reglab/statecodes huggingface dataset:
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 2 - LICENSURE › Section 322-2-6 - Classes of Licensure or Certification

Current through 2024-29, July 17, 2024
1.
Professional Engineer:
An applicant for licensure as a
				Professional Engineer must fulfill the requirements of one of the following
				statutory classes of licensure:
A. By
				endorsement or comity, without further examination. Applicants must provide
				documentation that they meet the requirements of
				32 M.R.S.A. Section
				1352-A(1)(A) or (1)(B);
				or
B. By Graduation, Experience and
				Examination. Applicants must provide documentation that they meet the
				requirements of
				32 M.R.S.A.
				Section1352-A(1)(C), (1)(D) or
				(1)(E). Graduate-level education may be
				counted toward the required experience as follows:
(1) A master's degree in engineering from an
				approved curriculum may be counted as 1 year of experience; or
(2) A doctorate degree or combination of a
				doctorate degree and master's degree in engineering from an approved curriculum
				may be counted as 2 years of experience.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 2 - LICENSURE › Section 322-2-7 - Application and Licensure

Current through 2024-29, July 17, 2024
1. The Executive
				Director or staff reviews all applications for conformity with the Act and the
				Rules. Only complete applications will be considered by the Board for
				licensure.
2. An application not
				accompanied by proper fees will be returned to the applicant. An application
				not conforming to the Act or the Rules will be returned to the applicant with
				instructions for correction.
3. An
				applicant meeting all other qualifications but lacking the full number of
				reference letters may be allowed to sit for the examination pending receipt of
				the appropriate references. In no case will final licensure be granted by the
				Board until all licensure requirements are satisfied.
4. The Board will issue a professional
				engineering license to each successful applicant. Each license is numbered and
				contains the authorized signatures of the Chair of the Board and the Executive
				Director.
5. A duplicate license
				will be issued upon payment of the appropriate fee, unless the fee is waived
				for cause by the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 2 - LICENSURE › Section 322-2-8 - Examinations

Current through 2024-29, July 17, 2024
1. Examinations are required of all
				applicants who do not qualify for licensure by endorsement or comity.
2. The requisite examinations are national
				examinations prepared, administered and scored by NCEES.
3. Examinations are held at locations and on
				dates established by NCEES.
4. As
				soon as practicable, the Board notifies the candidate of the results and may
				permit the release of scores to candidates electronically.
5. A candidate failing an examination may be
				reexamined in accordance with
				32 M.R.S.A.
				Section1354.
References:
Each applicant for licensure as a
				  Professional Engineer must submit the names and addresses of at least 5
				  persons, 3 of whom are licensed Professional Engineers, who can verify all or
				  part of the information submitted.
Rejection:
Any individual whose application is
				  rejected will be notified in writing. The written notice will advise the
				  applicant of the reasons for rejection and the right to appeal pursuant to
				  5 M.R.S.A.
				  Section10003. The applicant may also submit
				  additional evidence for consideration by the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 2 - LICENSURE › Section 322-2-9 - Licensure Obligations

Current through 2024-29, July 17, 2024
1. Licensees doing
				business with the public as a Professional Engineer must post the license in a
				location that is accessible to the public.
2. Licensees shall notify the Board of any
				change of address within 10 business days.
3. Licensees shall notify the Board of any
				criminal conviction within 30 days of final adjudication.
4. Licensees shall notify the Board of any
				discipline in any other jurisdiction within 30 days of final action.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 2 - LICENSURE › Section 322-2-10 - Expiration, Renewal and Reinstatement of Licenses

Current through 2024-29, July 17, 2024
1. All professional engineering licenses
				expire on December 31 of each odd-numbered year.
2. The Executive Director of the Board
				notifies each Licensee of the expiration date of the license and the fee
				required for its renewal. The notice is provided at least 30 days in advance of
				the date of expiration.
3. A
				Licensee may reinstate an inactive license within 3 years by meeting the
				requirements of the Act and by obtaining all delinquent PDHs and paying the
				appropriate fee. If the total number of PDHs required to become current exceeds
				30 PDHs, then 30 PDHs shall be the maximum required.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 2 - LICENSURE › Section 322-2-11 - Application of the Professional Engineer Seal

Current through 2024-29, July 17, 2024
1. Each Licensee is authorized to obtain a
				seal of the size and design prescribed by the Board. The seal may be an
				embossed seal, a rubber stamp or an electronically generated image.
2. Each Licensee is responsible for the
				proper use of the Licensee's seal.
3. The Licensee's signature and the date must
				accompany the seal. Effective signature may be an electronic signature as
				defined by
				10 M.R.S.A.
				Section9402.
4. Sealed documents may be transmitted
				electronically.
5. A seal shall be
				applied, signed and dated, including hardcopy or electronic versions, in the
				following cases:
A. On all professional
				engineering plans, specifications, reports, or calculations prepared by or
				under the direction of the responsible licensed Professional Engineer;
B. On all professional engineering
				plans, specifications, reports or calculations formally filed or offered for
				filing with any public body or agency; and
C. On all professional engineering plans,
				specifications, reports or calculations formally submitted to contractors for
				bids or estimates, or when released for construction.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 3 - PROFESSIONAL DEVELOPMENT HOURS › Section 322-3-1 - Advisory Rulings

Current through 2024-29, July 17, 2024
A. Authority and
				Scope.
pursuant to
				   5 MRSA,
				  Section9001, concerning the applicability of
				  any statute or rule it administers to an existing factual situation. Advisory
				  rulings will be issued at the Board's discretion and only upon request. Each
				  request will be individually reviewed to determine whether an advisory ruling
				  is appropriate. The Board may decline to issue an advisory ruling if the
				  question is hypothetical, if there is insufficient experience upon which to
				  base a ruling, or for any other reason the board deems proper.
B. Submission.
Requests for advisory rulings must be in writing and must set
				  forth in detail all facts pertinent to the question. The Board may require
				  additional information to complete a factual background for its ruling.
C. Consideration.
The Board will acknowledge all requests for advisory rulings
				  within sixty (60) days. The acknowledgement will state whether a ruling will be
				  given.
Alternatively, the acknowledgement may request additional
				  information to determine whether an advisory ruling is appropriate.
All advisory rulings must be in writing and include a
				  statement of the facts or assumptions or both upon which the rulings are based.
				  The statement must be sufficiently detailed to allow understanding of the basis
				  of the opinion without reference to other documents. Advisory rulings are
				  signed by the chief officer of the board and numbered in an appropriate serial
				  manner.
D. Disposition.
Each completed advisory ruling will be mailed to the
				  requesting party and a copy kept by the board in a file or binder established
				  for this purpose. All completed advisory rulings are public documents and
				  available for public inspection during the board's normal working hours. In
				  addition, the board may publish or circulate any advisory ruling as it deems
				  appropriate.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 3 - PROFESSIONAL DEVELOPMENT HOURS › Section 322-3-2 - Adjudicatory Proceedings

Current through 2024-29, July 17, 2024
It is determined that the statutory provisions relating to
				  the conduct of adjudicatory proceedings are sufficient and that additional
				  rules of practice for such proceedings are not necessary.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 3 - PROFESSIONAL DEVELOPMENT HOURS › Section 322-3-12 - Professional Development Hours (PDH)

Current through 2024-29, July 17, 2024
1. Each
				Licensee shall obtain at least 30 PDHs during the biennial license period, as a
				condition of licensure renewal. If the Licensee exceeds the requirement in any
				license period, a maximum of 15 PDHs may be carried forward into the next
				license period.
2. In order to
				qualify for licensure renewal credit, PDHs shall be relevant to the practice of
				professional engineering, and may include technical, ethical or managerial
				subject matter.
3. PDHs shall be
				credited as follows:
A. Successful completion
				of a 1 semester-hour course that is part of an approved professional
				engineering curriculum will be awarded 45 PDHs.
B. Successful completion of a quarter-hour
				course that is part of an approved professional engineering curriculum will be
				awarded 30 PDHs.
C. Qualifying
				college or continuing education courses that are not part of an approved
				professional engineering curriculum will be awarded 1 PDH for each contact
				hour.
D. Course work, seminars, or
				professional technical presentations made at meetings, conventions, or
				conferences will be awarded 1 PDH for each hour of attendance.
E. Teaching credit will be awarded to the
				instructor at a ratio of 2:1 to those PDHs that are awarded to participants.
				For the purpose of this rule, teaching includes instruction or making technical
				presentations at qualifying courses, seminars or meetings. Teaching credit will
				be awarded for teaching a course or seminar for the first time only and shall
				not apply to full-time faculty.
F.
				Each professional journal, published paper, article or engineering text
				published within the applicable license period will earn 10 PDHs.
G. Each year of active participation as an
				officer or committee member within a professional or technical society will
				earn 1 PDH. PDHs shall not be earned until each year of service is completed
				and shall be limited to 2 PDHs per organization per renewal. This limit does
				not apply to PDHs obtained through instruction or attendance at technical
				presentations by such an organization.
H. Filing a patent application will earn 10
				PDHs.
I. Active participation as a
				pro bono committee member involved in the development, revision or update of
				standards, specifications, technical instructions or codes that are intended
				for the use or guidance of Professional Engineers or for the protection of
				public health and safety will be awarded up to 15 PDHsper 2-year licensure
				period.
J. The number of PDHs
				required to renew a license that was first issued within the two-year licensure
				period will be pro-rated by the number of months the license has been in
				effect.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 4 - CODE OF ETHICS › Section 322-4-13 - Preamble

Current through 2024-29, July 17, 2024
1. To comply with the purpose of the Act,
				which is "to safeguard life, health and property," and to maintain a high
				standard of integrity and practice, the Board adopts the following Code of
				Ethics.
2. The Code of Ethics shall
				be binding on every person holding a license to offer or perform professional
				engineering services in Maine. To the extent applicable, it shall also be
				binding on every person who holds a certificate as an Engineer-Intern in Maine.
				Persons holding a license, certificate or temporary license to practice
				professional engineering are referred to hereinafter collectively as
				"Licensees."
3. Licensees are
				required to be familiar with the Act and Rules of the Board and the Code of
				Ethics. In addition, each Licensee is charged with the responsibility of
				adhering to standards of highest ethical and moral conduct in all aspects of
				practice.
4. All Licensees shall
				practice professional engineering only in the areas of their competence
				according to current standards.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 4 - CODE OF ETHICS › Section 322-4-14 - Obligation to Society

Current through 2024-29, July 17, 2024
1. In the
				performance of their services for clients, employers and customers, Licensees
				shall be cognizant that their first and foremost responsibility is to the
				public welfare.
2. Licensees shall
				approve and seal only those design documents that conform to accepted
				engineering standards and safeguard the life, health, property and welfare of
				the public.
3. Licensees shall
				notify their employers or clients and any such other authority as may be
				appropriate when their professional judgment is overruled under circumstances
				where the life, health, property, or welfare of the public is
				endangered.
4. Licensees shall be
				objective and truthful in professional reports, statements or testimony. They
				shall include all relevant pertinent information in such reports, statements or
				testimony.
5. Licensees shall
				express a professional opinion publicly only when it is founded upon an
				adequate knowledge of the facts and a competent evaluation of the subject
				matter.
6. Licensees shall issue no
				statements, criticisms or arguments on technical matters which are inspired or
				paid for by interested parties, unless they explicitly identify the interested
				parties on whose behalf they are speaking and reveal any interest they have in
				the matters.
7. Licensees shall not
				permit the use of their name by, nor associate in business ventures with, any
				person or firm engaged in fraudulent or dishonest business or professional
				practices.
8. Licensees having
				knowledge of any possible violations of the Act, the Rules, or the Code of
				Ethics shall notify the Board and provide all information and assistance
				necessary in order for the Board to render a final disposition of the
				matter.
9. Licensees shall follow a
				program of professional development to maintain their competence.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 4 - CODE OF ETHICS › Section 322-4-15 - Obligation to Employer and Clients

Current through 2024-29, July 17, 2024
1. Licensees
				shall avoid conflicts of interest and faithfully serve the legitimate interests
				of their employers, clients, and customers within the limits defined by these
				rules.
2. Prior to engaging in any
				professional services, Licensees shall fully disclose to any employer or client
				any potential conflicts of interest which may influence or appear to influence
				their judgment or the quality of their service to any employer or
				client.
3. Licensees shall
				undertake assignments only when qualified by education or experience to perform
				the professional engineering involved.
4. Licensees shall not reveal confidential,
				proprietary, or otherwise protected information obtained in a professional
				capacity without the prior consent of the clients or employers, except as
				authorized or required by law.
5.
				Licensees shall not solicit or accept financial or other valuable
				consideration, directly or indirectly, from contractors, their agents or other
				parties in connection with their work for other employers or clients.
6. Licensees shall not accept compensation,
				financial or otherwise, from more than one party for services pertaining to the
				same project, unless the circumstances are fully disclosed and agreed to by all
				interested parties.
7. Licensees
				shall not solicit or accept a professional contract from a governmental body on
				which a principal or officer of their organization serves as a member.
				Conversely, Licensees who are principals or employees of a private concern and
				serve as members, advisors, or employees of a governmental body shall not
				participate in decisions with respect to professional services offered or
				provided by said concern to the governmental body which they serve.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 4 - CODE OF ETHICS › Section 322-4-16 - Obligation to Other Licensees

Current through 2024-29, July 17, 2024
1. Licensees shall
				not compete unfairly with others.
2. Licensees shall not falsify or permit
				misrepresentation of their or their associates' academic or professional
				qualifications. They shall not misrepresent or exaggerate their degree of
				responsibility in prior assignments or the complexity of said assignments.
				Presentations incident to the solicitation of employment or business shall not
				misrepresent pertinent facts concerning employers, employees, associates, joint
				ventures and past accomplishments.
3. Licensees shall not offer, give, solicit,
				receive, either directly or indirectly, any commission, gift or other valuable
				consideration in order to secure work and shall not make any political
				contribution with the intent to influence the award of a contract by public
				authority.
4. Licensees shall not
				attempt to injure, maliciously or falsely, directly or indirectly, the
				professional reputation, prospects, practice or employment of other Licensees
				nor indiscriminately criticize other Licensees' work.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 5 - APPLICATION AND LICENSURE FEES › Section 322-5-17 - Application and Licensure Fees

Current through 2024-29, July 17, 2024
The schedule of fees is as follows:
1. The application fee for Engineer-Intern
				certification is $25.00.
2. The
				application fee for Professional Engineer licensure is $50.00.
3. The licensure fee for Professional
				Engineer licensure is $120.00 per 2-year licensure ($60.00 per year).
4. The fee for renewal of licensure is
				$120.00 per 2-year licensure renewal.
5. The late fee for renewal applications
				received after the licensure expiration date is $50.00.
6. The fee for renewal of retired status is
				$20.00 per 2-year retired status renewal.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 322 - STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS › Chapter 6 - ADVISORY RULINGS › Section 322-6-18 - Advisory Rulings

Current through 2024-29, July 17, 2024
1.
Authority
				and Scope:
The Board may issue advisory rulings pursuant to
				5 MRSA,
				Section9001, concerning the applicability of
				any statute or rule it administers to an existing factual situation. Advisory
				rulings will be issued at the Board's discretion and only upon request. Each
				request will be individually reviewed to determine whether an advisory ruling
				is appropriate. The Board may decline to issue an advisory ruling if the
				question is hypothetical, if there is insufficient experience upon which to
				base a ruling, or for any other reason the Board deems proper.
2.
Submission:
Requests for
				advisory rulings must be in writing and must set forth in detail all facts
				pertinent to the question. The Board may require additional information to
				complete a factual background for its ruling.
3.
Consideration:
The Board will
				acknowledge all requests for advisory rulings within 60 days.
A. The acknowledgement will state whether a
				ruling will be given.
B.
				Alternatively, the acknowledgement may request additional information to
				determine whether an advisory ruling is appropriate.
C. All advisory rulings must be in writing
				and include a statement of the facts or assumptions or both upon which the
				rulings are based. The statement must be sufficiently detailed to allow
				understanding of the basis of the opinion without reference to other documents.
				Advisory rulings are signed by the chief officer of the Board and numbered in
				an appropriate serial manner.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 2-A - ADVISORY RULINGS › Section 331-2-A-1 - Request and Consideration

Current through 2024-29, July 17, 2024
Upon written request of any interested person, the board may
				  issue an advisory ruling pursuant to
				   5 M.R.S.A.
				  §9001 with respect to the applicability
				  of any statute or rule it administers. Requests for advisory rulings must set
				  forth in detail all facts pertinent to the question. The board may decline to
				  issue an advisory ruling if the question is hypothetical, if there is
				  insufficient information upon which to base a ruling, or for any other reason
				  the board deems proper.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 2-A - ADVISORY RULINGS › Section 331-2-A-2 - Response

Current through 2024-29, July 17, 2024
The board shall acknowledge receipt of a request for an
				  advisory ruling within 15 days after receipt. The board shall respond to every
				  written request for an advisory ruling within 90 days of its receipt of the
				  request, indicating whether or not a ruling will be issued by the board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 3 - EDUCATIONAL REQUIREMENTS FOR LICENSURE › Subchapter 1 - Associate or higher degree in funeral service optional › Section 331-3-1-1 - Scope of subchapter 1

Current through 2024-29, July 17, 2024
This subchapter applies to:
1. A person who is a registered practitioner
				  trainee as of the effective date of this amendment; and
2. Any other person who files a complete
				  application for licensure as a practitioner of funeral service prior to March
				  1, 2011.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 3 - EDUCATIONAL REQUIREMENTS FOR LICENSURE › Subchapter 1 - Associate or higher degree in funeral service optional › Section 331-3-1-2 - Eligibility for licensure

Current through 2024-29, July 17, 2024
To be eligible for licensure as a practitioner of funeral
					 service, an applicant for initial licensure shall meet all requirements set
					 forth in
					 32 MRSA
					 §1501 and shall satisfy the educational
					 requirements of either subsection
					 1 or subsection
					 2 below.
1. Receipt of an Associate Degree or higher
				  from a college of mortuary science accredited by the American Board of Funeral
				  Service Education or a successor or other organization approved by the board,
OR
2.
A. Successful completion of at least fifty
				  (50) credit hours of study at a college of mortuary science accredited by the
				  American Board of Funeral Service Education or a successor or other
				  organization approved by the board, and
B. Successful completion of a sufficient
				  number of college semester credit hours to entitle the applicant to admission
				  as a member in good standing of the second year class of any college or
				  university approved by a recognized accrediting authority.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 3 - EDUCATIONAL REQUIREMENTS FOR LICENSURE › Subchapter 2 - Associate or higher degree in funeral service required › Section 331-3-2-1 - Scope of subchapter 2

Current through 2024-29, July 17, 2024
This subchapter applies to a person who files a complete
					 application for licensure as a practitioner of funeral service on or after
					 March 1, 2011 other than a person who is a registered practitioner trainee as
					 of the effective date of this amendment.
1. To be eligible for licensure as a
				  practitioner of funeral service, an applicant shall have an Associate Degree or
				  higher from a program in funeral service accredited by the American Board of
				  Funeral Service Education or a successor or other organization approved by the
				  board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 5 - PRACTITIONER TRAINEES › Section 331-5-1 - Trainee Experience in Another Jurisdiction

Current through 2024-29, July 17, 2024
Upon receiving from the applicant proof of licensure as a
				  practitioner trainee or apprentice in another jurisdiction, the board may
				  accept the determination made by the Maine Apprenticeship Program with respect
				  to any partial or complete recognition of the hours completed in the other
				  jurisdiction.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 5 - PRACTITIONER TRAINEES › Section 331-5-2 - Application

Current through 2024-29, July 17, 2024
Application for licensure as a practitioner trainee must be
				  made on a form provided by the board. The applicant shall submit the fee
				  required by Chapter 10, Section
				  5(18) of the rules of
				  the Office of Licensing and Registration, entitled "Establishment of License
				  Fees," with the application. The board shall approve the applications of
				  qualified applicants and shall forward the names of the qualified applicants to
				  the Maine Apprenticeship Program.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 5 - PRACTITIONER TRAINEES › Section 331-5-4 - Apprenticeship Agreement

Current through 2024-29, July 17, 2024
Before the practitioner trainee enrolls with the Maine
				  Apprenticeship Program, the trainee and the licensed practitioner who will be
				  supervising the trainee shall agree to follow the requirements of the division
				  and the requirements of the board. The purpose of this agreement is to ensure
				  that proper training is accomplished and that proper documentation of the
				  training is created.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 5 - PRACTITIONER TRAINEES › Section 331-5-5 - Termination or Change of Employment

Current through 2024-29, July 17, 2024
1. Notice From
				Practitioner Trainee; New Agreement Required
A practitioner trainee shall notify the board in writing of
				  any termination or change of employment within ten (10) days of the termination
				  or change. Notice of a change of employment must include the name and address
				  of the new funeral home and the name of the new supervising practitioner. The
				  new supervising practitioner must enter into the agreement required by Section
				  4 of this chapter prior to the accrual
				  of any training hours recognizable under Section
				  6 of this chapter.
2. Notice From Supervising Licensed
				Practitioner
A supervising licensed practitioner shall notify the board in
				  writing of any termination or change of employment of a practitioner trainee
				  under the practitioner's supervision within ten (10) days of the termination or
				  change.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 5 - PRACTITIONER TRAINEES › Section 331-5-6 - Required Number of Hours

Current through 2024-29, July 17, 2024
Each practitioner trainee shall successfully complete an
				  apprenticeship of 2,000 on-the-job training hours at a licensed establishment.
				  board will not recognize training hours that were earned prior to or outside of
				  the trainee's enrollment with the Maine Apprenticeship Program, except as
				  described in Sections
				  1 and
				  10 of this chapter; nor will the board
				  recognize training hours earned in any branch of military service.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 5 - PRACTITIONER TRAINEES › Section 331-5-6A - Duration of Traineeship

Current through 2024-29, July 17, 2024
1. For Persons
				Registered Prior to Effective Date of New Amendments
For persons initially registered as practitioner trainees
				  between January 1, 2002 and the day prior to the effective date of these
				  amendments, the traineeship may not be less than one (1) year nor greater than
				  eight (8) years in duration.
2. For Persons Registered On or After
				Effective Date of New Amendments
For persons initially registered as practitioner trainees on
				  or after the effective date of these amendments, the traineeship may not be
				  less than one (1) year nor greater than four (4) years in duration, except that
				  the board may extend the duration of the traineeship in the event of
				  unforeseeable circumstances of genuine hardship.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 5 - PRACTITIONER TRAINEES › Section 331-5-7 - Certificate of Completion

Current through 2024-29, July 17, 2024
The practitioner trainee shall request a certificate of
				  completion from the Maine Apprenticeship Program upon successful completion of
				  the traineeship. The Maine Apprenticeship Program shall send documentation of
				  completion to the board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 5 - PRACTITIONER TRAINEES › Section 331-5-8 - Application for Licensure

Current through 2024-29, July 17, 2024
Application for licensure as a practitioner of funeral
				  service must be made within five (5) years following the completion of
				  apprenticeship training; after five (5) years, the traineeship will not be
				  recognized.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 5 - PRACTITIONER TRAINEES › Section 331-5-9 - No Subsequent Work as Trainee

Current through 2024-29, July 17, 2024
A person may not work as a practitioner trainee following
				  successful completion of a traineeship.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 5 - PRACTITIONER TRAINEES › Section 331-5-10 - Alternate Recognition Process for Traineeship or Apprenticeship Completed in Another Jurisdiction

Current through 2024-29, July 17, 2024
In lieu of a traineeship completed under the auspices of the
				  Maine Apprenticeship Program, and in the absence of a determination from the
				  Maine Apprenticeship Program pursuant to Section
				  1 of this chapter, the Board may
				  recognize a traineeship completed in another jurisdiction upon demonstration by
				  the applicant, and submission of such documents as the board may require, that
				  the completed traineeship was substantially similar in nature to the
				  traineeship described in this chapter. The hours, duration and recency
				  provisions of this chapter apply to any such traineeship. The applicant is
				  responsible for corroborating the number of hours served. Recognition by the
				  board substitutes for the certificate of completion described in Section
				  7 of this chapter and required for
				  licensure by Chapter 6-A, Section
				  2(1)(B) of the board's
				  rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 6-A - PATHWAYS TO LICENSURE AS A PRACTITIONER OF FUNERAL SERVICE › Section 331-6-A-1 - Pathways to Licensure

Current through 2024-29, July 17, 2024
Applicants may qualify for licensure as a practitioner of
				  funeral service in either of two ways:
1. Pathway 1: Initial Licensure
A. Completing the education requirement
				contained in Chapter 3 of the board's rules;
B. Completing a practice traineeship or its
				equivalent as described in Chapter 5 of the board's rules; and
C. Achieving passing scores on the National
				Board Examination, State Law and Rule Examination, and Practical Examination as
				described in Section 2 of this chapter.
OR
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 6-A - PATHWAYS TO LICENSURE AS A PRACTITIONER OF FUNERAL SERVICE › Section 331-6-A-2 - Pathway 1: Initial Licensure

Current through 2024-29, July 17, 2024
1. Application and
				Fees; Passing Score on National Board Examination
Application for examination and licensure as a practitioner
				  of funeral service must be made on forms provided by the board. The applicant
				  shall submit with the application:
A.
				Academic transcripts showing satisfaction of the educational requirements
				contained in Chapter 3 of the board's rules;
B. A certificate of completion from the Maine
				Apprenticeship Program, as described in Chapter 5, Section 7 of the board's
				rules, including acceptance or recognition of trainee hours completed in
				another jurisdiction pursuant to Chapter 5, Sections 1 and 10 of the board's
				rules;
C. Documentation that the
				applicant has attained a minimum passing score of 75% on each of the major
				sections of the National Board Examination, or its successor or equivalent;
				and
D. The license and examination
				fees required by Chapter 10, Section 5(18) of the rules of the Office of
				Licensing and Registration, entitled "Establishment of License Fees."
All applications must be complete. Incomplete applications
				  may be discarded by the board after one year from the date of the initial
				  submission.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 6-A - PATHWAYS TO LICENSURE AS A PRACTITIONER OF FUNERAL SERVICE › Section 331-6-A-3 - Pathway 2: Licensure in Another State

Current through 2024-29, July 17, 2024
1.
				Application and Fees; License Verification
Application for licensure as a practitioner of funeral
				  service must be made on forms provided by the board. The applicant shall submit
				  with the application:
A. Proof that
				the applicant -
(1) Has been in continuous
				active practice as a licensed practitioner of funeral service of another state
				for the 3-year period immediately preceding submission of the application to
				the board; or
(2) Holds an active
				license to practice funeral service from another state that was obtained on the
				basis of license requirements that are substantially similar to the
				requirements of Maine law and these rules of the board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 7 - FUNERAL ESTABLISHMENTS › Section 331-7-1 - Licensure

Current through 2024-29, July 17, 2024
Every funeral establishment and every branch thereof must be
				  licensed with the board by a licensee in charge. A funeral establishment or
				  branch thereof may not operate unless the funeral establishment or branch is
				  licensed with the board. The licensee in charge is responsible for the
				  establishment's or branch's compliance with the funeral laws and rules of the
				  board. A funeral establishment or branch thereof may not operate without a
				  licensee in charge.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 7 - FUNERAL ESTABLISHMENTS › Section 331-7-2 - Application for Licensure

Current through 2024-29, July 17, 2024
Application for licensure of a funeral establishment or
				  branch must be made by the licensee in charge on a form provided by the board.
				  The applicant shall submit the fee required by Chapter 10, Section
				  5(18) of the rules of
				  the Office of Licensing and Registration, entitled "Establishment of License
				  Fees," with the application.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 7 - FUNERAL ESTABLISHMENTS › Section 331-7-3 - Issuance of License

Current through 2024-29, July 17, 2024
The board will issue a license to each licensed funeral
				  establishment and branch. The license must be publicly displayed on the
				  premises at all times and must be renewed annually.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 7 - FUNERAL ESTABLISHMENTS › Section 331-7-4 - Inspection

Current through 2024-29, July 17, 2024
An initial inspection of the premises and records may be
				  scheduled after initial issuance of the license. However, a licensee is
				  responsible at all times for complying with the funeral laws and the rules of
				  the board. A funeral inspector or authorized employee of the Office of
				  Licensing and Registration may enter any funeral establishment during
				  reasonable business hours without prior notice for the purpose of inspecting
				  the premises, the records, including mortuary trust records, and the work of
				  licensees and practitioner trainees conducted therein.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 7 - FUNERAL ESTABLISHMENTS › Section 331-7-5 - Unavailability of Licensee in Charge

Current through 2024-29, July 17, 2024
A funeral establishment shall immediately notify the board in
				  writing upon the death, incapacity, resignation or unavailability for any
				  reason of a licensee in charge. The establishment or branch may not operate
				  until the establishment has notified the board in writing that a replacement
				  licensee in charge has been engaged. The establishment shall furnish the name
				  and address of the replacement licensee in charge and such additional
				  information as the board may require.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 7 - FUNERAL ESTABLISHMENTS › Section 331-7-6 - Procedures Upon Change of Ownership

Current through 2024-29, July 17, 2024
A funeral establishment shall take the following steps within
				  thirty (30) days of a change of ownership as defined in Chapter 1, Section 4-A
				  of the board's rules:
1. Apply for
				licensure of the establishment and branches by a licensee in charge as
				described in Section
				2 of this chapter; and
2. Send proof to the board that the funeral
				establishment has given the notices required by Chapter 16, Section 9 of the
				board's rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 8 - SAFETY AND HEALTH STANDARDS › Section 331-8-1 - Preparation Room

Current through 2024-29, July 17, 2024
Every funeral establishment maintained or used for the
				  purpose of embalming must contain at least one room of adequate size to be used
				  exclusively as a preparation or embalming room. No other room may be used for
				  embalming. A preparation room may not be accessible to the public when human
				  remains are being prepared. Restrictions on entry into a preparation room must
				  be posted on all doors to the room. Only the following persons may be admitted
				  to a preparation room:
1. Licensed
				practitioners of funeral service;
2. Licensed funeral attendants;
3. Practitioner trainees;
4. Unlicensed students who are currently
				enrolled in a college of mortuary science accredited by the American Board of
				Funeral Service Education;
5.
				Medical examiners, consulting physicians or other experts, and their support
				personnel;
6. Law enforcement
				officers;
7. Physician(s) of the
				deceased or the immediate family of the deceased;
8. Licensed cosmetologists; and
9. Authorized persons as defined in Chapter
				1, Section
				2 of the board's rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 8 - SAFETY AND HEALTH STANDARDS › Section 331-8-2 - Biomedical Wastes

Current through 2024-29, July 17, 2024
Every funeral establishment shall comply with Chapter 900 of
				  the rules of the Department of Environmental Protection, 06-096, entitled
				  "Biomedical Waste Management Rules," dated May 4, 1996, to the extent that
				  chapter is applicable to the funeral establishment
[NOTE: Chapter 900 is enforced by the Department of
				  Environmental Protection.]
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 8 - SAFETY AND HEALTH STANDARDS › Section 331-8-3 - Cleanliness and Sanitation

Current through 2024-29, July 17, 2024
The preparation or embalming room must be maintained in a
				  clean and sanitary condition at all times.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 8 - SAFETY AND HEALTH STANDARDS › Section 331-8-4 - Facilities and Equipment

Current through 2024-29, July 17, 2024
The facilities and equipment required in preparation or
				  embalming rooms must include, but not be limited to, the following:
1. Hot and cold running water;
2. Flush or slop sink connected to a public
				sewerage system or a septic tank;
3. Morgue table which is covered with an
				impervious material;
4. Covered
				waste container;
5. First aid
				emergency kit;
6. Heavy latex (or
				hypo-allergenic) gloves;
7.
				Necessary instruments and apparatus for the embalming process;
8. A method of sterilization of
				instruments;
9. Walls constructed
				of, or covered with, impervious material which extend from floor to
				ceiling;
10. Floor of cement, tile,
				or composition and which extends from wall to wall;
11. Necessary antiseptics and disinfectants;
				and
12. Clean gowns or
				aprons.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 8 - SAFETY AND HEALTH STANDARDS › Section 331-8-5 - Gown or Smock; Gloves

Current through 2024-29, July 17, 2024
Each person engaged in the preparation of human remains shall
				  be attired in appropriate protective equipment and a clean and sanitary smock
				  or gown. The gown or smock must cover the person from the neck to below the
				  knees. The gown or smock must be properly laundered or disposed of. Each person
				  shall wear heavy latex (or hypo-allergenic) gloves at all times during the
				  embalming process.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 8 - SAFETY AND HEALTH STANDARDS › Section 331-8-6 - Cleaning and Disinfecting

Current through 2024-29, July 17, 2024
Sheets, linens, materials, supplies and all instruments and
				  appliances which have come in contact with human remains must be thoroughly
				  cleansed and disinfected at the conclusion of each
				  preparation.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 8 - SAFETY AND HEALTH STANDARDS › Section 331-8-7 - Ventilation

Current through 2024-29, July 17, 2024
The preparation room must be ventilated so that no
				  deleterious odors stay in the room, and no deleterious odors may enter any
				  other part of the premises.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 8 - SAFETY AND HEALTH STANDARDS › Section 331-8-8 - Protection of Potable Water

Current through 2024-29, July 17, 2024
Construction of nonpotable water systems or systems carrying
				  any other nonpotable substance must be such as to prevent backflow or
				  backsiphonage into a potable water system.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 10 - GENERAL RULES / SCOPE OF PRACTICE › Section 331-10-1 - Hairdressing and Cosmetology

Current through 2024-29, July 17, 2024
Hairdressing and cosmetology of the deceased may only be
				  performed by a practitioner of funeral service, a licensed cosmetologist or an
				  authorized person.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 10 - GENERAL RULES / SCOPE OF PRACTICE › Section 331-10-2 - Embalming

Current through 2024-29, July 17, 2024
Embalming may only be performed by a practitioner of funeral
				  service or a practitioner trainee who is under the supervision of a
				  practitioner of funeral service.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 10 - GENERAL RULES / SCOPE OF PRACTICE › Section 331-10-3 - Funeral Directors

Current through 2024-29, July 17, 2024
A funeral director may engage in all activities of a
				  practitioner of funeral service other than embalming. These may include one or
				  more of the following:
1. Directing or
				supervising funerals;
2. Preparing,
				other than by embalming, or disposing of human remains by any legal means;
				and
3. Operating a funeral
				establishment which is advertised or used for funeral services.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 10 - GENERAL RULES / SCOPE OF PRACTICE › Section 331-10-4 - Funeral Attendants

Current through 2024-29, July 17, 2024
1. Funeral
				attendants may:
A. Remove human remains from
				the place of death;
B. Dress human
				remains;
C. Place human remains in
				a casket;
D. Assist a practitioner
				of funeral service at a funeral service, graveside service or memorial service;
				and
E. Supervise a
				visitation.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 10 - GENERAL RULES / SCOPE OF PRACTICE › Section 331-10-7 - Federal Trade Commission Funeral Rule

Current through 2024-29, July 17, 2024
The board incorporates by reference into this chapter the
				  Funeral Industry Practices Revised Rule issued by the Federal Trade Commission
				  effective July 19, 1994, and codified at 16 CFR Part 453 (1/1/08 ed.). Copies
				  are available at cost from the Board or from the U.S. Government Printing
				  Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA
				  15250-7954or at no charge on the world wide web at
www.gpoaccess.gov/cfr/index.html
.