An Act To Update the Polygraph Examiner Licensing Laws
Maine Legislature, Session 126, LD 1373
Committee Amendment CA_A_S287 (Senate)
Amends: 32 MRSA §7371

COMMITTEE AMENDMENT "A " to S.P. 480, L.D. 1373, Bill, "An Act To 
Update the Polygraph Examiner Licensing Laws" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRS A §12004-I, sub-§74-H is enacted to read: 
74-H. 
Public Safety 
Polygraph 
Not Authorized 
Examiners Advisory 
Board 
Sec. 2. 32 MRSA c. 85, as amended, is repealed. 
Sec. 3. 32 MRSA c. 86 is enacted to read: 
CHAPTER 86 
POLYGRAPH EXAMINERS ACT 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§7351. Short title 
MRSA §7371 
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 Advisory Board under section 
7371. 
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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. Commissioner; powers and duties 
1. Administer and enforce. The commissioner shall administer and enforce this 
chapter . 
2. Rules. The commissioner shall adopt rules necessary to carry out the purposes of 
this chapter. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
3. Board. The commissioner shall consult with the board concerning the licensing 
of polygraph examiners, polygraph examiner internship requirements and any other 
matters necessary for the administration of this chapter. 
§7354. 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. 
§7355. General criminal penalty 
1. General violation. A person commits a Class E crime if the person: 
A. Intentionally violates this chapter other than section 7365; 
B. Falsely represents that the person: 
(1) Has been or is a polygraph examiner or intern; or 
(2) Is qualified to use an instrument; or 
C. Maintains possession of a suspended or revoked polygraph examiner license. 
2. Violation of confidentiality. A person commits a Class D crime if the person 
intentionally violates section 7365. 
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COMMITTEE AMENDMENT "A "to S.P. 480, L.D. 1373 
SUBCHAPTER 2 
POLYGRAPH EXAME'l'ATION 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 infonnation protected under section 7365 is disclosed 
only as authorized by that sel;tion; 
C. Infonn a subject to be examined of the nature of the examination; 
D. Infonn the subject of an examination of the examination results on request at the 
completion of the examination; and 
E. Provide within a reasonable time infonnation requested by the commissioner as 
the result of a fonnal complaint to the commissioner 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 misstatl~ment 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 infonned 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; or 
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. 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, 
pennanently and simultaneously a subject's cardiovascular, respiratory and electrodennal 
patterns. An instrument used by a polygraph examiner may also record patterns of other 
physiological changes. 
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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. Prohibitions 
1. 
Practice without a license. 
A person may not administer polygraph 
examinations, purport to be a polygraph examiner or use any other title that would cause 
members of the public to believe that the person is a polygraph examiner without first 
securing a license under this chapter. This prohibition does not apply to an employee of 
the Federal Government who administers polygraph examinations in the course of 
employment or who purports to be a polygraph examiner in connection with employment. 
2. 
Prohibited questioning. 
A polygraph examiner conducting a polygraph 
examination may not ask any questions pertaining to sexual behavior of any type or 
questions that could be construed as being sexually oriented, unless the examination is 
conducted either in the course of a criminal investigation by law enforcement officials or 
in the course of civil litigation in which sexual behavior is at issue or the examination is 
conducted for the purpose of ensuring compliance with court-ordered sex offender 
treatment. This prohibition does not apply to polygraph examinations for applicants for 
positions in law enforcement agencies. If the polygraph examination is conducted for the 
purpose of ensuring compliance with court-ordered sex offender treatment, the results of 
the examination are not admissible into evidence in a court proceeding. 
3. Political or religious beliefs. A polygraph examiner may not ask questions 
regarding the political or religious beliefs of any individual during a polygraph 
examination, except when the examination is conducted in the course of a criminal 
investigation conducted by law enforcement officials and the political or religious beliefs 
of the individual may be relevant to that investigation. 
4. Knowledge and consent. A polygraph examiner may not conduct a polygraph 
examination without the subject's fulllmowledge and consent. 
§7364. Limitations on uses in employment 
1. Preemployment screening. An employer may not, directly or indirectly, require, 
request or suggest that an applicant for employment submit to a polygraph examination as 
a condition of obtaining employment or administer or cause to be administered to an 
applicant such an examination or use or refer to the results of such an examination for 
hiring purposes. For purposes of this subsection, "employer" includes an employment 
agency and "applicant" includes a person seeking to use an employment agency's 
services. 
2. Current employees. An employer may not, directly or indirectly, require, request 
or suggest that an employee submit to a polygraph examination as a condition of 
continued employment or administer or cause to be administered to an employee such an 
examination or use or refer to the results of such an examination for employment 
purposes. 
3. 
Exception. 
This section does not apply to employees of or applicants for 
employment with law enforcement agencies. 
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4. Voluntary reguest. This section does not prohibit an employee from voluntarily 
requesting a polygraph examination in connection with employment or an employer from 
using or referring to the results of any examination so requested, except that the results of 
that examination may not be used against the employee by the employer for any purpose, 
the employer must give the employee a copy of this chapter when the employee requests 
the examination and the examination must be recorded or a witness of the employee's 
choice must be present during th(~ examination, or both, as the employee requests. 
§7365. 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, or 
records resulting from a polygraph examination, to another person other than: 
A. The subject of the examination; 
B. 
Any other person spedfically designated in writing by the subiect of the 
examination; 
C. A member or agent of the department that licenses a polygraph examiner or law 
enforcement agency that supc~rvises or controls a polygraph examiner's activities: or 
D. Another polygraph examiner in private. professional consultation. 
2. Further disclosure prohibited. A polygraph examiner or other person to whom 
information acquired from a polygraph examination is disclosed under subsection 1 may 
not further disclose the information. 
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 that is administered for preemployment screening purposes or in association 
with a law enforcement investigation are confidential for the purposes of Title 1. chapter 
and are not subject to compulsory legal process or otherwise discoverable or 
admissible in evidence in any civil action unless the confidentiality is expressly waived, 
in writing, by the subject of the examination. For purposes of this subsection, "records" 
includes, but is not limited to, video and audio recordings, graphs and examination 
results. 
4. 
Records in custody of commissioner. 
Records in the custody of the 
commissioner pursuant to this chapter 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. 
§7366. 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 or waiver must inform the 
subject of the procedures for tiling a complaint with the commissioner against the 
polygraph examiner and contain the name, mailing address and telephone number of the 
department. 
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SUBCHAPTER 3 
POLYGRAPH EXAMINERS ADVISORY BOARD 
§7371. Polygraph Examiners Advisory Board 
1. 
Establishment; advise commissioner. 
The Polygraph Examiners Advisory 
Board, as established by Title 5, section 12004-1, subsection 74-H, shall act as an 
advisory board to the commissioner on issues relating to the licensing and regulation of 
polygraph examiners. 
2. 
Members. The board consists of 5 members appointed by the Governor as 
follows: 
A. Two polygraph examiners, each of whom is a polygraph examiner for a state, 
county or municipal law enforcement agency; 
B. Two polygraph examiners who are polygraph examiners in a commercial field: 
and 
C. One member who represents the public. 
3. 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. 
4. Active en2a2ement. 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. 
S. Employment. No 2 board members may be employed by the same employer. 
6. Meetin2s. The board shall meet as needed, but at least twice annually. 
7. Terms. Board members serve 3-year terms. 
8. 
Vacancies. If a vacancy occurs on the board, the Governor shall appoint a 
successor to fill the unexpired term. 
9. Chair. The board shall select from among its members a chair to serve for a 
2-year term. 
10. Powers and duties. The board shall: 
A. Advise the commissioner on proposed rules: 
B. At the request of the commissioner, review written examinations for polygraph 
examiner license applicants and provide advice regarding polygraph examiner 
internship requirements: 
C. At the request of the commissioner, provide advice on granting, suspending and 
revoking the licenses of polygraph examiners: 
D. Propose standards governing the conduct of persons licensed under this chapter, 
which may be incorporated by reference into rules adopted by the commissioner: and 
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E. 
At the request of the Gommissioner, provide advice and information on any 
matters the commissioner determines appropriate or necessary to administer this 
chapter. 
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 commissioner, in the manner and including the 
information prescribed by the commissioner; and 
B. Be accompanied by the required nomefundable fee. A fee for any license under 
this chapter may be charged only in an amount reasonably calculated by the 
commissioner to cover the a!!gregate costs of the administration of this chapter by the 
department. 
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 commissioner, an intern may not hold another 
polygraph examiner intern license before the first anniversary of the date the intern's 
previous polygraph examiner intl~rn license expired. 
4. Sole authority. The commissioner has sole authority to issue a license under this 
chapter. 
§7382. Qualifications for licelliie 
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 commissioner: 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 commissioner-approved polygraph examiner course and has 
satisfactorily completed at least 6 months of a polygraph examiner internship; and 
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COMMITTEE AMENDMENT "A "to S.P. 480, L.D. 1373 
D. 
Has passed an examination approved by the commissioner to detennine the 
person's competency for a license. 
2. Examination. The commissioner 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 commissioner 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 commissioner. 
Service of process in the manner 
described under this paragraph is binding for all purposes. 
2. Copy to applicant. The commissioner 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 department records. 
§7384. Applicant with out-or-state license 
The commissioner 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 commissioner. 
§7386. License holder information 
A polygraph examiner or intern shall notify the commissioner 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. 
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§7388. Refusal; suspension; revocation; disciplinary action; grounds 
The commissioner may deny a license, refuse to renew a license, suspend or revoke a 
license or impose disciplinary or probationary conditions, fines or costs of hearing and 
investigation on a polygraph examiner or intern, as well as issue a written warning, for: 
1. Violation of chapter or !rUle. A violation of any provision of this chapter or any 
rule adopted by the commissioner.;. 
2. Violation of standards of acceptable professional conduct. A violation of the 
standards of acceptable professional conduct adopted by rule by the commissioner; or 
3. Cause for refusal. The; commission of an act that would have been cause for 
refusal to issue a license had the act occurred and been known to the commissioner at the 
time of issuance of a license. 
A decision to deny, revoke or suspend a license or to impose disciplinary action of 
any kind under this chapter may be appealed pursuant to the Maine Administrative 
Procedure Act. 
§7389. Surrender of license 
A polygraph examiner or i.ntern whose license is suspended or revoked by the 
commissioner shall immediately surrender the license to the commissioner. 
§7390. Administrative actions; Maine Administrative Procedure Act 
The Maine Administrative Procedure Act applies to and governs all administrative 
actions taken under this chapter. 
Sec. 4. 
Polygraph Examiners Advisory Board; staggered terms. 
Notwithstanding the Maine Revised Statutes, Title 32, section 7371, subsection 7, of the 
initial members appointed to the Polygraph Examiners Advisory Board, the Governor 
shall appoint 2 members for tenns of 3 years, 2 members for terms of 2 years and one 
member for a term of one year. 
Sec. 5. Effective date. This Act takes effect April I, 2014.' 
SUMMARY 
This amendment makes the following changes to the bill. 
I. 
It provides that the Commissioner of Public Safety is responsible for 
administering the laws governing polygraph examiners, as in current law, and it changes 
the status and role of the proposed Polygraph Examiners Board to an advisory board, 
which the amendment renames the Polygraph Examiners Advisory Board, that is 
responsible for providing advke to the commissioner on licensing issues related to 
polygraph examiners and administration of the polygraph examiner licensing laws. 
2. It removes provisions in the bill that add polygraph examiners to the list of 
mandated reporters of suspect'ed abuse or neglect of children or incapacitated or 
dependent adults. 
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COMMlITEE AMENDMENT "A "to S.P. 480, L.D. 1373 
3. It adds to the list of licensing violations the act of maintaining possession of a 
suspended or revoked license. 
4. It includes the provisions in current law governing prohibitions on the use of 
polygraph examinations and the limitations on their uses in employment. 
5. It removes provisions in the bill that add administrative staff to the board. 
6. 
It removes provisions in the bill that allow the board to take licensing and 
disciplinary action against licensees. 
7. It adds language governing the commissioner's authority to deny a license, refuse 
to renew a license, suspend or revoke a license or impose disciplinary or probationary 
conditions, fines or costs of hearing and investigation on a polygraph examiner or intern, 
as well as issue a written warning. 
8. It adds language to provide that the Maine Administrative Procedure Act applies 
to all administrative actions taken under these provisions, as well as to authorize the 
commissioner to adopt rules to administer these provisions, which are routine technical 
rules. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 0611 0/l3 
7W'tZc;. 
LD 1373 
LR 444(02) 
An Act To Update the Polygraph Examiner Licensing Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'P.' (s -2..3'1-) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class E crimes. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Public Safety associated with implementing the provisions of this legislation 
can be absorbed within existing budgeted resources. 
LR0444(02) - Fiscal Note - Page 1 of 1