An Act to Reform the Occupational Licensing Regime by Including Portability and Removing Good Character Requirements
Maine Legislature, Session 131, LD 1628
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: BRAKEY, MORRIS, CLUCHEY, HYMES, WHITE
Amends: 32 MRSA §59-D, 32 MRSA §12228

Legislative Document
No. 1628
S.P. 645
In Senate, April 12, 2023
An Act to Reform the Occupational Licensing Regime by Including 
Portability and Removing Good Character Requirements
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 BRAKEY of Androscoggin.
Cosponsored by Representative MORRIS of Turner and
Representatives: CLUCHEY of Bowdoinham, HYMES of Waldo, WHITE of Guilford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §59-D is enacted to read:
§59-D.  Good character
A licensing entity may not use "good character" as a means of evaluating applicants 
for licensure.
Sec. 2.  32 MRSA §12228, sub-§1-A, as enacted by PL 2009, c. 242, §6, is amended 
to read:
1-A.  Qualifications for licensure.  A person who meets the good character, education, 
examination and experience requirements of this section is eligible to apply for licensure 
as a certified public accountant pursuant to section 12230.
Sec. 3.  32 MRSA §12228, sub-§2, as repealed and replaced by PL 2007, c. 695, 
Pt. A, §37, is repealed.
Sec. 4.  32 MRSA c. 149 is enacted to read:
CHAPTER 149
OCCUPATIONAL LICENSE PORTABILITY
§18701. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. Board. "Board" means a government agency, board, department or other 
governmental entity in this State or another state that regulates a lawful occupation and 
issues an occupational license or government certification to a person.
2. Government certification. "Government certification" means a voluntary, 
government-granted and nontransferable recognition to a person who meets personal 
qualifications and standards related to a lawful occupation that allows the person to use 
"government certified" or "state certified" as a title. "Government certification" does not 
include an occupational license or other credentials that are prerequisites to performing a 
lawful occupation.
3. Lawful occupation. "Lawful occupation" means a course of conduct, pursuit or 
profession that includes the sale of goods or services that are not themselves unlawful to 
sell, regardless of whether the person selling them is subject to an occupational license or 
government certification.
4. Occupational license. "Occupational license" means a nontransferable legal 
authorization that is required for a person to perform a lawful occupation and that is based 
on the person's meeting the qualifications established or administered by a board.
5. Other state or another state. "Other state" or "another state" means any United 
States territory or state in the United States other than this State.
6. Private certification. "Private certification" means a voluntary program in which a 
private certification organization grants nontransferable recognition to a person who meets 
personal qualifications and standards relevant to performing an occupation as determined 
by the private certification organization and that permits the person to use a designated title 
of "certified" by the private certification organization. 
7. Scope of practice. "Scope of practice" means the procedures, actions, processes and 
work that a person may perform under an occupational license or government certification 
issued in this State.
§18702. Occupational license and government certification
Notwithstanding any provision of law to the contrary, a board in this State shall issue 
an occupational license or government certification to a person who applies for an 
occupational license or government certification issued by that board, if the person, as 
determined by that board, meets all of the requirements of section 18706 and:
1. Valid license or certification.  The person holds a current and valid occupational 
license or government certification issued by a board in another state for a lawful 
occupation with a similar scope of practice to the lawful practice governed by the 
occupational license or government certification for which the person has applied; 
2. Term.  The person has held the occupational license or government certification 
issued in the other state for at least one year;
3.  Requirements.  The issuing board in the other state required the person to pass an 
examination or to meet education, training or experience standards that are substantially 
similar to those required for the occupational license or government certification for which 
the person has applied;
4.  Good standing.  The person is in good standing with the issuing board in the other 
state;
5.  No disqualifications.  The person does not have a criminal record that disqualifies 
the person from holding the occupational license or government certification for which the 
person has applied;
6.  Not revoked.  A board in another state has not revoked the person's occupational 
license or government certification because of negligence or intentional misconduct related 
to the person's work in the lawful occupation in that state;
7. Not surrendered.  The person has not surrendered an occupational license or 
government certification because of negligence or intentional misconduct related to the 
person's work in the lawful occupation in another state; 
8.  No complaints.  The person does not have a complaint, allegation or investigation 
pending before a board in another state that relates to unprofessional conduct or an alleged 
crime. If the person has a complaint, allegation or investigation pending, the board to which 
the person has applied may not issue or deny an occupational license or government 
certification to the person until the complaint, allegation or investigation is resolved or the 
person otherwise meets the criteria for an occupational license or government certification 
in this State to the satisfaction of the board; and
9.  Payment of fees.  The person pays all applicable fees for the occupational license 
or government certification for which the person has applied.
§18703.  Government certification  
If a board in another state has issued a person a government certification that is 
equivalent to an occupational license in this State, a board in this State shall issue an 
occupational license to the person who holds that government certification and applies for 
an occupational license if the person otherwise satisfies the requirements of section 18702.
§18704.  Work experience
Notwithstanding any provision of law to the contrary, a board in this State shall issue 
an occupational license or government certification to a person who applies for an 
occupational license or government certification issued by that board based on the person's 
work experience in another state if the person, as determined by that board, meets all of the 
requirements of section 18706 and:
1.  No license or certification requirement.  The person worked in a state that does 
not require an occupational license or government certification to regulate the person's 
lawful occupation;
2.  Time in work.  The person worked for at least 3 years in the lawful occupation in 
the other state; and
3.  Other requirements.  The person satisfies the requirements of section 18702, 
subsections 5 to 9.
§18705.  Private certification
Notwithstanding any provision of law to the contrary, a board in this State shall issue 
an occupational license or government certification to a person who applies for an 
occupational license or government certification issued by that board based on the person's 
private certification and work experience in another state if the person, as determined by 
that board, meets all of the requirements of section 18706 and:
1.  No license or certification requirement.  The person holds a private certification 
and worked in a state that does not require an occupational license or government 
certification in the lawful occupation governed by an occupational license or government 
certification in this State;
2.  Time in work.  The person worked for at least 2 years in the lawful occupation in 
the other state;
3.  Current and valid private certification.  The person holds a current and valid 
private certification in the lawful occupation;
4.  Good standing.  The person is in good standing with the private organization that 
issued the certification; and
5.  Other requirements.  The person satisfies the requirements of section 18702, 
subsections 5 to 9.
§18706.  State law examination
A board in this State may require a person who applies under this chapter for an 
occupational license or government certification issued by that board to pass an 
examination that is specific to relevant laws of this State that regulate the lawful occupation 
if the occupational license or government certification in this State that the person has 
applied for requires a person to pass such an examination in order to receive the 
occupational license or government certification.
§18707.  Decision
A board in this State that receives a complete application under this chapter for an 
occupational license or government certification shall provide the person with a written 
decision regarding the application within 60 days after receiving the application.
§18708.  Appeal
A person who has applied under this chapter for an occupational license or government 
certification and been denied by a board may appeal the board's decision by filing a petition 
for review in Superior Court in accordance with Title 5, chapter 375, subchapter 7 within 
days after receipt of the board's written decision.
§18709.  State laws and jurisdiction
A person who obtains an occupational license or government certification under this 
chapter is subject to the laws regulating the lawful occupation in this State, including 
continuing education requirements and the jurisdiction of the issuing board in this State.
§18710.  Exception
This chapter does not apply to an occupation regulated by the Supreme Judicial Court.
§18711.  Limitations
1.  Within the State.  An occupational license or government certification issued under 
this chapter is valid only in this State and does not make the person who is issued the 
occupational license or government certification eligible to work in another state under an 
interstate compact or reciprocity agreement unless otherwise provided by law.
2.  Compacts.  Nothing in this chapter prevents the State from entering into a licensing 
compact or reciprocity agreement with another state, foreign province or foreign country.
3.  Foreign credentials.  Nothing in this chapter prevents the State from recognizing 
occupational credentials issued by a private certification organization, foreign province, 
foreign country, international organization or other entity.
4.  Private certification.  Nothing in this chapter requires a private certification 
organization to grant or deny private certification to any person.
§18712.  Cost
A board receiving an application for an occupational license or government 
certification under this chapter may charge a fee to the person who applies to recoup its 
costs not to exceed $100 for each application.
§18713.  Preemption
A county or municipality in this State may not regulate the issuance of occupational 
licenses or government certifications under this chapter.
SUMMARY
This bill prohibits licensing entities from using good character to evaluate applicants 
for licensure and makes a conforming change.  The bill creates a framework for the various 
government agencies, boards, departments and other governmental entities that regulate 
and issue occupational licenses within the State to offer a path to certification or licensure 
in the State to persons who hold occupational credentials from other states in order to allow 
those persons to more quickly qualify to work within their occupations or professions in 
the State.