An Act To Amend the Licensing Laws of Certain Professions and Occupations
Maine Legislature, Session 129, LD 1746
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: HERBIG
Amends: 10 MRSA §8003, 32 MRSA §1202-A, 32 MRSA §3114-A, 32 MRSA §14035, 32 MRSA §14036, 32 MRSA §14037, 32 MRSA §17101, 32 MRSA §17103, 32 MRSA §17301, 32 MRSA §17308

Legislative Document
No. 1746
S.P. 580
In Senate, May 16, 2019
An Act To Amend the Licensing Laws of Certain Professions and 
Occupations
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204.
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HERBIG of Waldo.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  10 MRSA §8003, sub-§2-A, ¶D, as amended by PL 2001, c. 323, §9 
and PL 2011, c. 286, Pt. B, §5, is further amended to read:
D.  To establish by rule and after reasonable notice to the affected board all fees 
necessary and appropriate for all boards, commissions and regulatory functions 
within the office, subject to any fee cap established by statute and applicable to that 
board, commission or regulatory function.  The Director of the Office of Professional 
and Occupational Regulation shall set the criteria for all fees.  The criteria must 
include, but are not limited to, the costs, statutory requirements, enforcement 
requirements and fees and expenses of each board, commission or regulatory 
function.  The Director of the Office of Professional and Occupational Regulation, by 
order, may lower any fee established pursuant to this paragraph.  Rules adopted 
pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, 
subchapter II-A 2-A;
Sec. A-2.  10 MRSA §8003, sub-§5-A, ¶A, as amended by PL 2009, c. 112, Pt. 
B, §4, is further 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 
a 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)  Conviction of a crime to the extent permitted by Title 5, chapter 341;
(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
(11)  Any violation of a requirement imposed pursuant to section 8003-G.; or
(12)  Failure to provide to a patient, upon written request, a copy of that patient's 
treatment records within a reasonable amount of time as may be determined by 
the applicable board.
PART B
Sec. B-1.  32 MRSA §1202-A, sub-§2, ¶A, as enacted by PL 2017, c. 198, §17, 
is amended to read:
A.  A journeyman electrician may make electrical installations while employed by a 
supervising master electrician, limited electrician or electrical company.  A person 
licensed under this subsection may supervise:
(1)  Two helper electricians who are enrolled in, or have completed, a program of 
study consisting of 576 hours of education as approved by the board or from an 
accredited institution;
(2)  Two apprentice electricians; or
(3)  One Two helper electrician electricians.
Sec. B-2.  32 MRSA §1202-A, sub-§4, ¶A, as enacted by PL 2017, c. 198, §17, 
is amended to read:
A.  A master electrician may make electrical installations without limitation.  A 
master electrician is responsible for verifying the current licensure of all of that 
master electrician's employees, if licensure is applicable, prior to and during 
employment.  Master electricians are responsible for any electrical installation they 
perform and for the electrical installations of individuals they supervise at the time of 
the electrical installations.
A master electrician may supervise 2 helper electricians who are enrolled in, or have 
completed, a program of study consisting of 576 hours of education as approved by 
the board or from an accredited institution; 2 apprentice electricians; or one 2 helper 
electrician electricians.  Any helper electrician or apprentice electrician must be 
employed by a master electrician and be under the master electrician's supervision.
A master electrician may supervise an unlimited number of licensed journeyman 
electricians, journeyman-in-training electricians or limited electricians.
Sec. B-3.  32 MRSA §1202-A, sub-§4, ¶B, as corrected by RR 2017, c. 1, §28, is 
amended to read:
B.  In order to obtain a license under this subsection, a person must first pass an 
examination approved by the board and provide evidence of having:
(1)  Worked at least 12,000 hours in the field of electrical installations as a 
licensed helper electrician or apprentice electrician under the direct supervision 
of a master electrician, journeyman electrician or limited electrician, or worked at 
least 4,000 hours in the field of electrical installations as a journeyman electrician 
or journeyman-in-training electrician under the indirect supervision of a master 
electrician or limited electrician or worked at least 6,000 hours in the field of 
electrical installations as a journeyman-in-training electrician and having have 
completed a program of study consisting of 576 hours as approved by the board 
or from an accredited institution.  The 576 hours must consist of 450 hours of 
required study, including a course of 45 hours in the current National Electrical 
Code and 126 hours of degree-related courses; or
(2)  Comparable work experience or education or training, or a combination of 
work experience, education and training, completed within the State or outside 
the State, that is acceptable to the board.
Sec. B-4.  32 MRSA §1202-A, sub-§5, ¶A, as enacted by PL 2017, c. 198, §17, 
is amended to read:
A.  A limited electrician may only make electrical installations authorized by the 
specific limited license category.  A limited electrician is responsible for verifying the 
current licensure of all employees, if licensure is applicable, prior to and during 
employment.  Limited electricians are responsible for any electrical installation work 
they perform and for work of individuals they supervise at the time of electrical 
installation.
A limited electrician may supervise 2 helper electricians who are enrolled in, or have 
completed, a program of study consisting of 576 hours of education as approved by 
the board or from an accredited institution; 2 apprentice electricians; or one 2 helper 
electrician electricians.  A limited electrician may supervise helper electricians or 
apprentice electricians only in the performance of electrical installations authorized 
by the limited electrician's specific limited license category.
PART C
Sec. C-1.  32 MRSA §3114-A, sub-§1, ¶A, as amended by PL 1999, c. 386, Pt. 
K, §3, is repealed.
PART D
Sec. D-1.  32 MRSA §14035, sub-§2, as amended by PL 2013, c. 547, §5 and 
affected by §19, is further amended to read:
2.  Professional qualifications.  An applicant for a certified general real property 
appraiser license must meet the licensing requirements established by the appraiser 
qualifications board.  As a prerequisite to taking the examination required by section 
14035-A, an applicant must: meet the requirements specified in rules adopted by the 
appraiser qualifications board.
A.  Hold a bachelor's or higher degree from an accredited college or university;
B.  Satisfactorily complete 300 creditable class hours as specified in the appraiser 
qualifications board's required core curriculum, which must include the 15-hour 
national uniform standards of professional appraisal practice course and examination; 
and
D.  Hold a valid license under this chapter and demonstrate 3,000 hours of appraisal 
experience obtained during no fewer than 30 months, including 1,500 hours of 
nonresidential appraisal work.
Sec. D-2.  32 MRSA §14036, sub-§2, as amended by PL 2013, c. 547, §8 and 
affected by §19, is further amended to read:
2.  Professional qualifications.  An applicant for a certified residential real property 
appraiser license must meet the licensing requirements established by the appraiser 
qualifications board.  As a prerequisite to taking the examination required by section 
14036-A, an applicant must: meet the requirements specified in rules adopted by the 
appraiser qualifications board.
A.  Hold a bachelor's or higher degree from an accredited college or university;
B.  Satisfactorily complete 200 creditable class hours as specified in the appraiser 
qualifications board's required core curriculum, which must include the 15-hour 
national uniform standards of professional appraisal practice course and examination; 
and
D.  Hold a valid license under this chapter and demonstrate 2,500 hours of appraisal 
experience obtained during no fewer than 24 months, including complex residential 
property appraisals completed under the supervision of a certified residential real 
property appraiser or a certified general real property appraiser under section 14035.
Sec. D-3.  32 MRSA §14037, sub-§2, as amended by PL 2013, c. 547, §11 and 
affected by §19, is further amended to read:
2.  Professional qualifications.  An applicant for a residential real property appraiser 
license must meet the licensing requirements established by the appraiser qualifications 
board.  As a prerequisite to taking the examination required by section 14037-A, an 
applicant must: meet the requirements specified in rules adopted by the appraiser 
qualifications board.
A.  Satisfactorily complete 150 creditable class hours as specified in the appraiser 
qualifications board's required core curriculum, which must include the 15-hour 
national uniform standard of professional appraisal practice course and examination;
C.  Hold a valid license under this chapter and demonstrate 2,000 hours of appraisal 
experience obtained during no fewer than 12 months; and
D.  Hold an associate or higher degree from an accredited college or university or 
have successfully completed 30 semester credit hours of college-level courses from 
an accredited college, junior college, community college or university.
PART E
Sec. E-1.  32 MRSA §17101, sub-§16, as enacted by PL 2007, c. 369, Pt. C, §3 
and affected by §5, is amended to read:
16.  Speech-language pathology assistant.  "Speech-language pathology assistant" 
means an individual who meets minimum qualifications that the board may establish for 
speech-language pathology assistants, that are less than those qualifications established 
by this chapter for licensure as a speech-language pathologist, but must include an 
associate's associate degree or its equivalent, as determined by the board, or a higher 
degree in the field of communication disorders.
Sec. E-2.  32 MRSA §17103, sub-§6, as enacted by PL 2007, c. 369, Pt. C, §3 
and affected by §5, is amended to read:
6.  Speech-language pathology assistants.  Registration Licensure may be granted 
to an individual who meets the minimum qualifications for a speech-language pathology 
assistant established by the board and who is supervised by a licensed speech-language 
pathologist, as set forth by the board by rule. Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. E-3.  32 MRSA §17301, sub-§5, as enacted by PL 2007, c. 369, Pt. C, §3 
and affected by §5, is amended to read:
5.  Speech-language pathology assistant.  A speech-language pathology assistant 
must have an associate's associate degree or higher from an accredited institution in the 
field of communication disorders, or its equivalent as determined by the board, and must 
meet such other minimum qualifications as the board may establish.
Sec. E-4.  32 MRSA §17308, first ¶, as enacted by PL 2007, c. 369, Pt. C, §3 and 
affected by §5, is amended to read:
A license issued under this chapter expires at a time that the commissioner may 
designate.  Every individual licensed under this chapter shall pay the renewal fee as set 
under section 17309. Renewals are contingent upon evidence of participation in 
continuing professional education as determined by the board; temporary licenses 
licensees, speech-language pathology assistants and trainee permits trainees are exempt 
from this requirement.  A license may be renewed up to 90 days after the date of its 
expiration upon payment of the late fee and renewal fee under section 17309.  An 
individual who submits an application for renewal more than 90 days after the license 
expiration date is subject to all requirements governing new applicants under this chapter, 
except that the board may, in its discretion, waive examination if that renewal application 
is received together with the late fee and renewal fee under section 17309 within 2 years 
from the date of the expiration.
SUMMARY
The bill makes the following changes to the licensing laws of certain professions and 
occupations.
1.  It provides authority for the Director of the Office of Professional and 
Occupational Regulation within the Department of Professional and Financial Regulation 
to reduce license fees by order.
2.  It adds failure by a licensee to provide treatment records to a patient within a 
reasonable time when requested by the patient in writing as a new ground for discipline.
3.  It increases from one to 2 the number of helper electricians that may be supervised 
by a master, journeyman or limited electrician at any one time and corrects an error in 
hours of work experience required for a journeyman-in-training to apply for a master 
electrician license.
4.  It repeals current license requirements for real estate appraisers and replaces them 
with less stringent license requirements adopted by rule by the federally authorized 
appraiser qualifications board.
5.  It authorizes the issuance of licenses to speech-language pathology assistant 
applicants who have a degree higher than an associate degree and exempts temporary 
licensees, speech-language pathology assistants and trainee licensees from continuing 
education requirements at the time of license renewal.