An Act To Facilitate Licensure for Credentialed Individuals from Other Jurisdictions
Maine Legislature, Session 130, LD 0149
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: CLOUTIER
Amends: 10 MRSA §8003, 10 MRSA §8003-H

Legislative Document
No. 149
H.P. 105
House of Representatives, January 21, 2021
An Act To Facilitate Licensure for Credentialed Individuals from 
Other Jurisdictions
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204.
Received by the Clerk of the House on January 19, 2021.  Referred to the Committee on 
Innovation, Development, Economic Advancement and Business pursuant to Joint Rule 308.2 
and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CLOUTIER of Lewiston.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §8003, sub-§2-A, ¶M, as enacted by PL 2017, c. 173, §2, is 
amended to read:
M.  To exercise discretionary authority, after consultation with the appropriate 
licensing boards if applicable board, commission or personnel administering a 
regulatory function of the office, to review and determine on a case-by-case basis 
examination and licensing eligibility for applications for licensure submitted by 
individuals who identify themselves as veterans with military service, experience and 
training; and
Sec. 2.  10 MRSA §8003, sub-§2-A, ¶N, as enacted by PL 2017, c. 173, §2, is 
amended to read:
N.  To exercise discretionary authority to waive examination fees and license fees for 
applicants for licensure who identify themselves as veterans with military service, 
experience and training.;
Sec. 3.  10 MRSA §8003, sub-§2-A, ¶O is enacted to read:
O.  To exercise discretionary authority, after consultation with the appropriate licensing 
board, commission or personnel administering a regulatory function of the office, to 
waive, on a case-by-case basis, documentation requirements for licensure submitted by 
applicants for licensure educated in or with relevant experience or licensure in other 
jurisdictions, including other states, United States territories, foreign nations and 
foreign administrative divisions, as long as the waiver does not reduce the requisite 
standards of proficiency for the licensed profession or occupation.  The Director of the 
Office of Professional and Occupational Regulation may adopt rules to implement this 
paragraph.  Rules adopted pursuant to this paragraph are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A;
Sec. 4.  10 MRSA §8003, sub-§2-A, ¶P is enacted to read:
P.  To exercise discretionary authority to waive examination fees and license fees set 
pursuant to paragraph D for applicants for licensure educated in or with relevant 
experience or licensure in other jurisdictions, including other states, United States 
territories, foreign nations and foreign administrative divisions.  The Director of the 
Office of Professional and Occupational Regulation may adopt rules to implement this 
paragraph.  Rules adopted pursuant to this paragraph are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A;
Sec. 5.  10 MRSA §8003, sub-§2-A, ¶Q is enacted to read:
Q.  To adopt rules defining, as appropriate for licensing purposes, the term 
"jurisdiction" to mean a state, a United States territory, a foreign nation or a foreign 
administrative division that issues a license or credential.  Rules adopted pursuant to 
this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 
2-A; and
Sec. 6.  10 MRSA §8003, sub-§2-A, ¶R is enacted to read:
R.  To accept funds from the Federal Government, from any political subdivision of 
the State or from any individual, foundation or corporation and to expend those funds 
for purposes consistent with this section.  The Director of the Office of Professional 
and Occupational Regulation may also provide grants to nongovernmental entities for 
purposes consistent with this section.
Sec. 7.  10 MRSA §8003, sub-§5-A, ¶D, as amended by PL 2011, c. 286, Pt. B, 
§2, is further amended by amending subparagraph (5) to read:
(5)  Grant inactive status licenses to licensees in accordance with rules that may be 
adopted by each office, board or commission.  The fee for an inactive status license 
may not exceed the statutory fee cap for license renewal set forth in the governing 
law of the office, board or commission.  Licensees in inactive status are required 
to pay license renewal fees for renewal of an inactive status license and may be 
required to pay a reinstatement fee as set by the Director of the Office of 
Professional and Occupational Regulation if the license is reactivated on a date 
other than the ordinary renewal date of the license.  Any rules of an office, board 
or commission regulating inactive status licensure must describe the obligations of 
an inactive status licensee with respect to any ongoing continuing education 
requirement in effect for licensees of the office, board or commission and must set 
forth any requirements for reinstatement to active status, which requirements may 
include continuing education.  Rules adopted pursuant to this subparagraph are 
routine technical rules as described in Title 5, chapter 375, subchapter 2-A; and
Sec. 8.  10 MRSA §8003, sub-§5-A, ¶D, as amended by PL 2011, c. 286, Pt. B, 
§2, is further amended by amending subparagraph (6) to read:
(6)  Delegate to staff the authority to review and approve applications for licensure 
pursuant to procedures and criteria established by rule. Rules adopted pursuant to 
this subparagraph are routine technical rules as described in Title 5, chapter 375, 
subchapter 2-A.; and
Sec. 9.  10 MRSA §8003, sub-§5-A, ¶D, as amended by PL 2011, c. 286, Pt. B, 
§2, is further amended by enacting a new subparagraph (7) to read:
(7)  Exercise discretionary authority to grant provisional licenses to applicants for 
licensure educated in or with relevant experience or licensure in other jurisdictions, 
including other states, United States territories, foreign nations and foreign 
administrative divisions.  For purposes of this subparagraph, "provisional license" 
means a license issued for a defined period of time and with the requirement that 
the licensee meet certain established conditions in order to maintain the provisional 
license or to gain full licensure.  The office, board or commission may adopt rules 
to implement this subparagraph.  Rules adopted pursuant to this subparagraph are 
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 10.  10 MRSA §8003-H is enacted to read:
§8003-H.  Licensure by endorsement
The Office of Professional and Occupational Regulation, referred to in this section as 
"the office," including the licensing boards and commissions within the office, shall 
establish a process to issue a license by endorsement to an applicant who presents proof of 
licensure by another jurisdiction of the United States as long as the other jurisdiction 
maintains substantially equivalent license requirements for the licensed profession or 
occupation and as long as:
1.  Good standing.  The applicant is in good standing in all jurisdictions in which the 
applicant holds or has held a license.  For purposes of this subsection, "good standing" 
means that the applicant does not have a complaint, allegation or investigation pending, 
does not have a license that is suspended or subject to practice restrictions and has never 
surrendered a license or had a license revoked; 
2.  No cause for denial.  No cause for denial of a license exists under section 8003, 
subsection 5-A, paragraph A or under any other law; and
3.  Fee.  The applicant pays the fee, if any, pursuant to section 8003, subsection 2-A, 
paragraph D.
The office, or a licensing board or commission within the office, may require an 
applicant to pass a jurisprudence examination if such an examination is required to be 
passed for licensure pursuant to law or rule of the office, licensing board or commission.
The office, including the licensing boards and commissions within the office, shall 
adopt rules to implement this section.  Rules adopted pursuant to this paragraph are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill implements some of the recommendations of Resolve 2019, chapter 79 
directing the Commissioner of Professional and Financial Regulation to form a working 
group to assess barriers to professional licensure for skilled individuals with foreign 
credentials and licensees of other states who apply for Maine licensure.
It allows the Director of the Office of Professional and Occupational Regulation within 
the Department of Professional and Financial Regulation to exercise discretionary 
authority, after consultation with licensing entities, to waive documentation requirements 
for licensure submitted by applicants educated in or with relevant experience or licensure 
in other jurisdictions, including other states, United States territories, foreign nations and 
foreign administrative divisions, as long as the waiver does not reduce the requisite 
standards of proficiency for the licensed profession or occupation.  It allows the director to 
exercise discretionary authority to waive examination fees and license fees for applicants 
for licensure educated in or with relevant experience or licensure in other jurisdictions, 
including other states, United States territories, foreign nations and foreign administrative 
divisions.  It also allows the office, or a licensing board or commission within the office, 
to grant provisional licenses to applicants educated in or with relevant experience or 
licensure in other jurisdictions, including other states, United States territories, foreign 
nations and foreign administrative divisions.  It provides the director with rule-making 
authority to implement these discretionary authorities.
It provides the director with the authority to adopt rules to define the term "jurisdiction" 
for licensing purposes to mean a state, a United States territory, a foreign nation or a foreign 
administrative division that issues a license or credential.
It provides the director with the authority to accept funds from the Federal Government, 
from any political subdivision of the State or from any individual, foundation or 
corporation, to expend those funds for purposes consistent with the purposes of the Maine 
Revised Statutes, Title 10, section 8003 and to provide grants to nongovernmental entities 
for purposes consistent with that law.
It also develops a process for licensure by endorsement for United States license 
holders who meet certain criteria.