', sr reJ3r6S8HIs itself 6S sJ3emtiag lIfla maialainiag sHsh a seheel, is suBj eet te a 
ei'lil J3eaall~' sf net mere thaa $S,QQQ, J3ayaele ta the State, ta ae reea'lerea in Ii ei'lil aet 
violates subsection I is subject to the provisions of Title 10, section 8003-C, except that, 
I 
2. License fee; renewal fee; renewal requirements. A fee Het te e)(eeea $5QQ .1!§ 
set under section 14238 is charged for the initial license and for the annual renewal of a 
license. Each submission for a license renewal must include the school's most recent 
notwithstanding Title 10, section 8003-C, such a person, partnership, association or 
corporation is subject to a fine of not less than $100 but not more than $5,000 for each 
violation. 
financial audit conducted by a certified public accountant unaffiliated with the school. 
When a school does not participate in federal or state financial aid programs, internally 
prepared financial statements signed by the applicant are acceptable. Every renewal 
Sec. HH-28. 32 MRSA §14246, sub-§l, as amended by PL 1997, c. 771, §II, is 
further amended to read: 
application must include a bond in the required amount. The board shall provide copies 
of the audit or financial statements and, in cases in which the bond is not in favor of the 
board, the original bond to the Finance Authority of Maine and may provide financial 
information regarding the school to other state agencies with an interest in the operation 
II 
of the school. When a school applies for renewal of a license the school must certify that: 
1. Application requirements; licensing; bonding and revocation of license. The 
application for a license required by this subchapter must be malle sn feFHIS furnisaea ay 
the baara lIBa ae accompanied by an application fee nat te IlKeeea $1 QQ as set under 
A. The school has included information in- all school brochures and handbooks 
provided to students, and has posted information in a location in the school 
frequented by students advising students of their rights to receive refunds and where 
to direct any complaints the students have concerning their education; and 
B. 
The school is in compliance with all applicable federal and state laws and 
regulations. 
section 14238 and a surety bond. 
For applicants that participate in state or federal 
financial aid programs, except the Federal Direct Student Loan Program under the federal 
Higher Education Act of 1965,20 United States Code, Section 1087a et seq., the bond 
must be in favor of the Finance Authority of Maine. For all other applicants, the bond 
must be in favor of the board. The amount of the bond for a new applicant is $20,000. 
For renewal applicants, the amount of the bond must be equal to the greater of 10% of the 
applicant's gross receipts from tuition in the 12 months prior to the application for 
renewal or $20,000. 
Sec. HH-30. 32 MRSA §14247, as amended by PL 1997, c. 771, §12, is further 
amended to read: 
A. A license is valid for the ealeaelir year ia 'II<Rfea it is issHea a period of 12 months 
from the date of issuance or as otherwise determined by the commissioner. 
§14247. Rules 
B. The bond must be continuous and must provide indemnification to any student 
The board shall adopt rules for the licensing of persons, partnerships, associations or 
suffering loss as a result of any fraud, misrepresentation, violation of this subchapter 
corporations to maintain and operate schools sf aarnering aHa seheels ef essmetelegy. 
or rules adopted under this subchapter or breach of contract. The bond must provide 
The rules must include standards relating to educational programs, instructor 
for written notification by the surety to the board in the event of cancellation. 
qualifications, records and record keeping, health and sanitation, safety and physical 
Cancellation of the bond by the surety, or payment under the bond by the surety to 
facilities, payment of refunds, and notices and information to be provided to students. 
the board or the Finance Authority of Maine, results in the revocation of the license. 
Rules adopted pursuant to this chapter are routine technical rules pursuant to Title 5, 
The bond must also specifically provide that proceeds are available to pay tuition 
chapter 375, subchapter IJ..A 2-A. 
refunds to students or to student loan lenders on behalf of students eligible for those 
refunds pursuant to the policies of the school or state or federal law, rule or 
regulation. 
Sec. HH-31. 32 MRSA §14249, as amended by PL 1997, c. 771, §13 and PL 
1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
C. If one or more students notify the board or the Finance Authority of Maine of a 
§14249. Complaints 
claim the student has against the school for fraud, misrepresentation, breach of 
contract or refund due, or that the school has violated the provisions of this 
The board may investigate complaints involving a school including any allegation of 
subchapter or applicable rules, or if any such event is discovered by the board or the 
noncompliance with or violation of this subchapter and applicable rules. The board shall 
Finance Authority of Maine from other sources and the holder of the bond has reason 
promptly notify the Finance Authority of Maine of any complaints involving student 
to believe the claim is valid, the holder may make a claim against the bond on behalf 
financial assistance. After a hearing in conformance with Title 5, chapter 375, subchapter 
of the student or students affected, or on behalf of the board. The board and the 
I¥ 1, the board may amend or modify any license and may suspend or refuse to renew a 
Finance Authority of Maine have the concurrent right at any time to review the 
license as provided in Title 5, section 10004. 
school's operations and all its records to determine if the school is in compliance with 
this subchapter and rules adopted under this subchapter, or to determine if any claim 
of a student against the school is valid. 
A board member may not participate in anyon-site evaluation, complaint, hearing or 
license-related action that involves a school efaarneFiRg eF a seaesl sf eesmetelegy with 
which the board member has or has had a direct relationship as a student, instructor, 
Sec. HH-29. 32 MRSA §14246, sub-§2, as amended by PL 1997, c. 771, §ll, is 
administrator or director or in which the board member has a direct pecuniary interest ffi 
further amended to read: 
the-t;sheel. 
., 
• 
I 
The District Court may suspead or re>,<oke the licesse of allY person, partnership, 
association Bf corporatioa fuuad to haye violated any preyisieft of this suechapter or any 
lawful order or rule issued hy the hoarE!. 
Sec. HH-32. 32 MRSA §14250, as enacted by PL 1997, c. 266, §18, is repealed 
and the following enacted in its place: 
§14250. Denial or refusal to renew school license; disciplinary action 
The board may deny a school license, refuse to renew a school license or impose the 
disciplinary sanctions authorized by Title 10, section 8003, sub seeton 5-A for any of the 
reasons enumerated in Title 10, section 8003, subsection 5-A. paragraph A. 
PART II 
II 
Sec. 11-1. 32 MRS A §14302, sub-§3, as enacted by PL 1991, c. 403, §I, is 
repealed. 
Sec. 11-2. 32 MRSA §14302, sub-§4, as enacted by PL 1991, c. 403, §I, is 
repealed. 
Sec. 11-3. 32 MRS A §14302, sub-§5, as amended by PL 1997, c. 681, §2, is 
repealed. 
Sec. 11-4. 32 MRSA §14302, sub-§6, as amended by PL 1997, c. 681, §2, is 
repealed. 
Sec. 11-5. 32 MRSA §14306-D, as amended by PL 2001, c. 323, §31, is further 
amended to read: 
§14306-D. Qualifications; massage therapists 
Each applicant for licensure must demonstrate competence to engage in the practice 
of massage therapy in a manner that safeguards the interests of the public. 
1. Requirements. The following requirements are considered minimum evidence 
satisfactory to the department that an applicant is qualified for licensure under this 
chapter. An applicant must: 
A. Pass the examination sponsored by the National Certification Bliiamiaatioa Board 
for Therapeutic Massage and Bodywork administered hy tae PsyoaoJegieaJ 
Corporatioa or the Federation of State Massage Therapy Boards or its their successor 
orgaailiatioa or other organizations approved by the department; or demonstrate 
completion of a course of training consisting of 500 or more hours approved by the 
department; 
B. Be 18 years of age or older; 
C. Possess a high school diploma or its equivalent; and 
I 
D. 
FlH"fIish to the departmest a sigHed photogFaj:1h of the app!ieaat. The photogFaj:1h 
must ae a miaimum of 5 iaches ay 3 inches; aad 
E. Pay a oae time an application fee and an annual licensing fee as set under section 
14306-G. All foes are aomefuadable. 
2. E;listiBg eertified massage tileFapists. Upon rea6\',<al of duly issued eertifieatioa 
as a massage therapist, a persoa Who remits appropriate foes withia oae year after the 
effocti'le date of this sestioa ma)' ae issued a )jeeRse ay tae aepartmeat. 
Sec. 11-6. 32 MRSA §14306-E, as amended by PL 2001, c. 323, §32, is repealed. 
Sec. 11-7. 32 MRSA §14306-F, sub-§l, as amended by PL 2001, c. 323, §33, is 
further amended to read: 
1. 
Renewal. 
Basa iRdiyidual who applies for !iceasure shall fill eut a form 
desigHated hy the aepartmest. A license e1fpires _ally OR the date of the iadiyidual's 
iRitial lieeasure or oa such other date liS the eommissioaer aetermiRes renewal fee as set 
under section 14306-G must be paid by the licensee. Notiee of e1fj3irlltioa must he mailed 
te a lioeRsed massllge therapist's Illst lrnewB IIdEifess at least 3(:) days aefore the e*piflltiea 
ef tae lieesse. Tall Retiee must iRelude reEtaests for lIa)' iaformatioa ReeeSSaFj for 
resewal. A late foe is assessee OR any !ieess! fes!lWal that is postmarked later taaa tae 
8RBi'.'!rsary eate ef tal' iadi'lieual's iRitial Iieessur!. Licenses issued under this chapter 
expire annually on their anniversary date or as otherwise provided by the commissioner. 
Any license not renewed by its date of expiration automatically expires. 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 14306-G. If, after 90 days from the anniversary 
date, an individual has not renewed the license, the individual must reappJy £;Jr licensure. 
Sec.II-S. 32 MRSA §1430S, as corrected by RR 1997, c. 2, §56, is repealed. 
Sec. 11-9. 32 MRSA §1430S-A is enacted to read: 
§14308-A. Denial or refusal to renew license; disciplinary action 
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, 
paragraph A. the commissioner may deny a license, refuse to renew a license or impose 
the disciplinary sanctions authorized by Title 10. section 8003..J!!bsection 5-A for: 
1. Habitual substance abuse. Habitual substance abuse that has resulted or is 
forseeably likely to result in the applic<ant's or licensee's performing services in a mJlJ)p.~I 
that endangers the health or safety of clients; 
2. Mental incompetence. A current medical finding of men!ai incompetence that 
affects the applicant's or licensee's ability to perform that person's oCQupatioll in a hql!hv 
and safe manner; or 
3. Revocation or denial. Revocation in any state of a professional or N:c!JQEtional 
license, certification or registration for disciplinary reasons ill reiecljpn of allY.ar1:glig.a:ior:! 
for reasons related to untrustworthiness, withm 3 years oXilic date of ill22Ji~L~11, 
I 
Sec. 11-10. 32 MRSA §14309, as amended by PL 2001, c. 421, Pt. B, §105 and 
S. HellFiogs. The commissioner may CORSHot HeariRgs to as&isl-with iRvenfoigatitIM 
affected by Pt. C, § I, is further amended to read: 
aRs to set_iRe whether grOHRds eKist for demal of reregist~l~si~m-&f 
registratioR or otHer actioR Recessa!)' to the ti:!lfilimeRt ~--oo1flffli:S&ieaeF:; 
respoRsiailities HRder this ehaflter. 
§14309. Unlicensed practice 
6. Advisory council. The commissioner shall select members of the athletic training 
community to serve on an advisory council and to consult with the commissioner 
concerning the regulation of athletic trainers. The cOlHleil membeFsffi~ftlSefIt 
eaeh of the foliowiRg categories: 
high schools, climeal or iRdtlstrial ergaHieatteHs, 
eolleges Of Hmversities aRe pfofessioaal SflortS. 
The e6f!artlfleat shall s~ 
reo01flHleoeatioRs f!'em the oOlfficil relative to Riles iR'foh<iflg athletic tJ·aiRers·-f!fId-~' 
A person who violates aR)' proYisioR of this chapter for which a peaait)' Has ROt aeeR 
pressriaee c01fl1flits a eivil violatioR fer whieH a ferfeittire of Rot more tHaR $1,QQQ may 
ae aajHagee section 14306-C is subject to the provisions of Title 10. section 8003-C. The 
gtate may ariRg aR aetioR iR glljlerior COHrt to eRjoiR ~' pefsoR from violatiRg this 
chapter, regaraloss of ' .... Hether other adrn:iRistrath'o, civil or crimiRai proceedings ha· .. e 
aeeR or may ae iRstittitee. 
solioit tile cOHocil's advice OR aR)' other matter. 
The council may suhmit 
recommendations to the department concerning any matter and the department shaY !!illY 
Sec. 11-11. 32 MRS A §14311, as enacted by PL 1993, c. 245, § 1 0, is repealed. 
consider the recommendations in making its decisions. Membership on the council is not 
a conflict of interest regardless of the occupations or associations of the members. 
II 
PART JJ 
Sec. JJ-l. 32 MRSA §14351, as enacted by PL 1995, c. 275, §1, is amended to 
read: 
KRlJllo~'ees Th 
. . 
I' ..e 
COfllflHSSloner Hlft)' BflPoint, suajeet to the Civil Service I,aw, 
e'7 o;:e~ ReceSSBl7' to oaFf)' out this chapter aHa those ORIj'lloyees are eOflSieerea to a; 
lHI er 
e Bflarimeat. 
§14351. Purpose 
8. Budget. The eomrn:ission 
h II 
a' 
seetion 1/1/1) to e 
,;;; 
er s lil .pfepare ausge! IR aeeordaHoe ."lith Title+. 
al1) ou 
e flufJIoses of thiS ehaflter. 
' 
The Legislature finds that the practice of athletic training affects the public health, 
safety and welfare and is subj ect to regulation aRa sontrol in the public interest. The 
purpose of this chapter is to protect the public from the lHIEJ:ualifiee! use of the tefHl 
"athletie traiRer" unlicensed persons professing to be "athletic trainers" and from 
unprofessional conduct by persons licensed to use the term "athletic trainer." 
Sec. JJ-3. 32 MRSA §14355, as enacted by PL 1995, c. 275, §1 and amended by 
PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
Sec. JJ-2. 32 MRSA §14353, as enacted by PL 1995, c. 275, §1, is amended to 
§14355. License violations 
read: 
Begiflfliag JaRHBl7' I, 199/1 a A person who violates section 14354 or eHlplo~'s aR 
§14353. Commissioner; powers and duties 
lHIlieeasee flersoR iR violatioft ofthat seotioR is guilty of a Glass g eriRie is subj ect to the 
provisions of Title 10. section 8003-C. 
The State Rlay aring IIfl aation in SlIjleriOf Court to eRjoiR any flerSOR from 'Aolatiflg 
this chBflter, regardless of whether flfseesures hll'ie aeea iflstituted iR the Distriet CoHrt or 
The commissioner or the commissioner's designee has the following powers and 
duties in addition to all other powers and duties set forth in this chapter. 
1. Standards. The commissioner shall administer and enforce the standards under 
whether eriFHinal flfoeeediags ha,'e aeen iatfsdHeee!. 
this chapter. 
Sec. JJ-4. 32 MRSA §14357, sub-§l,~, as enacted by PL 1995, c. 275, §1, is 
2. 
Rules. 
The cornnusslOner shall adopt rules in accordance with the Maine 
amended to read: 
Administrative Procedure Act necessary to carry out the purposes of this chapter. 
B. 
Be a graduate of a college or university approved by the department and have 
J. CORiplaints. The eoBHBissioRer shall iR' .. estigate all c8R1fliaiats aHe! eases of 
R9neOFHfllillfl6e eORsern:iRg violations of this ehllflter or Riles asoj:l!es ey the s8flartHleat, 
mae!e OR the comrn:issioRer's OWB motioR Of on vlfltteR oORlfllaiflt mee! with the 
aOBartmeat. 
successfully completed that college's or university'S curriculum in athletic training or 
other curricula acceptable to the department and have completed an athletic training 
education program approved by the National Athletic Trainers' Association or its 
successor or other organization approved by the department or a program of practical 
training in athletic training acceptable to the department; and 
4. 
Ceotnets. 
The coBHBissioRer may eRter iato eoatraets to ollfi)' om the 
co!flrn:issioRer's res"oll5iailities lHIaef this eha"ter. 
Sec. JJ-5. 32 MRSA §14357, sub-§l, ,C, as enacted by PL 1995, c. 275, §1, is 
amended to read: 
<If 
C. 
Have passed the National Athletic Trainers' Association Board of Certification 
examination or be currently certified by the National Athletic Trainers' Association 
and or its successor or other organization approved by the department. 
Sec. JJ-6. 32 MRSA §14358, as amended by PL 1999, c. 685, §23, is further 
amended to read: 
§14358. Fees 
All applieallt for initial lieellsHre mHst sHbmit a writtell applieatioll witH sHpportillg 
dooHmellts to tHe departmellt Oil forms proyjded by tHe departmellt. THe applioant FIlHst 
pay a Ilomefulldable applioatioll fee establisHed by tile departmellt by rule ill all amoHllt 
!leHe The Director of the Office of Licensing and Registration 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 anyone 
purpose may not exceed $300 annually. 
Rules adopted pursuant to this section are 
routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A. 
IS 
Tlle departmellt may Iioellse an applioallt wllo meets tlle rellHiremellts of this oHepter 
alld P8)'s tlle lioe!lsHre fee as speoified ill seDtioll 14359. Tlle origillal lisollse alld tllo 
rellewal lioe!lsO for the oHfFellt year mHst be eOllspieHoHsly displayea at tllo plase of 
emplo)'FIle!lt of the Iise!lsee. 
Sec. JJ-7. 32 MRSA §14359, as amended by PL 1999, c. 685, §24, is further 
amended to read: 
§14359. Renewal 
;\ll IisoftsOS FIlHSI he reftowoe afUlHally Oft SF herere MaroH 31st of eaeH year or slieH 
otller times as tlle soFllHlissisftOf may dosigaate. The alliulel Iieeasllfe feae'lfai fee FIlHSt 
be establislled by tile departmellt by ruleFllakillg alld may Ilst ellseed $3()(). 
Tile 
Dommissioller shall Ilotify eaell Iiee!lsee, at tile lieellsee's last lEIlo .... JIl address, 3 () days ill 
ad,'alloe of tile expiration of tlle lioense. Rellewal notitles HUlst be Oil farms provided by 
tile departmellt. 
A Iieellse not rene .... "ed by Marell 31 st IIHtoFllatieally elEpires. 
Tile 
department may renew an elEpired litlense if tile renewal epplieetion is remmed witHin 9() 
days after tlle lioellse elEpiration date and Hpon p8)'HIent of a late fee of $51) ift addition ts 
tlle renewal fee. A license renewal fee as set under section 14358 must be paid by the 
licensee. Licenses issued under this chapter expire annually on their anniversary date or 
as otherwise provided by the commissioner. Any license not renewed by its date of 
expiration automatically expires. 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 
14358. A person who submits an application for renewal more than 90 days after the 
license expiration date is subject to all requirements governing new applicants under this 
chapter, except that the department may in its discretion, giving consideration to tile 
protection of the public, waive examination if the renewal application is made received, 
together with the late fee and renewal fee, within 2 years from the date of that expinition. 
Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, 
chapter 375, subchapter IJ..A 2-A. 
For the purposes of satisfYing the continuing education requirements, each 
application for license renewal must include current certif.!yation by the National Athletic 
Trainers' Association Dertifieation or its successor or other organization approved by the 
department. 
Sec. JJ-8. 32 MRSA §14360, as enacted by PL 1995, c. 275, §l, is amended to 
read: 
§14360. Temporary licenses 
A temporary permit license may be granted to a person who has completed the 
education and experience requirements of this chapter and has submitted the license fee 
as set under section 14358. This permit license allows the person to use the title "student 
athletic trainer" when practicing under the direction of a licensed athletic trainer. This 
permit license becomes invalid after 6 months or upon failure by the peRnittee license~ of 
the National Athletic Trainers' Association Board of Certification examination, whichever 
event occurs first. The permit license may not be renewe.d. 
Sec. JJ-9. 32 MRSA §14361, as enacted by PL 1995, c. 275, § 1 and amended by 
PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed. 
Sec. JJ-lO. 32 MRSA §14361-A is enacted to read: 
§14361-A. Denial or refusal to renew license; disciplinary action 
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, 
paragraph A, the department may deny a license, refuse to renew a license or impose the 
disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for: 
1. Addiction. Addiction to alcohol or other drugs resulting in the licensed athletic 
trainer's inability to perform that trainer's duties safely and competently; 
2. Incompetency. A court finding of mental incompetency; 
3. 
Accomplice. 
Aiding a person not duly licensed as an athletic trainer in 
misrepresentation as an athletic trainer; or 
4. Unethical conduct. A finding by the National Athletic Trainers' Association's 
Ethics Committee of a violation of the National Athletic Trainers' Association's Code of 
Ethics or a finding by the National Athletic Trainers' Association's Board of 
Certification's Professional Practice and Discipline Committee of a violation of the Board 
of Certification's Standards of Professional Practice or findings by successor or other 
organizations with respect to codes of ethics approved by the department. 
Sec. JJ-l1. 32 MRSA §14362, as enacted by PL 1995, c. 275, § 1 and amended 
by PL 1995, c. 502, Pt. H, §48, is repealed. 
PARTKK 
Sec. KK-l. 32 MRSA §14504, as repealed and replaced by PL 2003, c. 452, Pt. 
R, § II and affected by Pt. X, §2, is amended to read: 
§14504. License required 
1. License required. A transient seller of home repair services must Fegist8f with be 
licensed by the department and acquire a door-to-door sales registratioR license in the 
manner ~ set feftfl...ffi under section 14505 before engaging in the door-to-door sales of 
home repair services. The registratioR licensing requirement under this section is in 
addition to the licensing requirements applicable to the occupation, trade or profession for 
which a license is required. A transient seller who solicits sales during the course of a 
municipal or state repair contract is exempt from this requirement. 
2. Penalty. The following penalties apply to violations of this section. 
A. 
A person who violates this section commits a Class E crime, which is a strict 
liability crime as defined in Title 17-A, section 34, subsection 4-A. 
B. 
A person who intentionally violates this section commits a Class D crime. 
3. 
Enforcement. This section is enforceable by either the Department of the 
Attorney General or a district attorney. 
Sec. KK-2. 32 MRSA §14S0S, as amended by PL 2001, c. 324, §7, is further 
amended to read: 
§14505. Evidence of licensure 
Upon registratioR licensure, the department shall issue to a transient seller of home 
repair services a door-to-door sales registratioR license that indicates that the person 
whose name appears on the registFatiOfi license is a registeres licensed transient seller of 
home repair services under this subchapter. The registratioR license must also include the 
name of the seller's company. 
Sec. KK-3. 32 MRSA §14S06, as repealed and replaced by PL 2003, c. 452, Pt. 
R, § 12 and affected by Pt. X, §2, is amended to read: 
§14506. Disclosure of license number 
1. Disclosure required. A contract for door-to-door sales of home repair services 
by a transient seller of home repair services must include the seller's door-to-door sales 
registratioR license number in the following manner: State door-to-door sales registratioR 
license #: (fill in number). 
2. Penalty. The following penalties apply to violations of this section. 
A. 
A person who violates this section commits a Class E crime, which is a strict 
liability crime as defined in Title 17-A, section 34, subsection 4-A. 
B. 
A person who intentionally violates this section commits a Class D crime. 
I 
3. 
Enforcement. This section is enforceable by either the Department of the 
Attorney General or a district attorney. 
Sec. KK-4. 32 MRSA §14S07, as enacted by PL 1993, c. 444, §I, is amended to 
read: 
§14507. Application 
An application for registFetioR licensure under this chapter must be swom to aRS HUlst 
include: 
1. 
Application information. 
The name, local and permanent business and 
residential address or addresses, date of birth and social security number of the home 
repair seller; 
, 
2. Employees of the seller. The names and addresses of employees of the seller, 
their dates of birth and social security numbers; 
3. Statement. At the time of making the application, a statement' of all civil 
judgments or criminal convictions secured or outstanding against the seller that arises out 
of home repair services during the 4 years prior to making the application, all criminal 
and civil suits pending against the seller that arise out of home repair services and all 
criminal convictions and criminal suits pending for theft against the seller. 
The seller shall promptly notify the department of all changes or additions in the 
information required by this section. 
Knowingly, intentionally or recklessly making a false statement in an application is 
grounds for denial of the application or revocation of the registFatioR license; and 
4. Photograph. A recent photograph of the home repair seller. 
Sec. KK-S. 32 MRSA §14508, as amended by PL 2001, c. 324, §8, is further 
amended to read: 
§14508. Renewal application 
An annual renewal application must be filed by the seller on October 31 st or at such 
other times as the department designates. The renewal application must include changes 
or additions to the information required by section 14507. The sej'lartlHefit shall mail 
Rotiee to the traflsieflt seller's last 1En0 ..... 1i address 3Q says iR as'lftftee of the elEfliratioR 
6ate, The renewal application must be accompanied by the ~ 
rene'Yal fee as set 
under section 14509. 
Sec. KK-6. 32 MRSA §14S09, as amended by PL 2001, c. 324, §9, is further 
amended to read: 
§14509. License fee 
A trlHtsiefit seller ImIst flay to the seflartFRefit reEttlires origiRal aRS reRewal JiaeRse 
fees esta91ishes 9'1' tae sllfIartFReRt 9'1' mle iR aR aFROHRt Rot to The Director of the Office 
Page J 99 - 123LR0598(Ol)-1 
I 
of Licensing and Registration within the department may establish by rule fees for 
§14703. Licenses 
purposes authorized under this chapter in amounts that are reasonable and necessary for 
their respective purposes, except that the fee for anyone purpose may not exceed $300 
annually. Rules adopted pursuant to this section are routine technical rules pursuant to 
Title 5, chapter 375, subchapter H-A 2-A. 
1. 
Issuance. The department shall issue to each transient seller of consumer 
merchandise and employee of that transient seller a registratisH license that, among other 
things, must indicate that the person whose name appears on the registratisH license is a 
registered licensed seller or employee of a registered licensed seller under this 
Sec. KK-7. 32 MRSA §1451l, as amended byPL 2001, c. 324, §IO, is repealed. 
subchapter. 
Sec. KK-S. 32 MRSA §14512, sub-§3, as amended by PL 2001, c. 324, § II, is 
further amended to read: 
2. Possession and presentation. Every transient seller of consumer merchandise 
and each of the seller's employees must have a valid Fegistratisn license, as required by 
this subchapter, in the seller's or employee's immediate possession at all times when 
3. Unfair trade practice. A transient seller of home repair services who fails to 
engaging in sales of consumer merchandise in this State and shall present the registratisn 
regit;ter obtain a license in violation of this subchapter commits an unfair trade practice in 
II 
license for inspection upon request of any person. 
II 
violation of Title 5, section 207. 
3. Penalty. The following penalties apply to violations of this section. 
Sec. KK-9. 32 MRSA §14512, sub-§4, as enacted by PL 1993, c. 444, §1, is 
amended to read: 
A. A person who violates subsection 2 commits a Class E crime, which is a strict 
liability crime as defined in Title 17-A, section 34, subsection 4-A. 
B. A person who intentionally violates subsection 2 commits a Class D crime. 
4. Revocation. In any action under this section the court may also revoke the seller's 
registratisH license to engage in the door-to-door sale of home repair services. 
Sec. KK-IO. 32 MRSA §14513 is enacted to read: 
Sec. KK-13. 32 MRSA §14704, as amended by PL 2003, c. 452, PI. R, §16 and 
affected by PI. X, §2, is further amended to read: 
§14513. Denial or refusal to renew license; disciplinary action 
§14704. Disclosure of license number and permanent place of business 
The board may deny a license, refuse to renew a license or impose the disciplinary 
1. License number and permanent place of business disclosed in advertisements. 
sanctions authorized by Title 10, section 8003, subsection 5-A for any of the reasons 
Every time a transient seller of consumer merchandise advertises in this State for the sale 
enumerated in Title 10, section 8003, subsection 5-A. paragraph A. 
of merchandise, whether in print or electronic media, the advertisement must disclose the 
Sec. KK-l1. 32 MRSA §14702, as repealed and replaced by PL 2003, c. 452, Pt. 
R, §14 and affected by Pt. X, §2, is amended to read: 
transient seller's registFatisH license number in the following manner: "State Department 
of Professional and Financial Regulation Transient Seller'S RegistFatisH License Number: 
(Fill in number)" and must disclose the address of the seller's permanent place of 
§14702. Licensure 
business. 
1. License required. A person who engages in the business of a transient seller of 
consumer merchandise, including a self-employed person or a person who employs one 
or more transient sellers of consumer merchandise, shall must apply to the department 
and acquire a registFationlicense in the manner set forth in section 14706 before engaging 
in sales of consumer merchandise in this State. 
2. License number and place of business disclosed in written receipt. Every time 
a transient seller of consumer merchandise sells merchandise to a consumer in this State, 
the transient seller shall provide the purchaser with a written receipt, at the time of sale, 
disclosing the transient seller's registratisa license number in the following manner: 
"State Department of Professional and Financial Regulation Transient Seller's 
RegistFatisn License Number: (Fill in number)" and disclosing the transient seller's name 
2. Penalty. The following penalties apply to violations of this section. 
and permanent place of business. 
A. A person who violates this section commits a Class E crime, which is a strict 
3. Penalty. The following penalties apply to violations of this section. 
liability crime as defined in Title 17 -A, section 34, subsection 4-A. 
A. 
A person who violates this section commits a Class E crime, which is a strict 
B. A person who intentionally violates this section commits a Class D crime. 
liability crime as defined in Title 17 -A, section 34, subsection 4-A. 
Sec. KK-12. 32 MRSA §14703, as amended by PL 2003, c. 452, PI. R, §15 and 
B. 
A person who intentionally violates this section commits a Class D crime. 
affected by Pt. X, §2, is further amended to read: 
Sec. KK-14. 32 MRSA §14706, first~, as enacted by PL 2001, c. 324, §12, is 
amended to read: 
I 
Each application for a transient seller of consumer merchandise registFlltioa license 
I 
surety approved by the department. Only one security deposit is required of each person 
required by section 14702 must ae maae Hfloa a foFffi oreseriaea ay the aeoartmeRt. IffiISt 
engaged in transient sales of consumer merchandise. 
ae S'Norn to analffilst include: 
4. License issued. The department shall issue to a transient seller of consumer 
Sec. KK-15. 32 MRSA §14706, last~, as enacted by PL 2001, c. 324, §12, is 
merchandise and to employees of that transient seller a registration license upon receipt 
amended to read: 
of a completed application in proper foFffi with ~ 
the fees as set under subsection 1 
Any false statement in an application, either original or supplementary, for a 
and it the security deposit required by subsection 3. 
registratiaa license subjects the applicant to the same penalty as if the applicant had no 
Sec. KK-18. 32 MRSA §14711, as enacted by PL 2001, c. 324, §12, is amended 
registratian license. 
to read: 
Sec. KK-16. 32 MRS A §14707, as enacted by PL 2001, c. 324, §12, is amended 
§14711. Expiration 
to read: 
1. Licenses. Registratians Licenses issued under section 14703 expire: 
II 
§14707. Renewal application 
II 
A. On the date that the registraRt licensee establishes a permanent place of business 
A renewal application made under this subchapter afla maae IiJlOfl a foFFH preseriaed 
and surrenders the registraRt's registration licensee's license to the department; 
B. When the registrant licensee fails to file a renewal application as required by 
section 14707; or 
C. Upon the surrender of the registration license for cancellation. 
ay the aepartment must be filed by the applicant on Detaaer 31st April 30th annually or 
at such other times as the Commissioner of Professional and Financial Regulation may 
designate. 
The renewal application must include all changes or additions in the 
information required by section 14706. Natiee IffiIst ae mailea ta eaeh IIflplisant's last 
leaawH aaElress 30 aays in aa\'an6e of the expiratian aate of the IIflplisant's elirreHt 
registration. The renewal application must be accompanied by it the renewal fee,as 
orayiaed in as set under section 14708. 
Sec. KK-19. 32 MRS A §14712, as enacted by PL 2001, c. 324, §12, is amended 
to read: 
Sec. KK-17. 32 MRS A §14708, as enacted by PL 2001, c. 324, §12, is amended 
to read: 
§14712. Security deposit subject to claims; order of preference; return of security 
deposit 
§14708. License fee and security deposit 
Each security deposit made under section 14708 is subject, sa ~ long as it remains in 
the hands of the department, to the attachment and execution in behalf of consumers 
1. Fees. The aepartmeat shall estaelish fees ay mle for applieations, registratiaas 
ana reaewals Iiflaer this sliaehapter ia aa amoliflt aat to Director of the Office of 
Licensing and Registration within the department may establish by rule fees for purposes 
authorized under this subchapter in amounts that are reasonable and necessary for their 
respective purposes, except that the fee for anyone purpose may not exceed $300 
aHHlially for ~' aae JllifJlose. Rules adopted pursuant to this subsection are routine 
technical rules pursuant to Title 5, chapter 375, subchapter IJ...A 2-A. 
whose claims arise in connection with the transient sale of consumer merchandise in this 
State. The department may be impleaded as a trustee in any civil action brought against 
any registFllat licensee and shall pay over, under order of court, such sum of money as the 
department may be found chargeable. The security deposit is subject to the payment of 
any fines and penalties incurred by the registraHt licensee through any of the provisions of 
this subchapter, and the clerk of the court in which that fine or penalty is imposed shall 
notify the department of the name of the registrant licensee against whom that fine or 
penalty is adjudged and of the amount of that fine or penalty. The department, if it has in 
its possession a sufficient sum deposited by that registraHt licensee, shall pay the sum so 
specified to the clerk. If the department does not have a sufficient sum so deposited, it 
shall make payment of sa ~ much as it has in its possession. All claims upon the deposit 
must be satisfied after judgment, fine and penalty, in the order in which the order of court 
is entered in the respective suits, until all claims are satisfied or the security deposit is 
l. lledieated re'leBues. All fees reeeiYeaHHaer this s!il3ehaJlter ffiliSt ae !laia to the 
TreasliFef of State to ae Iised fer earryiag alit this s!il3eaaJlter. Aay aalanee af these fees 
FHfIj' aet llIflse, alit IffiISt ae e!lffied forn'ara as a eoRtiHHiag assoufit ta ae eX!leooea for the 
saffie !llifJlese ia the follewiag Bssal year. 
3. Security deposit. Every person that engages in the business of transient sellers of 
exhausted. A security deposit may not be paid over by the department to a registFaflt sa 
consumer merchandise, including the self-employed or those who employ one or more 
licensee as long as there are any outstanding claims or notices of claims that are subject 
transient sellers of consumer merchandise, shall also make a security deposit of $10,000 
of suit against the registraHt licensee, in which case the department shall retain only such 
or of a sum equal to the anticipated yearly gross revenues in this State, whichever is less, 
sum of the security deposit as is subject of claim. 
with the department for the protection of consumers as described in section 14712. The 
security deposit may be made by a bond as drawn by the department and as secured by a 
The security deposit required under section 14708 must be returned to the person so 
designated pursuant to section 14706, subsection 5 in the registFllRt's licensee's 
.... 
. 
' 
-
. , 
application for registratioH licensure made under section 14702 12 months following the 
I 
1. Membership; appointment. The board consists of 9 members who serve for 3-
expiration of the registratioH license. 
year tenns, except that of the initial appointees 3 of the members serve a 3-year tenn, 2 of 
the members serve a 2-year tenn and 2 of the members serve a one-year tenn. With the 
exception of the fIre chief member rE!jlreseHtiHg fire eaiefs, the member rE!jlresllHtiag from 
a labor organization and the public member as defIned in Title 5, section 12004-8, all 
Sec. KK-20. 32 MRSA §14715, as enacted by PL 2001, c. 324, §12, is repealed 
and the following enacted in its place: 
members must have at least 10 consecutive years of active experience in the propane or 
the natural gas industry immediately preceding appointment. Industry members must 
§14715, Denial or refusal to renew license; disciplinary action 
hold a valid license at the time of appointment, except that the initial industry member 
appointees must be licensed on or before July 1, 1997. The Governor shall appoint all 
industry and public members. The propane and natural gas industries in this State may 
make recommendations to the Governor concerning these appointments. Membership is 
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, 
paragraph A, the department may deny a license, refuse to renew a license or impose the 
disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for: 
1. Misrepresentations, Misrepresentation of any material fact relating to the tenns 
as follows: 
or conditions of sale; 
A. 
Five members rE!jlreseHtiHg from industry, 3 of whom represent the propane 
industry, one of whom is a mechanical contractor and one of whom represents the 
natural gas industry; 
II 
2. False impressions. Creation of an impression that is false or that the transient 
seller of consumer merchandise does not believe to be true; or 
B. 
One memBer re!lreseHtiHg MaiHe fire ehiefs Maine fIre chief, who may be 
recommended to the Governor by the Maine Fire Chiefs Association; 
C. 
One public member I'8flFeseHtiRg the geReral pllblie v.<ho is aot relatea, either 
3. False promises. Promising of perfonnance that the transient seller of consumer 
merchandise does not intend to perfonn or believes will not be perfonned. 
PARTLL 
airest1y or iaaireetiy, te either the Batllra1 gas iHallstry or the prepaHe iaallstry ~ 
defined in Title 5, section 12004-A; 
C-I. 
One member rE!jlreseHtiag from a labor organization in the building and 
construction industry; and 
Sec. LL-l. 32 MRSA §14802, sub-§7, as amended by PL 1999, c. 386, Pt. V, 
§3, is repealed and the following enacted in its place: 
7, License. "License" means: 
D. 
One nonvoting member appointed by the Commissioner of Public Safety. 
A. A propane and natural gas technician license issued pursuant to this chapter 
Appointments of members must comply with Title 10, section @ 8009. Members may be 
containing one or more of the following endorsements: delivery technician; plant 
removed from offtce by the Governor for cause. 
operator; tank setter and outside piping technician; appliance connection and service 
technician up to 500,000 BTUs per appliance; and large equipment connection and 
service technician over 500,000 BTUs per appliance; 
B. A license issued to a dispensing station; and 
2. OffieeFs. At its first mestiag, tae BOara shall saoose a shair aaa a 'liee ehair, ".<he 
seR'e terms of ORe year. 
The 'Aee ehair seR'es as ehair the fellewiag year ll!1Iess 
llRwilliHg or HHable. The board may eleet ether emsers that it fiRas Heeessary. 
C. A license issued to a propane and natural gas helper. 
J. CampeRsBtiaR. Members efthe Beara seR'e , .... ithellt !ler aiem eeHlfleHsatioR bllt 
are eHtitled to FeimBllrsemeHt fer el'!PIlHS6S. 
Sec, LL-2. 32 MRSA §14802, sub-§10, ~C, as enacted by PL 1999, c. 133, §I, 
is amended to read: 
Sec. LL-4. 32 MRSA §14804, as amended by PL 2003, c. 204, Pt. F, §I, is 
further amended to read: 
C. 
Is operated by the general public at a registerea licensed propane or natural gas 
installation; 
§14804. Board powers 
Sec. LL-3. 32 MRSA §14803, as amended by PL 2003, c. 420, §1, is further 
The board has the following powers. 
amended to read: 
1. Rules. The board shall adopt rules necessary for the proper perfonnance of its 
§14803. Board established 
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 regarding education or its equivalent and experience 
There is established within the department the Propane and Natural Gas Board for the 
oversight of propane and natural gas licensure and the enforcement of the provisions of 
this Act. 
requirements for applicants for licensure; and 
B. Reasonable standards for license renewal. 
The board shall adopt technical standards for the proper installation and servicing of 
propane and natural gas equipment by rule. The board may adopt by rule national or 
other technical standards, in whole or in part, it considers necessary to carry out the 
mandates of this chapter. 
2. Meetings; chair; quorum. The board shall aola ffieBtiRgs at least t· .... iOB Baea 
meet at least once a year to conduct its business and to elect a chair. Additional meetings 
may must be held as necessary to conduct the business of the board and may be convened 
at the call of the chair or -4- a majority of the members of the board. A EfIiOfilffi of HlB 
boara is 4 ffiBmbers. 
The board saall IEetljl miRiftes taat elBarly rei1Bot all aets aJui 
aBeisioRs ffiaae by tae eoard, whieh FRlfst eB available te tae flublio IlflOR reEJliest. Four 
members of the board constitute a quorum. 
3. Licenses. The board shall evaluate the qualifications of applicants for licensure 
under this chapter. 
: ~ 
d 4. 
HeItFi.~,gs. HBariRgS ffiltj'. eB eORdlietBd e)' taB eoard to assist with iRvestigatioRs 
to 
etB~Re" hetaer groliRds. BllISt fer sllSfleRsioR or demaI of a lieeRse or as otherwise 
ReeeSSIIl) to tae fulfillffieRt of Its resl30Rsibilities IiBder tais ehepter. 
TaB .aeard ffiay Rot. refusB to reRew a IieBRse fer aRY reasoR otaer thaR failme to a' a 
i6 
~:Il~ea Ze Illliess It aas a~fo~ed tae lieeRsee an Ol3flortllmty fer aR adjlldieatol)' ae!n~g. 
e. oar. saall aO.la as adjllal~atory aeariRg at tae writteB ceEf\iest of as)' l3erseR wao is 
aBBI~a a heeBse WltaOlit a aeanRg fer asy reaSOR oHler HlBR failme to l3ay a reEJllirea fee 
fJfO'-:aea, Hlat t~e reEf\i~st fer a~ariRg is reeeived ay tae eoard witaiR 30 da 'S of ta~ 
;! 
epl3l~oaRl,s reoelflt ofwntteB Rohee oftae lieeBse demal, tae reasOR for tae aeRi~1 aRd tae 
:~fl!I0W: ! flgat to :eEfllest a aeariRg. HeariRgs FRlfst ee eORalietea iR OOHfenBit)' wita tae 
.:,.aIHe " fBIHlstratl,'e PcooedliFe ~,et to tae BllteBt epfllieaale. Tae aoara ffiltj' suafJoena 
"ltHesses. reoerds asa aOOliffieHts IH affi' aeariH!! it eOHaliots. 
S. 
COBtFltets. 
ThB Board ffiay eater iRlo eoooaets to oarry Ollt its statutory 
resBoHsiaiIities. 
Ii. Blidgets. Tae aoara saall Slfhmit te tae eoffiffiissioHec its auagetlll)' reEfllireffieBts. 
7. Personnel. The eolflHlissioRer shall epfloiHt aHY 8IHflIo)'i3es ReoeSSal)' to eaff)' out 
tms Ast. ARy flersoH so 8IHfl10)'ea is aH elHflloyee of tae ael3artffieHt BRa liBaer the 
admimstratiYB aHd s\lflelVisory direetioH of HIe oolflHlissioRer. 
8. 
Inspection of aboveground and underground propane and natural gas 
storage facilities and rooftop installations of ASME containers, The board shall 
inspect and issue permits to aboveground and underground propane and natural gas 
storage facilities and rooftop installations of ASME containers. The cost of inspection 
under this subsection and the permit may not exceed $50. 
Sec. LL-5. 32 MRSA §14805, sub-§4, as enacted by PL 1995, c. 389, §4, is 
repealed. 
... 
Sec. LL-6. 32 MRS A §14805, sub-§5, as enacted by PL 1995, c. 389, §4, is 
repealed. 
Sec. LL-7. 32 MRSA §14805, sub-§8, as repealed and replaced by PL 2003, c. 
452, Pt. R, § 18 and affected by Pt. X, §2, is amended to read: 
8. Penalties. The following penalties apply to violations of this chapter. 
A. 
A person, firm or corporation who makes a propane or natural gas installation 
without being licensed as provided by this chapter eolflHlits a Class B eriffie is subject 
to the provisions of Title 10. section 8003-C. 
B. 
A flersoR, firm or eOFfloratioR iR HlB flroflase or RatHral gas iRstaliatioR bllsmess 
wao elHflloys aR IlRliseRsed flersoR, IlRiess thB 'worlE is B1l8lHflted IlRder this ehepter, 
eoffiffiits a Class B eriffiB. 
C. 
A flersoR who flroellres aRY lisBRse as flre'lided iR this eaaflter wroRgfully or ey 
fralld eOlflfflits a Class B eriffiB. 
Sec. LL-8. 32 MRS A §14805, sub-§lO, as enacted by PL 2003, c. 452, Pt. R, 
§19 and affected by Pt. X, §2, is repealed. 
Sec. LL-9. 32 MRSA §14806, as enacted by PL 1995, c. 389, §4 and amended by 
PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in 
its place: 
§14806. Denial or refusal to renew license; disciplinary action 
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 any of the reasons 
enumerated in Title 10. section 8003. subsection 5-A. paragraph A. 
A license that is suspended or revoked must be immediately surrendered to the board 
and held during any period of suspension or. if revoked. until reinstated as provided in 
this Act. 
A person whose license is suspended or revoked for more than 90 days must establish 
that all requirements governing new applicants under this Act are met as a condition of 
reinstatement or return of the license. except that the board. in its discretion and giving 
due consideration to the protection of the public. may waive examination if the period of 
suspension is less than 2 years or. in the case of the revocation of a license. the applicant 
I 
is both eligible and has made application for reinstatement of the license within 2 years of 
the effective date of that revocation. 
Sec. LL-IO. 32 MRS A §14806-A is enacted to read: 
§14806-A. Employing unlicensed person 
A person, firm or corporation in the propane or natural gas installation business who 
employs an unlicensed person, unless the work is exempted under this chapter, commits a 
Class E crime. 
< 
I 
... 
\ .. 
I 
Sec. LL-ll. 32 MRSA §14807, as amended by PL 1999, c. 790, Pt. B, §5, is 
I 
5. Examination; qualification. Notwithstanding any requirement set by the board 
further amended to read: 
as a qualification to sit for a license examination, a person working as a technician in the 
propane or the natural gas industry before January I, 1996 is deemed qualified to sit for a 
§14807. Licensure; requirements; persons 
license examination. 
1. Establish propane and natural gas technician license. The board shall establish 
one propane and natural gas technician license with endorsements described in this 
section that conform to the education and certification requirements of the National 
Propane Gas Association's certified employee training program or other propane or 
6. Propane and natural gas helper. A person may not assist a licensed peFSeH 
propane and natural gas technician unless that person first registers witH receives a 
license from the board as a ~ropane and natural gas helper. A helper may work only 
under the direct and continuous supervision of a licensed person on-site. A licensed 
natural gas programs approved by the board, as follows: 
person may supervise no more than 2 helpers at any time. 
A. 
"Delivery technician" is a person who delivers propane at a customer's location. 
lOA license established by the board is not required for a delivery technician to operate 
THe eeare may set a fee fer tHe pFepane aHe HatHral gas Helper registratieH, Het te exeeee 
II 
$40 eieflBially. 
II 
a motor vehicle; 
B. 
"Plant operator" is a person who works at a bulk plant and handles propane and 
A licensed propane and natural gas technician who does not have the appropriate 
endorsement specified under this chapter or a person holding a temporary registratieH 
propane equipment; 
license as a plant operator or delivery technician, is not required to register be licensed as 
C. 
"Tank setter and outside piping technician" is a person who sets and maintains 
propane tanks and outside piping; 
IS 
a propane and natural gas helper when assisting a licensed propane and natural gas 
technician who has the appropriate endorsement to perform a function. 
D. 
"Appliance connection and service technician" is a person who installs and 
7. Exceptions. The licensing provisions of this section do not apply to: 
services propane and natural gas appliances and indoor piping up to 500,000 BTUs 
per appliance; and 
A. A highway transport driver who delivers propane to bulk plants or industrial 
customers; 
E. 
"Large equipment connection and service technician" is a person who installs 
and services propane and natural gas appliances and indoor piping over 500,000 
BTUs per appliance. 
B. An individual user of a self-service propane or natural gas dispenser as defined by 
section 14802, subsection 10; 
2. License; valid. The license established in this section is valid for 2 years from the 
date of issuance or as otherwise established by the commissioner. 
C. Regular employees of industrial plants installing and servicing propane or natural 
gas-fired equipment of greater than 10,000,000 BTUs per hour input; or 
D. Persons working on internal combustion engines and associated gas trains. 
3. Appropriate endorsement. The board shall issue a license with the appropriate 
endorsement to the prospective licensee who has successfully passed an examination as 
prescribed by the board and who has filed the ~ 
application and fee as set under 
Sec. LL-12. 32 MRS A §14808, first~, as enacted by PL 1995, c. 389, §4, is 
amended to read: 
section 14813. 
The following registratieA, licensing, maintenance and installation standards apply to 
3-A. License required. A person may not perform the functions governed by this 
dispensing stations operating in the State. 
Act after JHiy I, 1997 without first being licensed by the board. 
Sec. LL-13. 32 MRSA §14808, sub-§l, as enacted by PL 1995, c. 389, §4, is 
4. License required; plant operators and delivery technician. A person may not 
amended to read: 
perform the functions governed by this Act after ]Hiy 1, 1997 without first being licensed 
by the board as a propane and natural gas technician, except that plant operators and 
delivery technicians must be licensed within one year of first performing those functions. 
In order to qualifY for the one-year provision, the delivery technician or plant operator 
must register apply for a temporary license with the board within 90 days after first 
performing that function. 
1. Dispensing stations. All dispensing stations must be registeree licensed with the 
department biennially by the owner upon suitable forms designated and approved by the 
board. A dispensing station that undergoes a major repair, revision or relocation must 
provide that agency with updated information within 30 days of the completion of the 
change. 
4-A. Personal abode. Nothing in this chapter prevents a person from making a 
propane or natural gas installation in a single family residence occupied or to be occupied 
Sec. LL-14. 32 MRSA §14808, sub-§2, as enacted by PL 1995, c. 389, §4, is 
amended to read: 
by that person as that person's bona fide personal abode, as long as that installation 
conforms with board laws and rules. 
2. License. RegistratioH Licensure of the dispensing station is limited to: 
A. The name of the owner; 
B. The address of the dispensing station; 
C. The town or city and county in which the dispensing station is located; 
D. The directions to the dispensing station; 
E. The capacity in gallons of the dispensing station; 
F. The name of the owner or operator to be contacted for inspection of the dispensing 
station by the State; and 
G. The name of the owner or operator holding the limited operator's license required 
by this section. 
Sec. LL-15. 32 MRSA §14810, as enacted by PL 1995, c. 389, §4 and amended 
II 
by c. 502, Pt. H, §48, is repealed. 
Sec. LL-16. 32 MRSA §14812, as enacted by PL 1995, c. 389, §4 and amended 
by c. 502, Pt. H, §48, is repealed. 
Sec. LL-17. 32 MRSA §14813, as amended by PL 1999, c. 386, Pt. V, §12, is 
repealed and the following enacted in its place: 
§14813. Fees 
The Director of the Office of Licensing and Registration 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, excs;pt that the fee for anyone 
purpose other than permit and inspection fees may not exceed $196. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. LL-18. 32 MRSA §14814, as amended by PL 1999, c. 386, Pt. V, §13, is 
further amended to read: 
§14814. Renewals 
All licenses issued expire 2 years from the date of issuance or at other times the 
commissioner may designate. All licenses may be renewed fer 2 year fleneeS biennially 
upon iilffig payment of the aflflr9fJnate aN'lieatieB and renewal fee as set under section 
14813. 
The Beare shall Be*ify a flerseB registeree HBeer tHis eHBflter of ilie eate of e*fliratio!l 
of that flllrseB's liellflfle aBe ilill fee reliliiree fer its reBIl'Nal fer a 2 year flenoe. The Botiee 
mHst he mailee to the flefSoB'S last !mewB aeeress at least 3() eays i!l aevaBse ef the 
elteiratioB eate efilie liseBse. 
A license may be renewed up to 90 days after the date of its expiration upon payment 
of a late fee ef-$.H) in addition to the renewal fee as set under section 14813. Any person 
who submits an application for renewal more than 90 days after the license expiration 
date must pay an additional late fee as set under section 14813 and is subject to all 
... 
lO 
requirements governing new applicants under this chapter, except that the board, in its 
discretion and giving due consideration to the protection of the public, may waive 
examination or other requirements if the renewal is made within 2 years from the date of 
the expiration. The Bears may estahlish reaalties fer aeflfeBewal. Notwithstanding any 
other provision of this chapter, the board shall waive examination if a renewal application 
is made within 90 days after separation from the United States Armed Forces, under 
conditions other than dishonorable, by a person who has failed to renew the license 
because the person was on active duty in the Armed Forces; except that the waiver of 
examination may not be granted if the person served more than 4 years in the Armed 
Forces, unless the person was required by some mandatory provision to serve a longer 
period and the person submits satisfactory evidence to the board. 
PARTMM 
Sec. MM-l. 32 MRSA §15103, as amended by PL 1999, c. 386, Pt. W, §5, is 
further amended to read: 
§15103. Board of Boilers and Pressure Vessels 
1. Membership. The Board of Boilers and Pressure Vessels, as established by Title 
5, section 12004-A, subsection 7, consists of 7 members appointed by the Governor. Of 
these 7 appointed members, 2 must be rllflreSe!l!atiYes of from labor organizations within 
this State wfle....-are and be boilermakers or have boiler licenses, one must be a 
n'flrese!l!ative of the O' .... Ilers a!le Hsers an owner and user of steam boilers within this 
State, one must be a reflrese!l!ative of the heiler maBHfaetHrers boiler manufacturer within 
this State, one must be a reflreSe!ltatj-,<e of the ofleratiHg Stll8ffi eagi!leers an operating 
steam engineer in this State, one must be a rllflrese!l!ati\<e ef from a boiler inspection and 
insurance company licensed to do business within the State and one must be a 
rllflreseatatiYe ef the public member as defined in Title 5, section 12004-A. The heaFt! 
shall aHl'IHally eleet a ehair frem its memeershifl. Appointments are for 3-year terms. 
Appointments of members must comply with Title 10, section@ 8009. A member may 
be removed by the Governor for cause. 
. 
Th 
emBers ef the heare are e!l!itled te eempeasatioa 
2. 
CompeBsatioB. 
e. m 
assereial1: to the eFOvisio!ls efTltle 5, shaeter 379. 
3. Meetings; chair; quorum. The board shall meet at least once a year to conduct 
its business and to elect a chair. Additional meetings may must be held as necessary to 
conduct the business of the board and may be convened at the call of the chair or a 
majority of the board members. Four members of the board constitute a quorum fer--atl 
~. 
The hsare shall keee reserds aHe RHBHtes fteeeSSaFV to thB eraia8Ft' diseateh ef 
its fu!lstiS!l. 
4. ReeOFeS. The Board shall IEeep a aomplete resore ef the type, eimeftsieas, age, 
eeaeitiefts, flressHre allewee \ipO!l, leaatio!l 8/le eate of last i!lspestiea sf all hoilefS aHS 
ereSSHre vessels to whish tHis shaeter agelies. 
Sec. MM-2. 32 MRSA §15104-A, as amended by PL 2001, c. 573, Pt. A, §I, is 
further amended to read: 
.. ' 
-. 
, '" 
\ 
§15104-A. Powers and duties 
I 
Unless otherwise exempt, all new boilers and pressure vessels to be installed must be 
inspected during construction by an inspector authorized to inspect boilers in this State, 
The board shall administer, coordinate and enforce the provisions of this chapter and 
or, if constructed outside the State, by an inspector holding a license from this State or an 
has the following powers and duties in addition to those otherwise set forth in this 
inspector who holds a certificate of inspection issued by the National Board of Boiler and 
chapter. 
Pressure Vessel Inspectors, or its successor or other organization approved by the board. 
1. Rules. The board shall, in accordance with Title 5, chapter 375, adopt rules to 
implement the purposes of this chapter, including rules for the safe and proper 
construction, installation, repair, use and operation of boilers and pressure vessels in this 
Sec. MM-S. 32 MRSA §lS10S-B, as amended by PL 2001, c. 573, Pt. A, §3, is 
repealed. 
State. The rules must conform as nearly as practicable to the code. Rules adopted by the 
Sec. MM-6. 32 MRSA §15108-C is enacted to read: 
board under this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter II-A 2-A. 
§15108-C. Denial or refusal to renew license; disciplinary action 
The aoard shall pualish aHd distriaute arnoHg aoiler rnaRufaoturers aRd others reEIUestiRg 
In addition to the grounds enumerated in Title 10. section 8003. subsection 5-A, 
them sopies of the rules adopted ay the aoard at a oost suffioieRt oRly to eover the 
paragraph A, the board may deny a license. refuse to renew a license or impose the 
priRtiRg aHd rnailiRg expeRses of distriautioH. 
disciplinary sanctions authorized by Title 10. section 8003, subsection 5-A for: 
2. Heoriugs. HeariHgs may ae eOHdl1eted ay the aoard to assist with iHvestigatioHs, 
to delermiHe whether grounds eRist for suspeHsioH, re'YOoatioH or dtmial of a lioeHse or as 
otherwise oOHsidered Heeessary to the fulfillrneHt of its respoHsibilities uHder tllis ohapter. 
1. Operating under the influence. Operating or being in charge of a plant while 
under the influence of intoxicating beverages or narcotic drugs; 
The aoard may Hot refuse to reHe'?l a lieeHse for aHY reaSOH other thaH failure to pay a 
reEIuired foe, uHless it has afforded the li08Hsee aH opportuHity for aH adjudieatory 
2. Physical or mental incapacity. Suffering from physical or mental incapacity that 
would jeopardize physical property or lives in the exercise of the license; or 
heariHg. The aoard shall hold aH adjudioatory heariHg at the writteR reEIuest of aHY perSOH 
3. Operating without authority. Operating or having charge of a plant over which 
who is denied a lioeHse without a heariHg for aHY reaSOH other thaH failure to pay a 
reEIuired fee, as 10Hg as the reEIuest for a heariHg is reeeived ay the aoard withiH 30 days 
the licensee or applicant lacked authority. 
of the BJlplioaHt's reoeipt of writteH Hotioe of the deHial of the applioaHt's applioatioH, the 
Sec. MM-7. 32 MRS A §15109, sub-§2-A,~, as enacted by PL 2003, c. 597, 
reasoRS for the denial aHd the applieaHt's right to reEIuest a heariHg. HeariHgs illIiSt ae 
§2, is amended to read: 
oOHduoted iH oOHforrRity with Title 5, ohapter 375, subohapter IV to the eJEteHt applioaale. 
The aeard rna]' SUaj38eHa witHesses, reserds aHd d8sHmeHts iR aRY heariHg it o8RdHets. 
B. 
Persons employed by entities under the jurisdiction of the Public Utilities 
Commission or the United States Nuclear Regulatory Commission, or its successor Q!: 
3. CaBtnets. The aoam may eHter iHtO oOHtraels 10 earry 0111 its respoHsibilities 
other organization approved by the board; or 
uHder tllis ohapter. 
Sec. MM-S. 32 MRSA §15109, sub-§3, as amended by PL 2001, c. 323, §36, is 
Sec. MM-3. 32 MRSA §15104-C is enacted to read: 
further amended to read: 
§15104-C. Fees 
3. Issuance of license. The board shall issue a license to an applicant in the grade 
requested, upon payment of aH the application fee and license fee .1!§ set by the aireetor 
The Director of the Office of Licensing and Registration within the department may 
under subseetisR 9 section 15 I 04-C, if the applicant has satisfactorily met the 
establish by rule fees for purposes authorized under this chapter in amounts that are 
examination and other requirements of this section. 
reasonable and necessary for their respective purposes, except that the fee for any 
accreditation review, facility review or inspection of anyone boiler or pressure vessel 
may not exceed $500, the fee for any shop inspection may not exceed $3,000, the fee for 
an inspection certificate for anyone boiler or pressure vessel may not exceed $100, the 
fee for a late inspection or a late certificate may not exceed $250 and the fee for any other 
purpose may not exceed $150 triennially. Rules adopted pursuant to this section are 
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
A. A license is valid for 3 years from the date of issuance. A license must designate 
the name of the holder, the license number, the grade of license, the issuing date and 
the expiration date. Any license issued under this chapter is automatically renewable 
upon payment of the renewal fee under suas60lioH 9 as set by the direetor under 
section 15104-C. The expiration dates for licenses issued under this chapter may be 
established at such other times as the commissioner may designate. The aoard shall 
Hotify 6'l'ef)'OHI! registered HHder this efillflter of the allte sf ellpiratieH sf tfie lieeRse 
Sec. MM-4. 32 MRSA §15105, 2nd ~, as amended by PL 1999, c. 386, PI. W, 
and the tee Fe!juired for its FeHB'lVIII for a 3 year flerioa. The noliee must be mailee to 
§8, is further amended to read: 
I 
the jlersea's last l£Hs\Va aeeress at least 3Q e~s ia ae'laase ef the e)(jliratiea eate ef 
The board shall establish by rule cutoff dates for applications for examination. 
the lieease. 
The passing grade on any examination may not be less than 70%. A candidate failing one 
A license may be renewed up to 90 days after the date of its expiration upon payment 
examination may apply for reexamination, which may be granted upon payment of the 
of a late fee in addition to the renewal fee as set under section 15104-C. 
An 
feEtllire9 fee established a)' the sireeter under section 15104-C. 
aasitieaallate fee l:IHeer SIil:!seetiea 9 may ae imjlesss a)' the sireeter fer ajljllisatieas 
resei'lee lljl te 2 years after the eate ef e)(jliratiea. Any person who submits an 
application for renewal more than 90 days after the license expiration date shall pay 
Sec. MM-12. 32 MRSA §15109, sub-§7, ,s, as amended by PL 2003, c. 597, 
§5, is further amended to read: 
an additional late fee as set under section 15104-C and is subject to all requirements 
governing new applicants under this chapter, except that the board may in its 
discretion, giving due consideration to the protection of the public, waive 
II 
examination or other requirements. The aeart! may le· .. y jleHalties fer aeHfeaewal. 
B. 
The holder of a boiler operator's license may operate, supervise or have charge 
of a heating plant having a capacity of not more than 20,000 #IHR or operate or 
supervise a plant up to the capacity of the license of the engineer in charge of the 
plant in which the licensee is employed. The applicant for a boiler operator's license 
Notwithstanding any other provision of this chapter, the board shall waive 
II 
must have 6 months' operating experience prior to examination under a boiler 
examination if a renewal application is made within 90 days after separation from the 
United States Armed Forces, under conditions other than dishonorable, by a person 
operator's training permit. The board shall issue a permit for the purpose of gaining 
that experience upon receipt of an application fee and permit fee set ay the eirs6ter 
who has failed to renew that person's license because that person was on active duty 
llaser sllaseetiea 9 as set under section 15104-C. Such.1! permit must be limited to a 
in the Armed Forces; except that the waiver of examination may not be granted if the 
person served more than 4 years in the Armed Forces, except if that person is 
specified plant and must be limited to one year. The board may extend the permit for 
a period not to exceed one year under unusual circumstances. The board may allow 
required by some mandatory provision to serve a longer period and that person 
submits satisfactory evidence of this mandatory provision to the board. 
the owner of a small plant to sit for the boiler operator's examination without first 
obtaining a boiler operator's training permit. 
B. The license certificate must be displayed in plain view in the plant where the 
licensee is employed. 
Sec. MM-13. 32 MRSA §15109, sub-§8, as enacted by PL 1995, c. 560, Pt. H, 
§ 14 and affected by § 17, is amended to read: 
C. The board shall determine the eligibility for licensure of any applicant who holds 
a current stationary steam engineering license issued by the proper authority of any 
state, territory or possession of the United States, the District of Columbia or Canada 
that has requirements equal to those of this State and recognizes the license issued by 
this State without further examination. The board shall certify as eligible for a license 
8. 
Rules. 
The board may adopt all necessary rules and establish necessary 
procedures for examination and licensing to carry out this section, pursuant to the Maine 
Administrative Procedure Act. 
Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
any applicant who holds a current Canadian marine or United States Coast Guard 
marine engineer's license and who has worked as a boiler engineer or operator 3 of 
the last 5 years prior to application. The applicant bears the burden of proving those 
Sec. MM-14. 32 MRSA §15109, sub-§9, as amended by PL 2001, c. 573, Pt. A, 
§4, is repealed. 
matters necessary for a license based on reciprocity. 
Sec. MM-15. 32 MRSA §15109, sub-§lO, as enacted by PL 1995, c. 560, Pt. H, 
Sec. MM-9. 32 MRSA §15109, sub-§5, as amended by PL 1999, c. 386, Pt. W, 
§ 14 and affected by § 17, is repealed. 
§14, is repealed. 
Sec. MM-16. 32 MRSA §15118, first~, as amended by PL 2001, c. 323, §44, is 
Sec. MM-IO. 32 MRSA §15109, sub-§5-A, as enacted by PL 1999, c. 386, Pt. 
further amended to read: 
W, §15, is repealed. 
The owner or user of each boiler or pressure vessel required by this chapter to be 
inspected by the chief inspector or a deputy inspector shall pay aft illsjleetiell fee to the 
inspector upon inspection a fee or fees as set under section 15109, sllbseetiea 9 te be 
setermilles by tHe sireeter 15104-C. Not more than one inspection fee may be collected 
Sec. MM-ll. 32 MRSA §15109, sub-§6-A, as amended by PL 2001, c. 323, 
§37, is further amended to read: 
6-A. Examinations. Applicants for licensure shall present to the board a written 
for the inspection of anyone boiler or pressure vessel made in anyone year, unless 
application for examination, eeataiHiag sllsh iafermatiea as tHe beare may reqllire, 
additional inspections are required by the owners or users of the boiler or pressure vessel 
accompanied by an application fee and examination fee llllser sllaseetiea 9 set a)' tHe 
or unless the boiler or pressure vessel has been inspected and an inspection certificate has 
diFeeter as set under section 15104-C. Examinations must be in whole or in part in 
been refused, withheld or withdrawn or unless an additional inspection is required 
writing and of a thorough and practical character commensurate with the responsibilities 
because of the change of location of a stationary boiler or pressure vessel. The nature and 
of the prospective license holder. 
size of miniature boilers or pressure vessels to be inspected may be determined by the 
board. 
-
". 
I 
II 
-
• 
j. 
Sec. MM-17. 32 MRS A §15120, as amended by PL 2001, c. 573, Pt. A, §8, is 
further amendcd to read: 
§15120. Authorized inspectors; duties 
The board shall, upon the request of any company authorized to insure against loss 
from explosion of boilers or pressure vessels in this State, issue to the boiler inspectors of 
the company certificates of authority as authorized inspectors. Each inspector before 
receiving a certificate of authority must hold a certificate as an inspector of steam boilers 
for a state that has a standard of examination equal to that of this State or a certificate 
from the National Board of Boiler and Pressure Vessel Inspectors, or its successor Q! 
other organization approved by the board. Authorized inspectors are not entitled to 
receive a salary from, nor may any of their expenses be paid by, the State. 
The 
continuance of an authorized inspector's certificate is conditioned upon the authorized 
inspector continuing in the employ of a boiler inspection and insurance company duly 
authorized and upon maintenance of the standards imposed by this chapter. Authorized 
inspectors shall inspect all boilers and pressure vessels insured by their respective 
companies, and the owners or users of those insured boilers are exempt from the payment 
of the fees provided for in section 15118. 
Authorized inspectors may, with the 
permission of the chief inspector, also inspect boilers or pressure vessels for which an 
application for insurance against loss from explosion of boilers or pressure vessels has 
been made or when a new boiler or pressure vessel is installed at an insured location and 
the prospective insured owner or user is exempt from the payment of fees provided for in 
section 15118. Each company employing authorized inspectors shall, within 30 days 
following each certificate inspection made by the inspectors, file a report of the 
inspection with the chief inspector. 
Sec. MM-18. 32 MRSA §15121, sub-§l, as enacted by PL 2001, c. 573, Pt. A, 
§9, is amended to read: 
1. Responsibility for inspection. It is the responsibility of the owner to arrange for 
an inspection of a boiler or pressure vessel and to prepare the boiler or pressure vessel for 
inspection. The late inspection fee set by the Director of the Office of Licensing and 
Registration within the DepartmeHt ef Pfefessienal aHe FinaHeial Regulatiell department 
under section 15109, sUBseetien 9 15104-C may be assessed against the owner if an 
inspection report is not submitted within 60 days of the expiration of the most recent 
inspection certificate. 
Sec. MM-19. 32 MRSA §15121, sub-§2, as enacted by PL 2001, c. 573, PI. A, 
§9, is amended to read: 
2. Obtain inspection certificate. The owner of a boiler or pressure vessel shall 
submit the inspection certificate fee ~ set By the Direeter ef the Omee ef Lieellsing ane 
Registration within tHe Department ef Professienal ana FinaHeial Regulation under 
section 15109, sueseetien 9 15104-C within 60 days of notification from the board that 
the inspection report required under section 15120 has been received by the board. 
Failure to submit the required fee within the 60 days provided may result in the 
assessment of a late certificate fee ~ set by tHe direeter under section 15109, SHBseetien 9 
15104-C. 
I 
PARTNN 
Sec. NN-l. 32 MRSA §15205, as amended by PL 1999, c. 386, Pt. X, §§4 and 5, 
is further amended to read: 
§15205. Board of Elevator and Tramway Safety 
The Board of Elevator and Tramway Safety, as established by Title 5, section 12004-
A, subsection 14, consists of 9 members, of whom 7 are appointed by the Governor. 
Baea memaer heles effiee until a sueeesser is eul), BflfleiRtee. At the elEfliratien ef eaeh 
memher's teRB, that memaer's SlieeeSS8f is BflfIeintee By the Ge',remef fFem the same 
elassiiieaHell in aeeereaHee with this seetieft. If a lflieaHe), eee\ifS, tae Geyemef shall 
BflfleiRt a memaer ef tae flrefler ellissiiislitieR te serve the tefFll ef the IihseRt memller. Of 
the 7 members of the board appointed by the Governor, one must fepresi!ftt e· .... Refs er 
lessees ef ele\'8tefs be an owner or lessee of an elevator in the State; one must f6flfeseRt 
mlloofaetlifers be a manufacturer of elevators; one must r6flfeSeRt mllHlifaetlifers er 
iRstall8l's be a manufacturer or installer of accessibility lifts; one must be a licensed 
elevator mechanic; one must be a r6flreseRtati·.'e ef II ski area operator presently operating 
tramways In the State; one must be a qualified licensed professional engineer who is 
familiar with tramway design, inspection and operation; and one must be a public 
member as defined in Title 5, section 12004-A. The 8th member orthe board must be a 
physically handicapped person appointed by the Director of the Bureau of Rehabilitation 
Services, subject to the approval of the Governor. The 9th member of the board must be a 
member of the Division of Fire Prevention appointed by the Commissioner of Public 
Safety. The hellFe FflIiSt IIflHIilllly eleet a ehair Hem its memaefsaifl. Appointments are for 
3-year terms. Appointments of members must comply with Title 10, section@ 8009. A 
member may be removed by the Governor for cause. 
I. CempeBslitieR. The BflfleiRtee Fflemaers ef tHe hSllm SHall s6f'I'e withem salary 
IIlle life elltitiee Ie eelRflensatien aeeemillg Ie the flfe',risiells efTitie 5, ehllflter 379. 
2. Meetings; cbalr; quorum. The board shall meet at least once a year to conduct 
its business and to elect a chair. Additional meetings must be held as necessary to 
conduct the business of the board and may be convened at the call of the chair or a 
majority of the board members. FeIiF Five members of the board constitute a quorum feF 
all fluFfleses. Tae hellFe saall I,eefl taese reeeres aile HHflules taat liFe Ileeess~' Ie tHe 
ereillafY eisflllteh ef its mlletien. 
3. ReeoFds. Tae eeam shailireefl a reeefe ef the date erIast illsfleelisn aHe the tYflB, 
eimeHsiells, IIge, eeneitiefls aRe leeatiell ef 1111 ele"IIIefS ane tramvlays Ie .... hish this 
eaapler Bflpli 85. 
Sec. NN-2. 32 MRSA §15206, as amended by PL 2001, c. 573, Pt. B, § 1 I and 
affected by §36, is further amended to read: 
§15206. Powers and duties of board 
The board shall administer, coordinate and enforce this chapter and has the following 
powers and duties in addition to those otherwise set forth in this chapter. 
I 
1. Rules. The board shall, in accordance with Title 5, chapter 375, adopt rules to 
implement the purposes of this chapter, including rules for the safe and proper 
§lS216-C. License renewal 
construction, installation, alteration, repair, use, operation and inspection of elevators and 
Any license issued under this chapter is renewable upon satisfaction of the applicable 
tramways in the State. The rules must include standards for the review and audit of 
requirements for renewal and payment of the RIq1:Iired renewal fee ~ sct by the director 
inspections performed by licensed private elevator inspectors not employed by the State. 
under section I 5225-A. The expiration dates for licenses issued under this chapter may 
The rules must conform as nearly as practicable to the established standards as approved 
be established at such other times as the commissioner may designate. Tae aeaFEi shell 
by the American National Standards Institute or its successor or other organization 
flotif), persafls lioensee 1:Iaeer this ehepter af the date af e*piratiafl of the Iioense and the 
approved by the board. 
Rules adopted by the board under this section are routine 
fee FefI1:Iired for its _!!VIa!' The floliee _sl ae _ilea la tae !larson's last kflov.'fl aeeress 
technical rules as defined in Title 5, chapter 375, subchapter H-A: 2-A. 
at Ielist 3Q days ia aavaaoe ef the 8*piratiefl aate ef the Ii_e. 
The aoaffi shall p1:lalish lIf1e eistriaINe IIlRefig ele\'ator afle t_ 
.... a)' owfters, lessees, 
II 
lRafl1:lfaotl:lrers, repair eOIRPanios afle otaers fe~1:Iestifig theIR eopies of the f1:Iles liS 
adopted ay tae aoare, at II oost s1:lffioieflt oBly to eover the pAfltiag aBe Iftailiag e*peflses 
of distAa1:ltioa, e*eept those Board rules that are standards of the American National 
Standards Institute staaeaffis or its successor or other organization approved by the board; 
wffieft must be obtained from the publisher. 
A license may be renewed up to 90 days after the date of its expiration upon payment 
of a late fee in addition to the renewal fee as set under section 15225-A. Any person who 
submits an application for renewal more than 90 days after the license expiration date 
must pay an additional late fee as set under section 15225-A and is subject to all 
requirements governing new applicants under this chapter, except that the board may in 
its discretion waive the examination and other requirements. 
The aaara may levy 
2, lIeariBgs. Heariflgs may ae eefle1:letee ay the aeaFEi te assist with ifl\'estigatiefls, 
to eetermifle waether gr01:lfles 8*ist far S1:IBpensiofl, revoeatioa er eetHal ef a Iieense, or as 
otaerwise eOflsieeree fleoessllfj' te the fuliillmeflt ef its respeflsiailities 1:Ifleer this oaapter. 
peaalties fer aaRFeRerVf81 ia ftR lIlfta1:iflt Bat te 8*eeea $!QQ. Notwithstanding any other 
provision of this chapter, the board shall waive the examination if a renewal application is 
made within 90 days after separation from the United States Armed Forces, under 
conditions other than dishonorable. by a person who failed to renew that person's license 
The aoare may flet reF1:ise to reflew a lieense for 1If!)' reasofl ether thafl fail1:lre te pay II 
because that person was on active duty in the Armed Forces; except that the waiver of 
re~liiree fee, 1:Inless it has afforeee the lieensee an eppoFt1:lflit)' for an aej1:i8ieatery 
examination may not be granted if the person served a period of more than 4 years in the 
heaAfig. The Board shell aele an aej1:leieatery heaAfig at tae .... rflttefl re~1:Iest of lIay persefl 
Armed Forces, unless that person is required by some mandatory provision to serve a 
who is eeruee a lioeflse witholit II hellAfig for IIfty reasefl otaer tflaa faillire to pay a 
longer period and that person submits satisfactory evidence of this mandatory provision 
reEJliirea fee, as lOflg as the reEJliest far a aeariHg is reeei'.'ed ay tae beard withifl JQ dll)'S 
to the board. 
ef the applioaflt's reeeipt ef WAllen fletiee ef the eeflial ef the applioatiofl, the FeIIsefiS for 
the deflial ane the applioant's Aght to reEJliest a heariflg. Hearings FfIIiSt ae eon81:ioted iR 
eORfemlily with Title 5, shapler 375 la tae e1(teflt applioabla. The haMa may slihpoena 
Sec. NN-6. 32 MRSA §15225-A, as enacted by PL 2001, c. 573, Pt. B, §30 and 
affected by §36, is repealed and the following enacted in its place: 
witflesses, reoores ane eos1:lffieflts ifl aay aeariflg it sOfl81:iotS. 
§lS22S-A. Fees 
J. CeBtraets. The boare mil" enter iato eofltraets ta eaft .... aIN its reS9aflsiailities 
uRder tRis sReRter. 
The Director of the Office of Licensing and Registration within the Department of 
Professional and Financial Regulation may establish by rule fees for purposes authorized 
Sec. NN-3. 32 MRSA §15206-A, as amended by PL 2001, c. 573, PI. B. §12 and 
under this chapter in amounts that are reasonable and necessary for their respective 
affected by §36, is repealed and the following enacted in its place: 
purposes. except that the fee for anyone purpose other than permit and inspection fees 
may not exceed $500. Rules adopted pursuant to this section are routine technical rules as 
§lS206-A. Denial or refusal to renew license; disciplinary action 
dermed in Title 5. chapter 375. subchapter 2-A. 
The board may deny a license. refuse to renew a license or impose the disciplinary 
PART 00 
sanctions authorized by Title 10, section 8003. subsection 5-A for any of the reasons 
enumerated in Title 10, section 8003, subsection 5-A. paragraph A. 
Sec. 00-1. Revisor's review; cross-references. The Revisor of Statutes shall 
review the Maine Revised Statutes and include in the errors and inconsistencies bill 
Sec. NN-4. 32 MRSA §15210, sub-§3, as enacted by PL 2001, c. 573, Pt. B, § 17 
and affected by §36, is repealed. 
submitted to the Second Regular Session of the 123rd Legislature pursuant to Title 1, 
section 94 any sections necessary to correct and update any cross-references in the 
Sec. NN-S. 32 MRSA §15216-C, as amende4 by PL 2001, c. 573. Pt. B, §25 and 
statutes to provisions oflaw repealed in this Act. 
affected by §36, is further amended to read: 
_ 
F 
~ 
I 
" 
.. 
II 
SUMMARY 
This bill updates and streamlines the State's professional and occupational licensing 
laws within the jurisdiction of the Department of Professional and Financial Regulation, 
Office of Licensing and Registration by: 
I. Redesignating certain registration programs as licensing programs; 
2. Enhancing the accountability of licensees by requiring that they promptly make 
corrections to the information in their application and licensing files; 
3. Removing unnecessary disclosure and notification requirements; 
4. ClarifYing the authority of licensing programs to protect the public through license 
denial or revocation; 
5. Clarifying terms of service for board members; 
6. Streamlining provisions related to board meetings and board governance; 
7. 
Removing the requirements for unnecessary reporting by boards and 
commissions; 
8. ClarifYing the gubernatorial appointment process; 
9. Clarifying penalties for noncompliance with the licensing laws; 
10. Making licensees responsible for meeting statutory application deadlines; and 
II. Clarifying the examination process for many professions and occupations.