An Act To Create Efficiencies in Professional Licensing Laws Pursuant to the State Government Evaluation Act Review of the Department of Professional and Financial Regulation
Maine Legislature, Session 123, LD 2278
Amends: 5 MRSA §12004-A, 10 MRSA §8003, 32 MRSA §2315, 32 MRSA §3651-A, 32 MRSA §6217-B, 32 MRSA §7026, 32 MRSA §12506, 32 MRSA §13852, 32 MRSA §13861-A, 32 MRSA §13863, 32 MRSA §13911, 32 MRSA §1480, 32 MRSA §14805

Legislative Document 
No. 2278 
H.P.1644 
House of Representatives, March 26, 2008 
An Act To Create Efficiencies in Professional Licensing Laws 
Pursuant to the State Government Evaluation Act Review of the 
Department of Professional and Financial Regulation 
Reported by Representative SMITH of Monmouth for the Joint Standing Committee on 
Business, Research and Economic Development pursuant to the Maine Revised Statutes, Title 
3, section 955, subsection 4. 
Printeu on re<.:yded paper 
If/~ 
frl.77!tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-A, sub-§44, as amended by PL 2001, c. 166, §1, is 
repealed. 
Sec. 2. 10 MRSA §8003, sub-§5-A, ~A, as enacted by PL 2007, c. 402, Pt. C, 
§3, is amended to read: 
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: 
(1) The practice of fraud, deceit or misrepresentation in obtaining a license from 
lOa 
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 ofa 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 of an 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; 
(9) Noncompliance with an order or consent agreement of an office, board or 
commission; 
(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 
(II) 
Any violation of a requirement imposed pursuant to paragraph D, 
subparagraph (1) or (2) subsection 5-B. 
Sec. 3. 10 MRSA §8003, sub-§5-A, ~, as enacted by PL 2007, c. 402, Pt. C, 
§3, is amended to read: 
D. The office, board or commission may: 
(1) Require all applicaAts for liceAse reAe't't'al to respoAd to all iAquiries set forth 
OA reAe'fJ,'al forms; 
(2) Require all liceAsees aAd applicaAts for IiceAsure to report iA ,\'ritiAg aAY of 
the follo'wiAg to the office, board or commissioA AO later thaA 10 days after the 
chaAge or eve At, as the case may be: 
(a) ChaAge of Aame or address; 
(b) CrimiAal cOAvictioA; 
(c) RevocatioA, suspeAsioA or other discipliAary actioA takeA iA this or aAY 
other jurisdictioA agaiAst aAy occupatioAal or professioAal IiceAse held by the 
applicaAt or IiceAsee; or 
(d) AAY material chaAge iA the cOAditioAs or qualificatioAs set forth iA the 
origiAal applicatioA for IiceAsure submitted to the office, board or 
commissioA. 
(3) 
Except as provided in Title 37-B, section 390-A, adopt rules requiring 
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 rules. Failure to 
comply with the continuing education rules is punishable by nonrenewal 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 subparagraph 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 inactive 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 on a date other 
than the ordinary renewal date of the license. Any rules of an office, board or 
commission regulating inactive status licensure must describe the obligations of 
an inactive status licensee with respect to any ongoing continuing education 
requirement in effect for licensees of the office, board or commission and must 
set forth any requirements for reinstatement to active status, which requirements 
may include continuing education. Rules adopted pursuant to this subparagraph 
are routine technical rules as described in Title 5, chapter 375, subchapter 2-A; 
and 
(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. 
Sec. 4. 10 MRSA §8003, sub-§5-B is enacted to read: 
5-B. Office of Licensing and Registration; duty to require certain information 
from applicants. 
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, shall require: 
A. All applicants for license renewal to respond to all inquiries set forth on renewal 
forms; and 
B. All licensees and applicants for licensure to report in writing to the office no later 
than 10 days after the change or event, as the case may be: 
(1) Change of name or address; 
(2) Criminal conviction; 
(3) Revocation, suspension or other disciplinary action taken in this or any other 
jurisdiction against any occupational or professional license held by the applicant 
or licensee; or 
(4) Any material change in the conditions or qualifications set forth in the 
original application for licensure submitted to the office. 
Sec. 5. 32 MRSA §2315, sub-§3, as repealed by PL 2007, c. 402, Pt. M, §3, is 
reenacted to read: 
3. Final orders. The decision of the Superior Court on an appeal is final. An order 
by a state oil and solid fuel compliance officer and any order by the board are final and 
subject to no further appeal upon failure to file a timely, written appeal as provided in 
subsection 2. 
Sec. 6. 32 MRSA §2315, sub-§4, as repealed by PL 2007, c. 402, Pt. M, §4, is 
reenacted to read: 
4. Injunction to enforce order. Upon the failure of any person to carry out a final 
order as provided in subsection 3, the board may petition the Superior Court for the 
county in which the building or premises are located for an injunction to enforce that 
order. If the court determines, upon hearing such a petition, that a lawful final order was 
issued, it shall order compliance. 
Sec. 7. 32 MRS A §3112, first ~, as amended by PL 2007, c. 402, Pt. N, §3, is 
further amended to read: 
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, consists of 2- .1 physical therapists, OHe pfl),sieal therapist assistaHt, OHe 
pflysieiaH and one public member as defined in Title 5, section 12004-A. 
Sec. 8. 32 MRSA §3651-A, as amended by PL 2007, c. 402, Pt. P, §§7 and 8, is 
further amended to read: 
§3651-A. Requirements and licensure 
1. Residency requirement. An applicant who has graduated after January 1, 1991 
from podiatric medical school as set forth in section 3651 B 3651-C 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 approved by the board. 
2. Residency licensure. A doctor of podiatric medicine who has graduated after 
January 1,1991 from podiatric medical school as set forth in section 3651 B 3651-C may 
not practice podiatric medicine in a podiatric residency program without first having 
applied for and obtained a residency license from the board. 
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 licensure for that year. A residency license may be denied for 
a reason for which a podiatric medical license may be disciplined under section 
3655-A. 
B. 
A residency license is valid only for the practice of podiatric medicine as part of 
the postgraduate residency program. A residency license is subject to discipline for a 
reason for which a podiatric medical license may be disciplined under section 
3655-A. If the holder of a residency license is terminated from or otherwise ceases to 
be a resident in the postgraduate residency program, the residency license becomes 
void as of the date the resident is terminated or ceases to be a resident. 
C. 
A residency license is valid for up to one year, and may be renewed annually 
before the first day of July of every year, not to exceed an aggregate of 4 years. 
Renewal of a residency license is subject to the same requirements and conditions as 
the initial residency license. 
Sec. 9. 32 MRSA §6217-B, sub-§l, as enacted by PL 2007, c. 402, Pt. U, §12, is 
amended to read: 
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 supept'isor licensee of the 
board; or 
Sec. 10. 32 MRSA §7026, as amended by PL 2007, c. 402, Pt. V, §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 this chapter. 
The board consists of 7 members appointed by the 
Governor. +hree Five members of the board must be licensed clinical social workers, or 
I 
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-C. 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. 11. 32 MRS A §12213, as amended by PL 2007, c. 402, Pt. Z, §5, is further 
amended to read: 
§12213. Appointment 
The Board of Accountancy, as established by Title 5, section 12004-A, subsection I, 
II 
within the department consists of 5 members appointed by the Governor. Each member of 
the board must be a resident of this State. +ffi:ee Four members must be holders of 
certificates issued under section 12227 and 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 license isstled under section 12251 and must have had, as a principal 
occupation, active practice as a noncertified public accountant for at least the 5 preceding 
years-, One member of the board must be a 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 8009. The Governor may remove a member of the board for cause. 
Sec. 12. 32 MRSA §12506, as enacted by PL 1995, c. 671, §13, is amended to 
read: 
§12506. Rulemaking 
Rules adopted pursuant to section 12522, subsection 4; and section 12526, stlbsection 
J are major substantive rules as defined by Title 5, chapter 375, subchapter J.I-A 2-A. All 
other rules adopted pursuant to this chapter are routine technical rules. 
Sec. 13. 32 MRSA c. 115, as amended, is repealed. 
Sec. 14. 32 MRSA §13852, sub-§2, as amended by PL 2007, c. 402, Pt. EE, §2, 
is further amended to read: 
2. Members. The board consists of 9 ~ members, & 1 of them appointed by the 
Governor. Each member must be a resident of this State. Six members must be licensed 
clinical counseling professionals under this chapter, 2 1 of whom must be clinical 
professional counselors, 2 must be clinical professional counselors, one of whom must be 
a marriage and family therapist and one of whom 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. T't'''o members 
One member must be.!! public members member 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 ptlblic members must be a consumer of counseling services. One 
I 
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. 
Sec. 15. 32 MRS A §138S2, sub-§7, as amended by PL 2007, c. 402, Pt. EE, §2, 
is further amended to read: 
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 
majority of the board members. F+ve Four members of the board constitute a quorum. 
Sec. 16. 32 MRSA §13861-A, sub-§2, as enacted by PL 2007, c. 402, Pt. EE, §9, 
lOis repealed. 
II 
Sec. 17. 32 MRSA §13863, sub-§9 is enacted to read: 
9. Sunset. This section applies only to an individual who is validly registered under 
this section by August I, 2008. 
Sec. 18. 32 MRSA §13911, as enacted by PL 1989, c. 346, §3, is repealed. 
Sec. 19. 32 MRSA §1480S, sub-§4, as repealed by PL 2007, c. 402, Pt. LL, §5, is 
reenacted to read: 
4. Final orders. The decision of the Superior Court on an appeal as provided is 
final. An order by a state propane and natural gas inspector and an order by the board are 
final and subject to no further appeal upon failure to file a timely, written appeal as 
provided. 
Sec. 20. 32 MRSA §14805, sub-§5, as repealed by PL 2007, c. 402, Pt. LL, §6, is 
reenacted to read: 
5. Injunction to enforce order. Upon the failure of any person to carry out a final 
order as provided, the board may petition the Superior Court for the county in which the 
building or premises are located for an injunction to enforce that order. If the court 
determines, upon hearing such a petition, that a lawful final order was issued, it shall 
order compliance. 
Sec. 21. Appointments and vacancies; Board of Examiners in Physical 
Therapy and Board of Counseling Professionals Licensure. The Governor shall 
make the appointments to the Board of Examiners in Physical Therapy pursuant to the 
Maine Revised Statutes, Title 32, section 3112 as soon as possible, but not later than 
December 1, 2008. The change in the qualifications distribution of members appointed to 
the Board of Counseling Professionals Licensure pursuant to Title 32, section 13852, 
subsection 2 must be achieved by attrition. One public member position is eliminated 
upon the effective date of this Act. 
Sec. 22. Streamlining initiative for licensing programs. The Commissioner 
of Professional and Financial Regulation is responsible for developing criteria and a 
I 
process for reviewing all licensing programs within the Office of Licensing and 
Registration that may include the following: 
program history; complaint history; the 
number of licensees; growth in applicants; existence of national certification; oversight in 
the practice setting; and public safety. The commissioner shall submit a summary of the 
findings pursuant to review to the joint standing committee of the Legislature having 
jurisdiction over business, research and economic development matters by January 15, 
2009. The joint standing committee of the Legislature having jurisdiction over business, 
research and economic development matters is authorized to submit legislation related to 
its findings to the First Regular Session of the 124th Legislature. 
Sec. 23. Appropriations and allocations. The following appropriations and 
I 1 
allocations are made. 
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF 
Licensing and Enforcement 0352 
Initiative: Deallocates funds due to a reduction in the number of members of the Board of 
Counseling Professionals Licensure from 9 to 8 and the elimination of the Maine Athletic 
Commission. 
OTHER SPECIAL REVENUE FUNDS 
2007-08 
2008-09 
Personal Services 
$0 
($420) 
All Other 
$0 
($3,829) 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
($4,249) 
SUMMARY 
This bill clarifies the legal requirement that licensees report name, address or other 
material change information to the Department of Professional and Financial Regulation 
within 10 days of the change; reenacts provisions that permit 2 boards to enforce orders 
of correction; changes the configuration of certain licensing boards; corrects cross-
references in certain board statutes; eliminates unnecessary documentation requirements; 
repeals the Maine Athletic Commission; and sunsets the "registered counselor" license 
category. 
FISCAL NOTE REQUIRED 
1 
(See attached) 
Approved: 03116/08 
~ac:.. 
LD '2) 7 8' 
LR3571(Ol) 
An Act To Create Efficiencies in Professional Licensing Laws Pursuant to the State Government 
Evaluation Act Review of the Department of Professional and Financial Regulation 
Fiscal Note for Original Bill 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Appropriations/Allocations 
Other Special Revenue Funds 
~evenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note 
2007-08 
$0 
$0 
2008-09 
($4,249) 
($21,500) 
Projections 
2009-10 
($4,259) 
($21,500) 
Projections 
2010-11 
($4,259) 
($21,500) 
The Board of Counseling Professionals Licensure within the Office of Licensing and Registration, Department of 
Professional and Financial Regulation will require an Other Special Revenue Funds deallocation of $4,249 in fiscal 
year 2008-09 as a result of the elimination of the Maine Athletic Commission and the reduction in the number of 
members on the Board of Counseling Professionals Licensure from 9 members to 8 members. 
Repealing the Maine Athletic Commission will reduce the amount of dedicated revenue received by the Office of 
Licensing and Registation from licensing fees and penalties by approximately $21,500 per year beginning in fiscal 
year 2008-09. 
LR3571(01) - Fiscal Note - Page 1 of 1