An Act to Help Address the Worker Shortage in Behavioral Health Care Services by Allowing Provisional Licensure and Providing for Reimbursement for Out-of-state Licensees
Maine Legislature, Session 131, LD 1494
Committee: Health Coverage, Insurance and Financial Services
Sponsors: CRAFTS, HEPLER, MATHIESON, MURPHY, PERRY, SACHS, SARGENT, RENY
Amends: 24-A MRSA §2744, 24-A MRSA §2835, 24-A MRSA §4234-A, 32 MRSA §13857

Legislative Document
No. 1494
H.P. 949
House of Representatives, April 5, 2023
An Act to Help Address the Worker Shortage in Behavioral Health 
Care Services by Allowing Provisional Licensure and Providing for 
Reimbursement for Out-of-state Licensees
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CRAFTS of Newcastle.
Cosponsored by Representatives: HEPLER of Woolwich, MATHIESON of Kittery, MURPHY 
of Scarborough, PERRY of Calais, SACHS of Freeport, SARGENT of York, Senator: RENY 
of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §2744, sub-§1, as repealed and replaced by PL 2005, c. 683, 
Pt. A, §39, is amended to read:
1.  Notwithstanding any provision of a health insurance policy subject to this chapter, 
whenever the policy provides for payment or reimbursement for services that are within 
the lawful scope of practice of a professional listed in subsection 2‑A, any person covered 
by the policy is entitled to reimbursement for these services if the services are performed 
by a physician or a professional listed in subsection 2‑A.  Payment or reimbursement for 
services rendered by a professional listed in subsection 2‑A, paragraph B, C, D, E or F may 
not be denied on the basis that the professional has been granted a provisional license 
pursuant to Title 32, chapter 119 or be conditioned upon prior diagnosis or referral by a 
physician or other health care professional, except when diagnosis of the condition for 
which the services are rendered is beyond the scope of their licensure.
Sec. 2.  24-A MRSA §2835, sub-§1, as repealed and replaced by PL 2005, c. 683, 
Pt. A, §40, is amended to read:
1.  Notwithstanding any provision of a health insurance policy or certificate issued 
under a group policy subject to this chapter, whenever the policy provides for payment or 
reimbursement for services that are within the lawful scope of practice of a professional 
listed in subsection 2‑A, any person covered by the policy is entitled to reimbursement for 
these services if the services are performed by a physician or a professional listed in 
subsection 2‑A.  Payment or reimbursement for services rendered by a professional listed 
in subsection 2‑A, paragraph B, C, D, E or F may not be denied on the basis that the 
professional has been granted a provisional license pursuant to Title 32, chapter 119 or be 
conditioned upon prior diagnosis or referral by a physician or other health care professional, 
except when diagnosis of the condition for which the services are rendered is beyond the 
scope of their licensure.
Sec. 3.  24-A MRSA §4234-A, sub-§8-A, as amended by PL 2003, c. 20, Pt. VV, 
§23 and affected by §25, is further amended to read:
8-A.  Mental health services provided by counseling professionals.  A health 
maintenance organization that issues individual or group health care contracts providing 
coverage for mental health services shall offer coverage for those services when performed 
by a counseling professional who is licensed by the State pursuant to Title 32, chapter 119 
to assess and treat interpersonal and intrapersonal problems, has at least a master's degree 
in counseling or a related field from an accredited educational institution and has been 
employed as a counselor for at least 2 years. Payment or reimbursement for services 
rendered may not be denied on the basis that the services were rendered by a professional 
who has been granted a provisional license pursuant to Title 32, chapter 119. Any contract 
providing coverage for the services of counseling professionals pursuant to this subsection 
may be subject to any reasonable limitations, maximum benefits, coinsurance, deductibles 
or exclusion provisions applicable to overall benefits under the contract.
Sec. 4.  32 MRSA §13857, sub-§3 is enacted to read:
3.  Provisional licensure.  The Board of Counseling Professionals Licensure shall 
issue a provisional license for up to 90 days to an applicant who is licensed under the laws 
of another jurisdiction upon the submission to the board of evidence that the applicant has 
held a substantially equivalent, valid license in another state and that the applicant's 
qualifications for licensure are substantially similar to those required in this chapter. The 
board shall also issue a provisional license for up to 90 days to an applicant who has 
completed the requirements for licensure set forth in section 13858 upon submission to the 
board of evidence that the applicant has met those requirements. A provisional license 
issued pursuant to this subsection is valid until the applicant is licensed by the board under 
subsection 2, except that the provisional license is not valid for more than 90 days. An 
applicant granted a provisional license in accordance with this subsection is authorized to 
practice as a counseling professional in this State.
SUMMARY
This bill requires the Board of Counseling Professionals Licensure to grant a 
provisional license for up to 90 days to a counseling professional licensed in another state 
or an applicant who has completed the requirements for licensure in this State upon receipt 
of an application for licensure. The bill requires the board to issue a provisional license 
upon the submission of evidence that the applicant holds a substantially equivalent, valid 
license in another state and that the applicant's qualifications for licensure are substantially 
similar to those required in state law or that the applicant has completed the requirements 
for licensure in this State. The bill also provides that a person holding a provisional license 
is authorized to practice in this State and may not be denied payment or reimbursement for 
the person's services on the basis that the person is practicing under a provisional license.