An Act to Amend the Laws Governing Licensing of Certain Types of
Maine Legislature, Session 132, LD 0767
Committee: Health and Human Services
Sponsors: INGWERSEN
Amends: 22 MRSA §2494, 22 MRSA §2495, 22 MRSA §2504, 32 MRSA §1222, 32 MRSA §4252, 32 MRSA §4312, 32 MRSA §4314, 32 MRSA §4324, 32 MRSA §4325

Legislative Document
No. 767
S.P. 325
In Senate, February 25, 2025
An Act to Amend the Laws Governing Licensing of Certain Types of 
Establishments and Professions by the Department of Health and 
Human Services
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator INGWERSEN of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2494, first ¶, as amended by PL 2021, c. 125, §11, is further 
amended to read:
Each application for, or for renewal of, a license to operate an eating establishment, 
lodging place, recreational camp, youth camp, public pool, public spa or campground 
within the meaning of this chapter must be accompanied by a fee, appropriate to the size 
of the establishment, place, camp, pool, spa or area of the licensee, determined by the 
department and not to exceed the fees listed below.  All fees collected by the department 
must be deposited into a special revenue account established for this purpose.  No such fee 
may be refunded.  No license may be assignable or transferable, except as provided in 
section 2495.  The fees may not exceed:
Sec. 2.  22 MRSA §2495, as amended by PL 2021, c. 125, §13, is further amended 
by enacting at the end a new paragraph to read:
In the case of death of the licensee, a license issued under this chapter may be 
transferred, for the benefit of the estate of the deceased licensee, to the personal 
representative, receiver or trustee of the deceased licensee's estate to operate the premises 
to which the license applies for one year from the date the personal representative, receiver 
or trustee is appointed, after which the license is void. Pending appointment of a personal 
representative, receiver or trustee of the estate, the following individuals may be approved 
by the department to operate the premises temporarily: the surviving spouse; a person who 
has filed a petition for appointment as executor or administrator for the estate of the 
deceased licensee; the sole heir of the deceased licensee or a person designated by all of 
the heirs of the deceased licensee. A person may not operate under the license unless 
approved by the department.  The department may require an individual seeking approval 
to operate the premises temporarily to provide documentation showing that the individual 
is eligible pursuant to this paragraph.
Sec. 3.  22 MRSA §2504 is enacted to read:
§2504.  Confidentiality of investigative records
1.  Complaints and investigative records; confidentiality.  Information identifying 
an individual who files a complaint in connection with the department’s public health 
activities associated with the department's licensing and regulatory functions authorized by 
this chapter and Title 32, chapters 18, 63, 63-A and 64 is confidential unless otherwise 
directed by the court. With the exception of information that identifies the complainant, 
investigative records become public records upon the conclusion of an investigation, unless 
confidentiality is required by some other provision of law. For the purposes of this section, 
an investigation is concluded when:
A.  A notice of an adjudicatory hearing under Title 5, chapter 375, subchapter 4 has 
been issued;  
B.  A consent agreement has been executed; 
C.  A letter of dismissal has been issued; or 
D.  The investigation has otherwise been closed.
2. Exceptions.  Notwithstanding subsection 1, during the pendency of an investigation, 
the identity of a complainant or the investigative record may be disclosed:
A.  To department employees designated by the commissioner to facilitate the 
investigation; and
B.  To other state or federal agencies when disclosure is determined necessary by the 
commissioner to avoid imminent and serious harm. The commissioner may not 
delegate the commissioner's authority to disclose under this paragraph.
Sec. 4.  32 MRSA §1222, sub-§1, as amended by PL 2013, c. 264, §8, is further 
amended to read:
1.  License required.  A person may not practice electrology in this State unless that 
person is licensed by the department under this chapter.  A license issued under this chapter 
is valid for one year from the date of issuance. A license issued in error by the department 
is void and must be returned to the department on demand. Notice of the demand to return 
the license must be delivered by hand or by certified mail to the licensee.
Sec. 5.  32 MRSA §4252, as amended by PL 2021, c. 125, §26, is further amended 
to read:
§4252.  Issuance of licenses
The Department of Health and Human Services may license persons to practice the art 
of tattooing. Such licenses are issued for a term of one year and may be renewed annually.  
The fee for an initial license or a renewal license may not exceed $250.  The license for a 
person engaged in both the arts of body piercing, as defined in section 4321, and tattooing 
may not exceed $300.  All fees collected by the department pursuant to this section must 
be deposited in a special revenue account dedicated to a health inspection program.
1.  Additional inspection fees.  When an additional inspection is required to determine 
an applicant's eligibility for licensure under this chapter, the department is authorized to 
charge, in addition to the usual fees under this section for one license, which includes one 
licensure inspection and one follow-up inspection, an additional fee not to exceed $200 to 
cover the costs of each additional inspection or visit.  The department may impose on the 
applicant a penalty for the applicant's failure to pay an additional inspection fee within 30 
days of the billing date.
2.  License issued in error.  A license issued in error by the department is void and 
must be returned to the department on demand. Notice of the demand to return the license 
must be delivered by hand or by certified mail to the licensee.
Sec. 6.  32 MRSA §4312, sub-§2, as enacted by PL 1997, c. 383, §1, is amended to 
read:
2.  Term of license.  A license issued under this chapter expires on September 30th 2 
years from the date of issue and is renewable biennially.
Sec. 7.  32 MRSA §4312, sub-§2-C is enacted to read:
2-C.  License issued in error.  A license issued in error by the department is void and 
must be returned to the department on demand. Notice of the demand to return the license 
must be delivered by hand or by certified mail to the licensee.
Sec. 8.  32 MRSA §4314, first ¶, as amended by PL 2009, c. 589, §12, is further 
amended to read:
The fee for a license under this chapter may not exceed $150.  The fee required by this 
section includes the cost of a biennial inspection of the micropigmentation facility by the 
department.  However, the A license issued by the department pursuant to this chapter is 
issued biennially upon payment of a fee not to exceed $150.  The department may inspect 
the micropigmentation facility at any time.  All fees collected by the department pursuant 
to this section must be deposited into a special revenue account dedicated to a health 
inspection program.
Sec. 9.  32 MRSA §4324, sub-§3, as enacted by PL 2021, c. 125, §37, is amended 
to read:
3.  Additional inspection fees.  When an additional inspection is required to determine 
an applicant's eligibility for licensure, the department is authorized to charge, in addition 
to the usual fees under section 4325 for one license, one licensure inspection and one 
follow-up inspection, an additional fee not to exceed $200 to cover the costs of each 
additional inspection or visit.  The department may impose on the applicant a penalty 
assessment for the applicant's failure to pay an additional inspection fee within 30 days of 
the billing date.
Sec. 10.  32 MRSA §4325, as amended by PL 2009, c. 589, §13, is further amended 
to read:
§4325.  Issuance of licenses
The department may license persons to practice the art of body piercing.  Licenses are 
issued annually by the department upon the payment of a fee not to exceed $250.  The 
license fee for a person engaged in both the arts of tattooing, as defined by chapter 63 in 
section 4201, and body piercing may not exceed $300.  The fee required by this section 
includes the cost of an annual one inspection and one follow-up inspection of the body 
piercing establishment by the department.  Licenses expire one year from date of issue.  All 
fees collected by the department pursuant to this section must be deposited into a special 
revenue account dedicated to a health inspection program.
A license issued in error by the department is void and must be returned to the 
department on demand. Notice of the demand to return the license must be delivered by 
hand or by certified mail to the licensee.
SUMMARY
This bill amends the law governing the licensing of eating establishments, lodging 
places, recreational camps, youth camps, public pools, public spas and campgrounds by 
creating an exception that allows a license to be transferred when a licensee has died. Under 
the bill, the personal representative of the deceased licensee, or another authorized person, 
may take over the license for one year after the date of the personal representative's or 
another authorized person's appointment. 
The bill enacts a provision that makes confidential the identity of a person making a 
complaint concerning actions taken by the Department of Health and Human Services 
associated with the department's licensing or regulatory authority over several categories 
of professions and establishments.
The bill clarifies that for licenses issued for electrology, tattooing, micropigmentation 
and body piercing, any license issued in error is void and must be returned to the department 
on demand. 
With respect to licensing for micropigmentation, the bill removes language that 
establishes a specific calendar date for the biennial expiration of licenses and clarifies that 
the term of a license is 2 years beginning on the date it is issued. 
The bill also removes duplicative language in the provisions governing licensing for 
micropigmentation and body piercings concerning the use of licensing fees to cover the 
cost of the department's inspection.