An Act To Correct Errors in the Laws Relating to Unlicensed Practice and Other Provisions of the Professional and Occupational Licensing Laws
Maine Legislature, Session 124, LD 1572
Committee: Business, Research and Economic Development
Sponsors: SMITH, SCHNEIDER, CLEARY, COHEN, SIROIS, PERRY
Amends: 10 MRSA §8003-B, 10 MRSA §8003-C, 10 MRSA §8003-D, 10 MRSA §8003

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 1572 
H.P. 1110 
House of Representatives, December 22, 2009 
An Act To Correct Errors in the Laws Relating to Unlicensed 
Practice and Other Provisions of the Professional and Occupational 
Licensing Laws 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Received by the Clerk of the House on December 18,2009. Referred to the Committee on 
Business, Research and Economic Development pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401. 
Presented by Representative SMITH of Monmouth. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
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1J1.17?II£~fi 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CLEARY of Houlton, COHEN of Portland, SIROIS of Turner, Senator: 
PERRY of Penobscot. 
Printed on n:cyclcJ pnper 
Be it enacted by the People of the State of Maine as follows: 
Sec.!. 10 MRS A §8003-B, sub-§l, as amended by PL 1999, c. 687, Pt. C, § 1 0, 
is further amended to read: 
1. During investigation. Unless otherwise provided by Title 24, chapter 21, all 
complaints and investigative records of the licensing boards tiitEl-.. commissions and 
regulatory functions within or affiliated with the Department of Professional and 
Financial Regulation are confidential during the pendency of an investigation. Those 
records become public records upon the conclusion of an investigation unless 
confidentiality is required by some other provision of law. For purposes of this section, 
lOan investigation is concluded when: 
A. A notice of an adjudicatory hearing under Title 5, chapter 375, subchapter PI- 1-. 
has been issued; 
C. A consent agreement has been executed; or 
D. A letter of dismissal has heen issued or the investigation has otherwise been 
closed. 
Sec. 2. 10 MRSA §8003-B, sUlIb-§2-A, as amended by PL 2001, c. 345, § 1, is 
further amended to read: 
2-A. Certain client records confidential. Notwithstanding subsections 1 and 2, a 
treatment record provided to a licensing board or commission or in connection with a 
regulatory function within or affiliated with the department during investigation of a 
person licensed by the department in a medical, mental health, substance abuse, 
psychological or health field that contains information personally identifying a licensee's 
client or patient is confidential during the pendency of the investigation and remains 
confidential upon the conclusion of the investigation. 
A treatment record may be 
disclosed only if: 
A. The client or patient executes a written release that states that: 
(1) Unless the release provides for more limited disclosure, execution of the 
release may result in the record becoming a public record; or 
(2) If the client or patient wishes, execution of the release allows disclosure to 
only the person or persons clearly identified in the release. The release must 
require the person or persons identified in the release not to make a disclosure to 
another person; 
B. The disclosure is necessary under Title 22, chapter 857 concerning personnel and 
licensure actions; 
C. The disclosure is necessary under Title 22, section 3474 concerning reports of 
suspected adult abuse or exploitation; 
D. The disclosure is necessary under Title 22, section 40 ll-A concerning reports of 
suspected child abuse or neglect; or 
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E. The disclosure is necessary under Title 22, section 7793 concerning reports of 
suspected child or adult abuse ?r neglect. 
A release executed bya' client or patient does not operate to disclose a record otherwise 
, made confidential by law. 
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This subsection does not prevent disclosure 4 records purs~ant to an order of a court of 
competent jurisdiction upon good cause shown. 
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Sec. 3. 10 MRSA §8003-C, sub-§I, as enacted oy PL 1999, c. 687, Pt. C, § 12, is 
amended to read: 
1. Complaints of unlicensed practice. A board or commission -Hstea identified in 
section 8001, subsection 38 or section 8001-A or a regulatory function administered by 
the Office of Licensing and Registration identified in section 8001, subsection 38 may 
receive or initiate complaints of unlicensed practice. 
Sec. '4. 10 MRSA §8003-C, sub-§3, as repealed and replaced by PL 2003, c. 452, 
Pt. E, § 10 and affected by Pt. X, §2, is amended to read: 
3. Unlicensed practice; criminal penalties. Notwithstanding any other provision of 
law: 
A. A person who practices or represents to the public that the person is authorized to 
practice a profession or trade and intentionally, knowingly or recklessly fails to 
obtain a license as required by this Title the laws relating to a board. commission or 
regulatory function identified in section 8001, subsection 38 or section 8001-A or 
intentionally, knowingly or recklessly practices or represents to the public that the 
person is authorized to practice after the license required by this Title the laws 
relating to a board, commission or regulatory function identified in section 8001, 
subsection 38 or section 8001-A has expired or been suspended or revoked commits a 
Class E crime; and 
B. A person who practices or represents to the public that the person is authorized to 
practice a profession or trade and intentionally, knowingly or recklessly fails to 
obtain a license as required by this Title the laws relating to a board. commission or 
regulatory function identified in section 8001, subsection 38 or section 8001-A or 
i~tentionally, knowingly or recklessly practices or represents to the public that the 
person is autho~ized to practice after the license required -by this Title the laws 
relating to a hoard, commission or regulatory function identified in section 8001, 
subsection 38 or section 8001-A has expired or been suspended or revoked when the 
person has a prior conviction under this subsection commits a Class D crime. Title 
17-A, section 9-A governs the use of prior convictions when determining a sentence, 
except that, Jor purposes of this paragraph, the date of the 'prior conviction must 
precede the commission of the offense being enhanced by no more than 3 years. 
Sec. 5. 10 MRSA §8003-C,sub-§4, as amended by PL 2009, c. 44, §1, is further 
amended to read: 
4. Unlicensed practice; civil penalties. Any person who practices or represents to 
the public that the person is authorized to practice a profession or trade without first 
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obtaining a license as required by this Title the laws relating to aboard, commission or 
regulatory function identified in section 8001, subsection 38 or section 8001-A or after 
the license has expired or has been suspended or revoked commits a civil violation 
punishable by a fine of not less than $1,000 but not more than $5,000 for each violation. 
An action under this subsection may be brought in District Court or, in combination with 
an action under subsection 5, in Superior Court. 
Sec. 6. 10 MRSA §8003-D, as enacted by PL 1999, c. 687, Pt. C, § 12, is amended 
to read: 
§8003-D. Investigations; enforcement duties; assessments 
When there is a finding of a violation, a board or commission .J.i.ste4 identified in 
section 8001, subsection 38 or section 800 I-A or the Office of Licensing and Registration 
with regard to a regulatory function identified in section 8001, subsection 38 
administered by the office may assess the licensed person or entity for all or part of the 
actual expenses incurred by the board, commission, Office of Licensing and Registration 
or -its their agents for investigations and enforcement duties performed. 
"Actual expenses" include,. but are not limited to, travel expenses and the 
proportionate part of the salaries and other expenses of investigators or inspectors, hourly 
costs of hearing officers, costs associated with record retrieval and the costs of 
transcribing or reproducing the administrative record. 
The board 61',: commission or Office of Licensing and Registration, as soon as feasible 
after finding a violation, shall give the licensee notice of the assessment. The licensee 
shaH pay the assessment in the time specified by the board 61' ... commission or Office of 
Licensing and Registration, which may not be less than 30 days. 
Sec. 7. 10 MRSA §8003-lE, as enacted by PL 1999, c. 687, Pt. C, § 12, is amended 
to read: 
§8003-E. Citations and fines 
Any board or commission .J.i.ste4 identified in section 8001, subsection 38 or section 
I-A or a regulatory function administered by the Office of Licensing and Registration 
identified in section 8001, subsection 38 may adopt by rule a list of violations for which 
citations may be issued by professional technical support staff. A violation may carry a 
fine not to exceed $200. Citations issued by employees of the Office of Licensing and 
Registration or an affiliated board must expressly inform the licensee that the licensee 
may pay the fine or request a hearing before the board or commission or the Office of 
Licensing and Registration with regard to a regulatory function identified in section 8001, 
subsection 38 administered by the office regarding the violation. 
SUMMARY 
This bill amends general provisions relating to the professional and occupational 
licensing programs within the Department of Professional and Financial Regulation, 
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Office of Licensing and Registration to clarify the application of those provisions to 
regulatory functions of the office. 
The bill also corrects incorrect statutory citations to "this Title" that were not updated 
when certain provisions were transferred from the Maine Revised Statutes, Title 32 to 
Title 10.