reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18516. Rule-making functions of the interstate commission

§18516. Rule-making functions of the interstate commission
1.  Rules.
The interstate commission shall adopt reasonable rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A, in order to effectively and efficiently achieve the purposes of the compact; however, if the interstate commission exercises its rule-making authority in a manner that is beyond the scope of the purposes of the compact or the powers granted under the compact, then such an action by the interstate commission is invalid and has no force or effect.
[PL 2017, c. 253, §7 (NEW).]
2.  Rules conformation.
Rules for the operations of the interstate commission must be adopted pursuant to a rule-making process that substantially conforms to the "Revised Model State Administrative Procedure Act" (2010), as amended, of the National Conference of Commissioners on Uniform State Laws.
[PL 2017, c. 253, §7 (NEW).]
3.  Judicial review.
Not later than 30 days after a rule is adopted, a person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices, as long as the filing of such a petition does not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and may not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18517. Oversight of interstate compact

§18517. Oversight of interstate compact
1.  Enforcement.
The executive, legislative and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of the compact and the rules adopted under the compact have standing as statutory law but do not override existing state authority to regulate the practice of medicine.
[PL 2017, c. 253, §7 (NEW).]
2.  Courts.
All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact that may affect the powers, responsibilities or actions of the interstate commission.
[PL 2017, c. 253, §7 (NEW).]
3.  Service of process.
The interstate commission is entitled to receive all service of process in any proceeding under subsection 2 and has standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission renders a judgment or order void as to the interstate commission, the compact or adopted rules.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18518. Enforcement of interstate compact

§18518. Enforcement of interstate compact
1.  Enforcement.
The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
[PL 2017, c. 253, §7 (NEW).]
2.  Compliance.
The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices to enforce compliance with the provisions of the compact and its adopted rules and bylaws against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
[PL 2017, c. 253, §7 (NEW).]
3.  Remedies.
The remedies in this section are not the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18520. Dispute resolution

§18520. Dispute resolution
1.  Resolution.
The interstate commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that arise among member states or member boards.
[PL 2017, c. 253, §7 (NEW).]
2.  Rules.
The interstate commission shall adopt rules pursuant to section 18516 providing for both mediation and binding dispute resolution, as appropriate.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18521. Member states, effective date and amendment

§18521. Member states, effective date and amendment
1.  Eligibility.
Any state is eligible to become a member state of the compact.
[PL 2017, c. 253, §7 (NEW).]
2.  Effective date.
The compact becomes effective and binding upon legislative enactment of the compact into law by no fewer than 7 states. Thereafter, it becomes effective and binding on a state upon enactment of the compact into law by that state.
[PL 2017, c. 253, §7 (NEW).]
3.  Participation by nonmember states.
The governors of nonmember states, or their designees, must be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.
[PL 2017, c. 253, §7 (NEW).]
4.  Amendments to compact.
The interstate commission may propose amendments to the compact for enactment by the member states. An amendment does not become effective and binding upon the interstate commission and the member states until it is enacted into law by unanimous consent of the member states.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18522. Withdrawal

§18522. Withdrawal
1.  Repeal.
Once effective, the compact continues in force and remains binding upon each member state, except that a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.
[PL 2017, c. 253, §7 (NEW).]
2.  Effective date.
Withdrawal from the compact is by the enactment of a statute repealing the compact, but does not take effect until one year after the effective date of that statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
[PL 2017, c. 253, §7 (NEW).]
3.  Intent.
The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.
[PL 2017, c. 253, §7 (NEW).]
4.  Notification.
The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt of notice provided under subsection 3.
[PL 2017, c. 253, §7 (NEW).]
5.  Obligations.
The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal.
[PL 2017, c. 253, §7 (NEW).]
6.  Reinstatement.
Reinstatement following withdrawal of a member state occurs upon the withdrawing state's reenacting the compact or upon such later date as determined by the interstate commission.
[PL 2017, c. 253, §7 (NEW).]
7.  Rules.
The interstate commission is authorized to adopt rules pursuant to section 18516 to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18523. Dissolution

§18523. Dissolution
1.  Effective date.
The compact dissolves effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one member state.
[PL 2017, c. 253, §7 (NEW).]
2.  Surplus funds.
Upon the dissolution of the compact, the compact becomes null and void and is of no further force or effect, and the business and affairs of the interstate commission are concluded and surplus funds must be distributed in accordance with the bylaws.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18524. Construction

§18524. Construction
1.  Liberal construction.
The provisions of the compact must be liberally construed to effectuate its purposes.
[PL 2017, c. 253, §7 (NEW).]
2.  Applicability of other compacts.
Nothing in the compact may be construed to prohibit the applicability of other interstate compacts of which the states are members.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 145: INTERSTATE MEDICAL LICENSURE COMPACT › 32 §18525. Binding effect of compact and other laws

§18525. Binding effect of compact and other laws
1.  Other law.
Nothing in this chapter prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
[PL 2017, c. 253, §7 (NEW).]
2.  Conflicts.
All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
[PL 2017, c. 253, §7 (NEW).]
3.  Actions.
All lawful actions of the interstate commission, including all rules and bylaws adopted by the commission, are binding upon the member states.
[PL 2017, c. 253, §7 (NEW).]
4.  Agreements.
All agreements between the interstate commission and the member states are binding in accordance with their terms.
[PL 2017, c. 253, §7 (NEW).]
5.  Constitutional limits.
In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, that provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 147: INTERSTATE COUNSELING COMPACT › 32 §18551. Short title

§18551. Short title
This chapter may be known and cited as "the Interstate Counseling Compact," which is referred to in this chapter as "the compact."   [PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 147: INTERSTATE COUNSELING COMPACT › 32 §18552. Purpose

§18552. Purpose
The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.   [PL 2021, c. 547, §1 (NEW).]
This compact is designed to achieve the following objectives:   [PL 2021, c. 547, §1 (NEW).]
1.  License recognition.
Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;
[PL 2021, c. 547, §1 (NEW).]
2.  State powers.
Enhance the states' ability to protect the public's health and safety;
[PL 2021, c. 547, §1 (NEW).]
3.  Multistate practice.
Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;
[PL 2021, c. 547, §1 (NEW).]
4.  Military spouses.
Support spouses of relocating active duty military personnel;
[PL 2021, c. 547, §1 (NEW).]
5.  Information exchange.
Enhance the exchange of licensure, investigative and disciplinary information among member states;
[PL 2021, c. 547, §1 (NEW).]
6.  Telehealth technology.
Allow for the use of telehealth technology to facilitate increased access to professional counseling services;
[PL 2021, c. 547, §1 (NEW).]
7.  Licensure requirements.
Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;
[PL 2021, c. 547, §1 (NEW).]
8.  State authority.
Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;
[PL 2021, c. 547, §1 (NEW).]
9.  Multiple licenses.
Eliminate the necessity for licenses in multiple states; and
[PL 2021, c. 547, §1 (NEW).]
10.  Interstate practice.
Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
[PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 147: INTERSTATE COUNSELING COMPACT › 32 §18556. Obtaining a new home state license based on a privilege to practice

§18556. Obtaining a new home state license based on a privilege to practice
1.  Home state license.
A licensed professional counselor may hold a home state license that allows for a privilege to practice in other member states in only one member state at a time.
[PL 2021, c. 547, §1 (NEW).]
2.  Change of primary state of residence.
If a licensed professional counselor changes the primary state of residence by moving between 2 member states:
A. The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees and notify the current and new home state in accordance with applicable rules adopted by the commission;   [PL 2021, c. 547, §1 (NEW).]
B. Upon receipt of an application for obtaining a new home state license by virtue of a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in section 18555 via the data system, without need for primary source verification except for:
(1) A Federal Bureau of Investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544;
(2) Any other criminal background check as required by the new home state; and
(3) Completion of any requisite jurisprudence requirements of the new home state;   [PL 2021, c. 547, §1 (NEW).]
C. The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission;   [PL 2021, c. 547, §1 (NEW).]
D. Notwithstanding any other provision of this compact, if the licensed professional counselor cannot meet the criteria in section 18555, the new home state may apply its requirements for issuing a new single-state license; and   [PL 2021, c. 547, §1 (NEW).]
E. The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.   [PL 2021, c. 547, §1 (NEW).]
[PL 2021, c. 547, §1 (NEW).]
3.  Change of residence; nonmember states.
If a licensed professional counselor changes the primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria applies for issuance of a single-state license in the new state.
[PL 2021, c. 547, §1 (NEW).]
4.  Single-state licenses.
Nothing in this compact interferes with a licensee's ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee may have only one home state license.
[PL 2021, c. 547, §1 (NEW).]
5.  Single-state license requirements.
Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license.
[PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 147: INTERSTATE COUNSELING COMPACT › 32 §18557. Active duty military personnel or their spouses

§18557. Active duty military personnel or their spouses
Active duty military personnel, or their spouses, must designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual may only change the home state through application for licensure in the new state or through the process outlined in section 18556.   [PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 147: INTERSTATE COUNSELING COMPACT › 32 §18558. Compact privilege to practice telehealth

§18558. Compact privilege to practice telehealth
1.  Telehealth practice.
Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with section 18554 and under rules promulgated by the commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
[PL 2021, c. 547, §1 (NEW).]
2.  Laws and regulations.
A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
[PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 147: INTERSTATE COUNSELING COMPACT › 32 §18561. Data system

§18561. Data system
1.  Database and reporting system.
The commission shall provide for the development, maintenance, operation and utilization of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states.
[PL 2021, c. 547, §1 (NEW).]
2.  Uniform data set submission.
Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
A. Identifying information;   [PL 2021, c. 547, §1 (NEW).]
B. Licensure data;   [PL 2021, c. 547, §1 (NEW).]
C. Adverse actions against a license or privilege to practice;   [PL 2021, c. 547, §1 (NEW).]
D. Nonconfidential information related to alternative program participation;   [PL 2021, c. 547, §1 (NEW).]
E. Any denial of application for licensure and the reasons for that denial;   [PL 2021, c. 547, §1 (NEW).]
F. Current significant investigative information; and   [PL 2021, c. 547, §1 (NEW).]
G. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.   [PL 2021, c. 547, §1 (NEW).]
[PL 2021, c. 547, §1 (NEW).]
3.  Investigative information availability.
Investigative information pertaining to a licensee in any member state may be made available only to other member states.
[PL 2021, c. 547, §1 (NEW).]
4.  Adverse action information.
The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state must be available to any other member state.
[PL 2021, c. 547, §1 (NEW).]
5.  Confidential information.
Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
[PL 2021, c. 547, §1 (NEW).]
6.  Information expungement.
Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system.
[PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 147: INTERSTATE COUNSELING COMPACT › 32 §18564. Date of implementation of counseling compact; commission and associated rules, withdrawal and amendment

§18564. Date of implementation of counseling compact; commission and associated rules, withdrawal and amendment
1.  Effective date.
The compact takes effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions of the compact that become effective at that time are limited to the powers granted to the commission relating to assembly and the promulgation of rules. After the effective date of the compact, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact.
[PL 2021, c. 547, §1 (NEW).]
2.  Subsequent member states.
Any state that joins the compact subsequent to the commission's initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state.
[PL 2021, c. 547, §1 (NEW).]
3.  Withdrawal.
Any member state may withdraw from this compact by enacting a statute repealing the same.
A. A member state's withdrawal does not take effect until 6 months after enactment of the repealing statute.   [PL 2021, c. 547, §1 (NEW).]
B. Withdrawal does not affect the continuing requirement of the withdrawing state's professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this chapter prior to the effective date of withdrawal.   [PL 2021, c. 547, §1 (NEW).]
[PL 2021, c. 547, §1 (NEW).]
4.  Other agreements or arrangements.
Nothing contained in this compact may be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
[PL 2021, c. 547, §1 (NEW).]
5.  Amendment.
This compact may be amended by the member states. An amendment to this compact does not become effective and binding upon any member state until it is enacted into the laws of all member states.
[PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 147: INTERSTATE COUNSELING COMPACT › 32 §18565. Construction and severability

§18565. Construction and severability
This compact may be liberally construed so as to effectuate the purposes thereof. The provisions of this compact must be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance is not affected thereby. If this compact is held contrary to the constitution of any member state, the compact remains in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.   [PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 147: INTERSTATE COUNSELING COMPACT › 32 §18566. Binding effect of compact and other laws

§18566. Binding effect of compact and other laws
1.  Adherence.
A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.
[PL 2021, c. 547, §1 (NEW).]
2.  Enforcement.
Nothing in this chapter prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
[PL 2021, c. 547, §1 (NEW).]
3.  Conflict.
Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
[PL 2021, c. 547, §1 (NEW).]
4.  Binding actions.
Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon the member states.
[PL 2021, c. 547, §1 (NEW).]
5.  Binding agreements.
All permissible agreements between the commission and the member states are binding in accordance with their terms.
[PL 2021, c. 547, §1 (NEW).]
6.  Constitutional limits.
In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state.
[PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 147: INTERSTATE COUNSELING COMPACT › 32 §18567. Legislative intent

§18567. Legislative intent
This compact is the Maine enactment of the Interstate Counseling Compact. The form, format and text of the compact have been changed minimally so as to conform to Maine statutory conventions. The changes are technical in nature and it is the intent of the Legislature that this compact be interpreted as substantively the same as the Interstate Counseling Compact that is enacted by other member states.   [PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 149: PHYSICAL THERAPY LICENSURE COMPACT (TEXT EFFECTIVE 1/01/26) › 32 §18701. Short title (WHOLE SECTION TEXT EFFECTIVE 1/01/26)

§18701. Short title
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/01/26)
This chapter may be known and cited as "the Physical Therapy Licensure Compact," referred to in this chapter as "the compact."   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
SECTION HISTORY
PL 2023, c. 329, §1 (NEW). PL 2023, c. 329, §3 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 149: PHYSICAL THERAPY LICENSURE COMPACT (TEXT EFFECTIVE 1/01/26) › 32 §18702. Purpose (WHOLE SECTION TEXT EFFECTIVE 1/01/26)

§18702. Purpose
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/01/26)
The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient is located at the time of the physical therapy services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
This compact is designed to achieve the following objectives:   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
1.  License recognition.
Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
2.  State powers.
Enhance the states' ability to protect the public's health and safety;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
3.  Multistate practice.
Encourage the cooperation of member states in regulating multistate physical therapy practice;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
4.  Military spouses.
Support spouses of relocating active duty military personnel;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
5.  Information exchange.
Enhance the exchange of licensure, investigative and disciplinary information among member states; and
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
6.  Compact privilege.
Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
SECTION HISTORY
PL 2023, c. 329, §1 (NEW). PL 2023, c. 329, §3 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 149: PHYSICAL THERAPY LICENSURE COMPACT (TEXT EFFECTIVE 1/01/26) › 32 §18704. State participation in the compact (WHOLE SECTION TEXT EFFECTIVE 1/01/26)

§18704. State participation in the compact
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/01/26)
1.  Participation requirements.
To participate in the compact, a state must:
A. Participate fully in the commission's data system, including using the commission's unique identifier as defined in rules;   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
B. Have a mechanism in place for receiving and investigating complaints about licensees;   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
C. Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
D. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subsection 2;   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
E. Comply with the rules of the commission;   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
F. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
G. Have continuing competence requirements as a condition for license renewal.   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
2.  Biometric-based information.
Upon adoption of this compact, the member state has the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 United States Code, Section 534 and 42 United States Code, Section 14616.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
3.  Compact privilege.
A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
4.  Fees.
Member states may charge a fee for granting a compact privilege.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
SECTION HISTORY
PL 2023, c. 329, §1 (NEW). PL 2023, c. 329, §3 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 149: PHYSICAL THERAPY LICENSURE COMPACT (TEXT EFFECTIVE 1/01/26) › 32 §18706. Active duty military personnel or their spouses (WHOLE SECTION TEXT EFFECTIVE 1/01/26)

§18706. Active duty military personnel or their spouses
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/01/26)
A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
1.  Home of record.
Home of record;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
2.  Permanent change of station.
Permanent change of station; or
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
3.  Current residence.
State of current residence if it is different than the permanent change of station state or home of record.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
SECTION HISTORY
PL 2023, c. 329, §1 (NEW). PL 2023, c. 329, §3 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 149: PHYSICAL THERAPY LICENSURE COMPACT (TEXT EFFECTIVE 1/01/26) › 32 §18709. Data system (WHOLE SECTION TEXT EFFECTIVE 1/01/26)

§18709. Data system
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/01/26)
1.  Database and reporting system.
The commission shall provide for the development, maintenance and utilization of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
2.  Uniform data set submission.
Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
A. Identifying information;   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
B. Licensure data;   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
C. Adverse actions against a licensee or compact privilege;   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
D. Nonconfidential information related to alternative program participation;   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
E. Any denial of application for licensure and the reasons for that denial; and   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
F. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
3.  Investigative information availability.
Investigative information pertaining to a licensee in any member state may be made available only to other party states.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
4.  Adverse action information.
The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state must be available to any other member state.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
5.  Confidential information.
Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
6.  Information expungement.
Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
SECTION HISTORY
PL 2023, c. 329, §1 (NEW). PL 2023, c. 329, §3 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 149: PHYSICAL THERAPY LICENSURE COMPACT (TEXT EFFECTIVE 1/01/26) › 32 §18712. Date of implementation of compact; associated rules; withdrawal; amendment (WHOLE SECTION TEXT EFFECTIVE 1/01/26)

§18712. Date of implementation of compact; associated rules; withdrawal; amendment
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/01/26)
1.  Effective date.
The compact takes effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions of the compact that become effective at that time are limited to the powers granted to the commission relating to assembly and the promulgation of rules. After the effective date of the compact, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
2.  Subsequent member states.
Any state that joins the compact subsequent to the commission's initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
3.  Withdrawal.
Any member state may withdraw from this compact by enacting a statute repealing the same.
A. A member state's withdrawal does not take effect until 6 months after enactment of the repealing statute.   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
B. Withdrawal does not affect the continuing requirement of the withdrawing state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this chapter prior to the effective date of withdrawal.   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
4.  Other agreements or arrangements.
Nothing contained in this compact may be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
5.  Amendment.
This compact may be amended by the member states. An amendment to this compact does not become effective and binding upon any member state until it is enacted into the laws of all member states.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
SECTION HISTORY
PL 2023, c. 329, §1 (NEW). PL 2023, c. 329, §3 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 149: PHYSICAL THERAPY LICENSURE COMPACT (TEXT EFFECTIVE 1/01/26) › 32 §18713. Construction and severability (WHOLE SECTION TEXT EFFECTIVE 1/01/26)

§18713. Construction and severability
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/01/26)
This compact may be liberally construed so as to effectuate the purposes thereof. The provisions of this compact must be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance is not affected thereby. If this compact is held contrary to the constitution of any party state, the compact remains in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
SECTION HISTORY
PL 2023, c. 329, §1 (NEW). PL 2023, c. 329, §3 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 1: CONTRACTS FOR SALE OF REAL ESTATE › 33 §1. Termination date

§1. Termination date
All contracts entered into for the sale or transfer of real estate and all contracts whereby a person, company or corporation becomes an agent for the sale or transfer of real estate shall become void in one year from the date such contract is entered into unless the time for the termination thereof is definitely stated.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 1: CONTRACTS FOR SALE OF REAL ESTATE › 33 §2. Specific performance after death of seller

§2. Specific performance after death of seller
If a person, who has contracted in writing to convey real estate, dies before making the conveyance, the other party may file a complaint in the Superior Court to enforce specific performance thereof against the personal representative, the successors to the decedent's property which is subject to the contract if no administration has occurred, or to the distributees of that property, if the action is commenced within 3 years from the first appointment of a personal representative or from the time when he is entitled to such conveyance, but not exceeding 4 years after the first appointment of a personal representative, provided written notice of the existence of the contract is given to the personal representative within one year after the first appointment of a personal representative.   [PL 1979, c. 540, §39 (AMD).]
SECTION HISTORY
PL 1979, c. 540, §39 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 1: CONTRACTS FOR SALE OF REAL ESTATE › 33 §3. -- decree

§3. -- decree
If it appears that the plaintiff is entitled to a conveyance, the court may require the personal representative, successor or distributee to convey the estate as the deceased ought to have done. The conveyance shall pass the estate as fully as if made by the contractor.   [PL 1979, c. 540, §40 (AMD).]
SECTION HISTORY
PL 1979, c. 540, §40 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 1: CONTRACTS FOR SALE OF REAL ESTATE › 33 §4. -- enforcement of decree

§4. -- enforcement of decree
If the defendant neglects or refuses to convey according to the decree, the court may render judgment for the plaintiff for possession of the land, to hold according to the terms of the intended conveyance, and may issue a writ of seizin as in a real action, under which the plaintiff, having obtained possession, shall hold the premises as effectually as if conveyed in pursuance of the decree; or the court may enforce its decree by any other process.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 1: CONTRACTS FOR SALE OF REAL ESTATE › 33 §5. Specific performance after death of purchaser

§5. Specific performance after death of purchaser
If the person entitled to such conveyance dies before bringing his action, or before the conveyance is completed or such seizin and possession are obtained, his personal representative, or the successor to the property if there is no administration may bring and prosecute such action, and shall be entitled to the conveyance or seizin and possession in like manner as the obligee.   [PL 1979, c. 540, §41 (AMD).]
SECTION HISTORY
PL 1979, c. 540, §41 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 1: CONTRACTS FOR SALE OF REAL ESTATE › 33 §9. Refusal or incapacity of spouse to release interest; rights of creditors (REPEALED)

§9. Refusal or incapacity of spouse to release interest; rights of creditors
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §42 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 3: STATUTE OF FRAUDS › 33 §51. Writing required; consideration need not be expressed

§51. Writing required; consideration need not be expressed
No action shall be maintained in any of the following cases:
1.  Executor or administrator.
To charge an executor or administrator upon any special promise to answer damages out of his own estate;
2.  Debt of another.
To charge any person upon any special promise to answer for the debt, default or misdoings of another;
3.  Agreement of marriage.
To charge any person upon an agreement made in consideration of marriage;
4.  Contract for sale of land.
Upon any contract for the sale of lands, tenements or hereditaments, or of any interest in or concerning them;
5.  Agreement not to be performed within one year.
Upon any agreement that is not to be performed within one year from the making thereof;
6.  Contract to pay debt discharged in bankruptcy.
Upon any contract to pay a debt after a discharge therefrom under the bankrupt laws of the United States, or assignment or insolvent laws of this State;
7.  Agreement to give property by will.
Upon any agreement to give, bequeath or devise by will to another, any property, real, personal or mixed;
8.  Agreement to refrain from carrying on any business.
Upon any agreement to refrain from carrying on or engaging in any trade, business, occupation or profession for any term of years or within any defined territory or both; the provisions of this subsection shall not apply to any such agreement made prior to August 13, 1947;
unless the promise, contract or agreement on which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith, or by some person thereunto lawfully authorized; but the consideration thereof need not be expressed therein, and may be proved otherwise.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 3: STATUTE OF FRAUDS › 33 §52. Written ratification of minor's contracts required; contracts to further higher education

§52. Written ratification of minor's contracts required; contracts to further higher education
No action shall be maintained on any contract made by a minor, unless he, or some person lawfully authorized, ratified it in writing after he arrived at the age of 18 years, except for necessaries or real estate of which he has received the title and retains the benefit.   [PL 1971, c. 598, §83 (AMD).]
Provided that any minor 16 years of age or over, who receives aid and assistance from the New England Higher Education Assistance Foundation for the purpose of furthering his higher education in professional, technical, scientific or literary fields in the form of a loan or loans made or guaranteed in full or in part by said foundation, shall have full legal capacity for such purpose to act in his own behalf in the matter of notes, contracts and other transactions, and with respect to such acts done by him, he shall have rights, powers and privileges and be subject to the obligations of persons of full age.
Provided that any minor 16 years of age or over, who for the purpose of furthering his higher education in the professional, educational, scientific or literary fields, shall have full legal capacity to act in his own behalf in the matter of making notes, contracts and other transactions, and with respect to such acts done, shall have rights, powers and privileges and be subject to the obligations of persons of full age.
SECTION HISTORY
PL 1969, c. 433, §93 (AMD). PL 1971, c. 598, §83 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 3: STATUTE OF FRAUDS › 33 §53. Representation of another's credit

§53. Representation of another's credit
No action shall be maintained to charge any person by reason of any representation or assurance, concerning the character, conduct, credit, ability, trade or dealings of another, unless made in writing and signed by the party to be charged thereby or by some person by him legally authorized.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5: RULE AGAINST PERPETUITIES › 33 §101. Application of rule (REPEALED)

§101. Application of rule
(REPEALED)
SECTION HISTORY
PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5: RULE AGAINST PERPETUITIES › 33 §101-A. Trusts exempt from rule against perpetuities (REPEALED)

§101-A. Trusts exempt from rule against perpetuities
(REPEALED)
SECTION HISTORY
PL 1999, c. 391, §1 (NEW). PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5: RULE AGAINST PERPETUITIES › 33 §102. Age may be reduced to 21 (REPEALED)

§102. Age may be reduced to 21
(REPEALED)
SECTION HISTORY
PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5: RULE AGAINST PERPETUITIES › 33 §103. Contingent interests (REPEALED)

§103. Contingent interests
(REPEALED)
SECTION HISTORY
PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).