An Act To Update Professional and Occupational Licensing Statutes
Maine Legislature, Session 125, LD 1560
Committee Amendment CA_A_H396 (House)
Amends: 32 MRSA §64-B, 32 MRSA §503-B, 32 MRSA §14027

COMMITTEE AMENDMENT "A·-" to H.P. 1145, L.D. 1560, Bill, "An Act To 
Update Professional and Occupational Licensing Statutes" 
Amend the bill in Part D by striking out all of section I (page 12, line 7 in L.D.) and 
inserting the following: 
'Sec. D-l. 32 MRSA §64-B, as enacted by PL 2007, c. 402, Pt. E, §4, is amended 
to read: 
§64-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. 
Habitual substance 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 
condition that has resulted or may result in the licensee performing assigned services in a 
manner that endangers the health or safety of patients; or 
3. False advertising. Engaging in false, misleading or deceptive advertising. 
If the faotual basis of the oomplaint is or may be true and the oomplaint is of 
suffioient gravity to warrant further aotion, the board may request an informal oonferenoe 
INith the lioensee. 
The board shall provide the lioensee \vith adequate notioe of the 
oonferenoe and of the issues to be disoussed. 
The oonferenoe must be oonduoted in 
exeoutive session of the board, pursuant to Title I, seotion 105, unless otherwise 
requested by the lioensee. Statements made at the oonferenoe may not be introduoed at a 
subsequent formal hearing unless all parties oonsent. 1 
Amend the bill by striking out all of Part E and inserting the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fl" to H.P. 1145, L.D. 1560 
~S 
~O 
'PARTE 
Sec. E-l. 32 MRSA §503-B, as enacted by PL 2007, c. 402, Pt. H, §7, is amended 
to read: 
§503-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. Habitual substance abuse. Habitual substance abuse that has resulted or is 
foreseeably likely to result in the applicant or licensee perfonning 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 
condition that has resulted or may result in the applicant or licensee perfonning services 
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 outside the field of 
chiropractic; or 
5. 
Fee-splitting. 
Splitting or dividing a fee with an individual who is not an 
associate licensed as a chiropractor. 
If the factual basis of a complaint that has been filed is or may be true, and the 
complaint is of sufficient gravity to 'Narrant further action, the board may request an 
informal conference with the licensee. The board shall provide the applicant or 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 applicant or licensee. Statements made at the 
conference may not be introduced at a subsequent formal hearing unless all parties 
consent.' 
Amend the bill in Part L by inserting after section 1 the following: 
'Sec. L-2. 32 MRSA §14027, sub-§l, as amended by PL 2009, c. 241, Pt. 0, §3, 
is further amended to read: 
1. Requirement. As a prerequisite to renewal of a license, an applicant must have 
completed the minimum hour requirements for continuing education in programs or 
courses approved by the appraiser qualifications board, which must include a 7 hour 
national uniform standards of professional appraisal practice update course completed in 
the even numbered year as part of license renewal continuing education as set forth by 
rules adopted by the board.' 
SUMMARY 
This amendment makes technical corrections to the bill by repealing only the 
references to infonnal conferences for the Nursing Home Administrators Licensing Board 
and the Maine Board of Pharmacy within the Department of Professional and Financial 
COMMITTEE AMENDMENT 
~~ 
4° 
COMMITTEE AMENDMENT "A" to H.P. 1145, L.D. 1560 
Regulation. The amendment replaces the current mllllmum hour requirements for 
continuing education courses for real estate appraisers with continuing education 
requirements that will be determined by rule by the Department of Professional and 
Financial Regulations, Board of Real Estate Appraisers. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/241l1 
~ac 
LD 1560 
LR 587(02) 
An Act To Update Professional and Occupational Licensing Statutes 
Fiscal Note for Bill as Amended by Committee Amendment "/+' 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Detail and Notes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Other Special Revenue Funds 
Additional costs to the Department of Professional and Financial Regulation associated with amending certain 
provisions in the professional and occupational licensing statutes can be absorbed within existing budgeted resources. 
Changes in these provisions may result in an increase in dedicated revenue to affected boards within the department. 
The amount is not expected to be significant. 
LR0587(02) - Fiscal Note - Page 1 of 1