An Act To Update the Polygraph Examiner Licensing Laws
Maine Legislature, Session 126, LD 1373
Committee: Labor, Commerce, Research and Economic Development
Sponsors: HASKELL, BURNS
Amends: 5 MRSA §12004-A, 22 MRSA §3477, 32 MRSA §7371, 22 MRSA §4011-A

Legislative Document 
No. 1373 
S.P. 480 
In Senate, April 9, 2013 
An Act To Update the Polygraph Examiner Licensing Laws 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator HASKELL of Cumberland. 
Cosponsored by Senator: BURNS of Washington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-A, sub-§50 is enacted to read: 
50.   
Sec. 2.  22 MRSA §3477, sub-§1, ¶A, as amended by PL 2011, c. 291, §2 and c. 
657, Pt. W, §5, is further amended to read: 
A.  While acting in a professional capacity: 
(1)  An allopathic or osteopathic physician; 
(2)  A medical resident or intern; 
(3)  A medical examiner; 
(4)  A physician's assistant; 
(5)  A dentist, dental hygienist or dental assistant; 
(6)  A chiropractor; 
(7)  A podiatrist; 
(8)  A registered or licensed practical nurse; 
(9)  A certified nursing assistant; 
(10)  A social worker; 
(11)  A psychologist; 
(12)  A pharmacist; 
(13)  A physical therapist; 
(14)  A speech therapist; 
(15)  An occupational therapist; 
(16)  A mental health professional; 
(17)  A law enforcement official, corrections officer or other person holding a 
certification from the Maine Criminal Justice Academy; 
(18)  Emergency room personnel; 
(19)  An ambulance attendant; 
(20)  An emergency medical technician or other licensed medical service 
provider; 
(21)  Unlicensed assistive personnel; 
(22)  A humane agent employed by the Department of Agriculture, Conservation 
and Forestry;  
Polygraph Examiners Board 
Not Authorized 
MRSA §7371
(23)  A clergy member acquiring the information as a result of clerical 
professional work except for information received during confidential 
communications; 
(24)  A sexual assault counselor;  
(25)  A family or domestic violence victim advocate; 
(26)  A naturopathic doctor; 
(27)  A respiratory therapist; 
(28)  A court-appointed guardian or conservator; or 
(29)  A chair of a professional licensing board that has jurisdiction over mandated 
reporters; or 
(30)  A polygraph examiner; 
Sec. 3.  22 MRSA §4011-A, sub-§1, ¶A, as amended by PL 2009, c. 211, Pt. B, 
§18 and PL 2011, c. 657, Pt. W, §5, is further amended to read: 
A.  When acting in a professional capacity: 
(1)  An allopathic or osteopathic physician, resident or intern; 
(2)  An emergency medical services person; 
(3)  A medical examiner; 
(4)  A physician's assistant; 
(5)  A dentist; 
(6)  A dental hygienist; 
(7)  A dental assistant; 
(8)  A chiropractor; 
(9)  A podiatrist; 
(10)  A registered or licensed practical nurse; 
(11)  A teacher; 
(12)  A guidance counselor; 
(13)  A school official; 
(14)  A youth camp administrator or counselor; 
(15)  A social worker; 
(16)  A court-appointed special advocate or guardian ad litem for the child; 
(17)  A homemaker; 
(18)  A home health aide; 
(19)  A medical or social service worker; 
(20)  A psychologist; 
(21)  Child care personnel; 
(22)  A mental health professional; 
(23)  A law enforcement official; 
(24)  A state or municipal fire inspector; 
(25)  A municipal code enforcement official; 
(26)  A commercial film and photographic print processor; 
(27)  A clergy member acquiring the information as a result of clerical 
professional work except for information received during confidential 
communications; 
(28)  A chair of a professional licensing board that has jurisdiction over mandated 
reporters;  
(29)  A humane agent employed by the Department of Agriculture, Conservation 
and Forestry; 
(30)  A sexual assault counselor;  
(31)  A family or domestic violence victim advocate; and 
(32)  A school bus driver or school bus attendant; and 
(33)  A polygraph examiner; 
Sec. 4.  32 MRSA c. 85, as amended, is repealed. 
Sec. 5.  32 MRSA c. 86 is enacted to read: 
CHAPTER 86 
POLYGRAPH EXAMINERS ACT 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§7351.  Short title 
This chapter may be known and cited as "the Polygraph Examiners Act." 
§7352.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Board.  "Board" means the Polygraph Examiners Board established under Title 5, 
section 12004-A, subsection 50. 
2.  Commissioner.  "Commissioner" means the Commissioner of Public Safety. 
3.  Department.  "Department" means the Department of Public Safety. 
4.  Instrument.  "Instrument" means a device used to test a subject to directly or 
indirectly detect deception or verify the truth of a statement by, at a minimum, recording 
visually, permanently and simultaneously a subject's cardiovascular, respiratory and 
electrodermal patterns. 
5.  Intern.  "Intern" means a person who holds a polygraph examiner intern license 
under this chapter. 
6.  Polygraph examiner.  "Polygraph examiner" means a person licensed under this 
chapter to use an instrument. 
7.  Polygraph examiner internship.  "Polygraph examiner internship" means a 
course of study of polygraph examinations and of the administration of polygraph 
examinations by an intern under the supervision and control of a polygraph examiner. 
§7353.  License required to maintain action or counterclaim 
A person may not maintain an action or counterclaim against another person in a 
court in this State with respect to an agreement for or the performance of a service for 
which a license is required by this chapter, including the recovery of any compensation 
under the agreement or for the service, unless the person alleges and proves that the other 
person was licensed at the time of making the agreement or performing the service. 
§7354.  General criminal penalty 
1.  General violation.  A person commits a Class E crime if the person: 
A.  Intentionally violates this chapter other than section 7363; or 
B.  Falsely represents that the person: 
(1)  Has been or is a polygraph examiner or intern; or 
(2)  Is qualified to use an instrument. 
2.  Violation of confidentiality.  A person commits a Class D crime if the person 
intentionally violates section 7363. 
SUBCHAPTER 2 
POLYGRAPH EXAMINATION ADMINISTRATION GENERALLY 
§7361.  Polygraph examiner's duties and responsibilities generally 
1.  Duties and responsibilities.  A polygraph examiner or an intern shall: 
A.  Abide by the provisions of this chapter and rules adopted pursuant to this chapter;  
B.  Ensure that confidential information protected under section 7363 is disclosed 
only as authorized by that section; 
C.  Inform a subject to be examined of the nature of the examination; 
D.  Inform the subject of an examination of the examination results on request at the 
completion of the examination; and 
E.  Provide within a reasonable time information requested by the board as the result 
of a formal complaint to the board alleging a violation of this chapter. 
2.  Prohibitions.  A polygraph examiner or an intern may not: 
A.  Aid or abet another to violate this chapter or a rule adopted under this chapter; 
B.  Allow the person's license issued under this chapter to be used by an unlicensed 
person in violation of this chapter; 
C.  Make a material misstatement in an application for the issuance or renewal of a 
license; 
D.  Make a misrepresentation or false promise or cause the printing of a false or 
misleading advertisement to directly or indirectly obtain business; 
E.  Conduct an examination without the informed consent of the subject of the 
examination; 
F.  Administer a polygraph examination to a minor without the written consent of a 
parent of the minor or the minor's legal guardian;  
G.  Make a false report concerning an examination for polygraph examination 
purposes; and 
H.  Commit a criminal offense, including, but not limited to, an offense that directly 
relates to the duties and responsibilities of a polygraph examiner. 
3.  Mandatory reporting.  A polygraph examiner shall: 
A.  Inform each subject of an examination, prior to the commencement of any part of 
a polygraph examination, that any information disclosed by the subject of an 
examination to the polygraph examiner that requires that a report be made to the 
Department of Health and Human Services pursuant to Title 22, section 3477 or 
4011-A will be reported to that department; and 
B.  Report any information that must be reported to the Department of Health and 
Human Services pursuant to Title 22, section 3477 or 4011-A if a subject of an 
examination discloses any information to the polygraph examiner that requires that 
such a report be made. 
4.  Disciplinary action.  A person who fails to comply with this section is subject to 
disciplinary action pursuant to section 7388. 
§7362.  Minimum polygraph instrument requirements 
1.  Minimum instrument requirements.  An instrument must record visually, 
permanently and simultaneously a subject's cardiovascular, respiratory and electrodermal 
patterns.  An instrument used by a polygraph examiner may also record patterns of other 
physiological changes. 
2.  Other devices prohibited.  The use of any device by a polygraph examiner for 
the purpose of directly or indirectly detecting deception or verifying truth of statements 
that does not meet the minimum instrument requirements set forth in subsection 1 is 
prohibited. 
§7363.  Confidentiality of polygraph examination results and related records 
1.  Disclosure prohibited.  A polygraph examiner, intern or employee of a polygraph 
examiner may not disclose information acquired from a polygraph examination to another 
person other than: 
A.  The subject of the examination; 
B.  Any other person specifically designated in writing by the subject of the 
examination; 
C.  A member or agent of a governmental agency that licenses a polygraph examiner 
or supervises or controls a polygraph examiner's activities;  
D.  Another polygraph examiner in private, professional consultation; or 
E.  The Department of Health and Human Services pursuant to Title 22, section 3477 
or 4011-A, to the extent required. 
2.  Further disclosure prohibited.  A polygraph examiner or other person to whom 
information acquired from a polygraph examination is disclosed under subsection 1, 
paragraph D may not further disclose the information, except as otherwise authorized by 
this section or required by Title 22, section 3477 or 4011-A. 
3.  Examination records.  Notwithstanding any other provision of law, the pre-test, 
in-test and post-test records associated with the administration of a polygraph 
examination, including, but not limited to, video and audio recordings, graphs and 
examination results, are confidential for the purposes of Title 1, chapter 13 and are not 
subject to compulsory legal process or otherwise discoverable or admissible in evidence 
in any civil action in any state or federal court unless the confidentiality is expressly 
waived, in writing, by the subject of the examination. 
4.  Records in custody of board.  Records in the custody of the board are 
confidential if those records contain: 
A.  Personal medical information of an applicant or licensee under this chapter; or 
B.  Personally identifying information of a minor to whom a polygraph examination 
has been administered. 
§7364.  Information included in contract for services and waiver of liability 
If a written contract for a polygraph examiner's services or a waiver of liability is 
signed by the subject of a polygraph examination, the contract and waiver must inform 
the subject of the procedures for filing a complaint with the board against the polygraph 
examiner and contain the name, mailing address and telephone number of the board. 
SUBCHAPTER 3 
POLYGRAPH EXAMINERS BOARD 
§7371.  Polygraph Examiners Board 
1.  Members.  The Polygraph Examiners Board consists of 5 members appointed by 
the Governor, as follows: 
A.  Two licensed polygraph examiner members who are polygraph examiners for a 
state, county or municipal law enforcement agency; 
B.  Two licensed polygraph examiner members who are polygraph examiners in a 
commercial field; and 
C.  One member who represents the public. 
2.  Residency.  A member of the board must have been a resident of this State for at 
least 2 years immediately preceding the date of appointment. 
3.  Active engagement.  Except for the member of the board who represents the 
public, a member of the board must be actively engaged as a polygraph examiner on the 
date of appointment to the board. 
4.  Employment.  No 2 board members may be employed by the same employer. 
5.  Meetings.  The board shall meet as needed, but at least twice annually. 
6.  Terms.  Board members serve 3-year terms. 
7.  Vacancies.  If a vacancy occurs on the board, the Governor shall appoint a 
successor to fill the unexpired term. 
8.  Chair.  The board shall select from among its members a chair to serve for a 
2-year term. 
9.  Staff.  The department shall provide staffing necessary to administer the work of 
the board.  
A.  Staff of the department provided pursuant to this subsection are authorized to 
review and approve applications for licensure or renewal in accordance with criteria 
established in statute or in rules adopted by the board.  
B.  Licensing decisions made by staff under paragraph A may be appealed to the 
board. 
§7372.  Board authority; powers and duties 
1.  General authority.  In addition to the authority otherwise conferred to the board, 
unless expressly prohibited by this chapter or otherwise modified or conditioned under 
this chapter, the board may take one or more actions under Title 10, section 8003, 
subsection 5, paragraphs A-1 to F and Title 10, section 8003, subsection 5-A, paragraphs 
A to G. 
2.  Rules.  The board may adopt rules necessary to administer this chapter, including, 
but not limited to, standards and procedures for the issuance, revocation and suspension 
of licenses of polygraph examiners and interns, continuing education requirements and 
the investigation of written charges and complaints filed with the board.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
SUBCHAPTER 4 
LICENSURE 
§7381.  License application 
1.  Application.  An application for a polygraph examiner license or polygraph 
examiner intern license must: 
A.  Be complete and made to the board, in the manner and including the information 
prescribed by the board; and 
B.  Be accompanied by the required nonrefundable fee.  A fee for any license under 
this chapter may be charged only in an amount reasonably calculated by the 
department to cover the aggregate costs of the administration of this chapter by the 
department and the board. 
2.  Term of polygraph examiner license.  A polygraph examiner license is issued 
for a 2-year term and may be renewed. 
3.  Term of polygraph examiner intern license.  A polygraph examiner intern 
license expires on the first anniversary of the date of issuance and may be renewed once.  
After the expiration of the original term of a polygraph examiner intern license and 
renewal of that license granted by the board, an intern may not hold another polygraph 
examiner intern license before the first anniversary of the date the intern's previous 
polygraph examiner intern license expired.  
4.  Sole authority.  Except as provided in section 7371, subsection 9, paragraph A, 
the board has sole authority to issue a license under this chapter. 
§7382.  Qualifications for license 
1.  Qualifications.  A person is qualified for a polygraph examiner license if the 
person: 
A.  Has not been convicted of a crime for which a license may be denied under Title 
5, chapter 341; 
B.  Either: 
(1)  Holds a baccalaureate degree from a college or university accredited by an 
organization recognized by the board; or 
(2)  Has at least 5 years of active investigative experience with an investigative 
service of the United States as a sworn member of a branch of the United States 
Armed Forces, a federal investigative agency or a law enforcement agency 
immediately preceding the date of application; 
C.  Is a graduate of a board-approved polygraph examiner course and has 
satisfactorily completed at least 6 months of a polygraph examiner internship; and 
D.  Has passed an examination approved by the board to determine the person's 
competency for a license. 
2.  Examination.  The board shall provide for an examination for licensure under this 
chapter to be administered as needed, but at least at 3-month intervals. 
§7383.  Nonresident applicant for license 
1.  Consent to action.  In addition to meeting all other requirements for a license, an 
applicant for the issuance or renewal of a polygraph examiner license who is not a 
resident of this State must file with the board an irrevocable consent to have: 
A.  An action against the applicant filed in a court in a county or municipality of the 
state in which: 
(1)  The plaintiff resides; or 
(2)  A part of the transaction out of which the alleged cause of action arose 
occurred; and 
B.  Process in the action under paragraph A served on the applicant by leaving 2 
copies of the process with the board.  Service of process in the manner described 
under this paragraph is binding for all purposes. 
2.  Copy to applicant.  The board shall immediately send by registered or certified 
mail a copy of the process under subsection 1, paragraph B to the applicant at the address 
shown on board records. 
§7384.  Applicant with out-of-state license  
The board may grant a license to an applicant who holds a valid license from another 
state that has license requirements substantially equivalent to or more stringent than those 
of this State. 
§7385.  Continuing education 
A polygraph examiner shall participate in continuing education programs as required 
by rules of the board. 
§7386.  License holder information 
A polygraph examiner or intern shall notify the board in writing of a change in the 
polygraph examiner's or intern's principal business location or residential location not 
later than the 30th day after the date the change is made. 
§7387.  Display of license  
A polygraph examiner or intern shall prominently display the polygraph examiner's 
or intern's license or a copy of the license at the polygraph examiner's or intern's place of 
business or place of internship, as appropriate. 
§7388.  License denial and disciplinary action 
1.  Disciplinary action.  The board may take action under subsection 2 against an 
applicant or license holder who violates any of the provisions of section 7361, subsection 
or 2 or who is determined by a licensed, qualified medical doctor to be medically 
incapacitated or otherwise unable to conduct polygraph examinations. 
2.  Forms of discipline.  If the board determines that action against an applicant or 
license holder is allowed under subsection 1, the board may impose the forms of 
discipline described in Title 10, section 8003, subsection 5-A, paragraph B. 
3.  Jurisdiction; payment of penalties.  The board's jurisdiction to suspend or 
revoke a polygraph examiner license is concurrent with that of the District Court.  Civil 
penalties must be paid to the Treasurer of State. 
4.  Hearing required in certain actions.  A nonconsensual disciplinary action taken 
under authority of this chapter other than denial or nonrenewal of a license may be 
imposed only after a hearing conforming to the requirements of Title 5, chapter 375, 
subchapter 4 and is subject to judicial review exclusively in the Superior Court in 
accordance with Title 5, chapter 375, subchapter 7. 
5.  Appeal.  A nonconsensual revocation of a polygraph examiner license taken under 
authority of this chapter, upon appeal within the time frames provided in Title 5, section 
11002, subsection 3, is subject to de novo judicial review exclusively in District Court. 
6.  Hearing upon request.  The board shall hold a hearing conforming to the 
requirements of Title 5, chapter 375, subchapter 4 at the written request of any person 
who is denied an initial or renewal license without a hearing for any reason other than 
failure to pay a fee, if the request for hearing is received by the board 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 request a hearing.  
7.  Subpoena.   The board may subpoena witnesses, records and documents in any 
adjudicatory hearing it conducts. 
8.  Costs of record production in appeals.  In the event of appeal to Superior Court 
from any form of discipline imposed pursuant to this chapter, including denial or 
nonrenewal of a license, the board may assess the applicant making the appeal for the 
costs of transcribing and reproducing the administrative record.  
§7389.  Surrender of license  
A licensee whose license is suspended or revoked by the board shall immediately 
surrender the license to the board. 
Sec. 6.  Polygraph Examiners Board; staggered terms.  Notwithstanding the 
Maine Revised Statutes, Title 32, section 7371, subsection 6, of the initial members 
appointed to the Polygraph Examiners Board, the Governor shall appoint 2 members for 
terms of 3 years, 2 members for terms of 2 years and one member for a term of one year. 
Sec. 7.  Effective date.  This Act takes effect April 1, 2014. 
SUMMARY 
This bill repeals and replaces the existing polygraph examiner licensing statutes 
effective April 1, 2014.