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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 1-A. GENERAL PROVISIONS
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Title 32 - §59-A. Consumer information (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§59-A. Consumer information (REPEALED)
Section History:
PL 1993,
Ch. 600,
§A26
(NEW).
PL 1995,
Ch. 370,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §59-B. Deferment for continuing education
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§59-B. Deferment for continuing education
If a person licensed under this Title is required to obtain continuing education and does not meet the requirement due to
an undue hardship, the licensing authority for the profession of that person may grant a hardship deferment with a provision
for the person to make up the continuing education requirement. A licensing authority under this Title shall adopt routine
technical rules as defined in Title 5, chapter 375, subchapter II-A to implement the provisions of this section.
[2001, c. 285, §1 (new).]
Section History:
PL 2001,
Ch. 285,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §59. Temporary licenses
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§59. Temporary licenses
If a person holds a valid license issued by an occupational or professional licensing board established in Title 5, section
12004-A, at the time of initial enlistment in the United States Armed Forces and the license lapses during the licensee's
initial enlistment, that person may obtain a temporary license if that person meets all requirements for issuance of that
license except examination by payment of a $5 fee, provided that the application for the temporary license is made not later
than 90 days after the date of discharge. This temporary license shall continue in force until the results of the next licensing
examination are available. The terms of this section shall apply notwithstanding any contrary provision contained in the
statutes governing these licensing boards.
[1989, c. 503, Pt. B, §118 (amd).]
Section History:
PL 1985,
Ch. 297,
§
(NEW).
PL 1989,
Ch. 503,
§B118
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-A. Consumer complaints of board procedure
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§60-A. Consumer complaints of board procedure
Complaints received by an occupational and professional regulatory board regarding that board's administrative procedure must
be filed by the board with the Department of the Attorney General.
[1993, c. 600, Pt. A, §26 (new).]
Section History:
PL 1993,
Ch. 600,
§A26
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-B. Compensation (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§60-B. Compensation (REPEALED)
Section History:
PL 1995,
Ch. 397,
§16
(NEW).
PL 1995,
Ch. 502,
§H18
(AMD).
PL 1999,
Ch. 687,
§D3
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-C. Disposition of fees (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§60-C. Disposition of fees (REPEALED)
Section History:
PL 1995,
Ch. 397,
§16
(NEW).
PL 1995,
Ch. 502,
§H18
(AMD).
PL 1999,
Ch. 687,
§D3
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-D. Contracts (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§60-D. Contracts (REPEALED)
Section History:
PL 1995,
Ch. 397,
§16
(NEW).
PL 1995,
Ch. 502,
§H18
(AMD).
PL 1999,
Ch. 386,
§D1
(AMD).
PL 1999,
Ch. 687,
§D4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-E. Budget (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§60-E. Budget (REPEALED)
Section History:
PL 1995,
Ch. 397,
§16
(NEW).
PL 1995,
Ch. 502,
§H18
(AMD).
PL 1999,
Ch. 687,
§D5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-F. Employees (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§60-F. Employees (REPEALED)
Section History:
PL 1995,
Ch. 397,
§16
(NEW).
PL 1995,
Ch. 502,
§H18
(AMD).
PL 1999,
Ch. 687,
§D5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-G. Disciplinary actions; unlicensed practice (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§60-G. Disciplinary actions; unlicensed practice (REPEALED)
Section History:
PL 1995,
Ch. 397,
§16
(NEW).
PL 1995,
Ch. 502,
§H18
(AMD).
PL 1997,
Ch. 727,
§C7
(AMD).
PL 1999,
Ch. 687,
§D6
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-H. Investigations; enforcement duties; assessments (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§60-H. Investigations; enforcement duties; assessments (REPEALED)
Section History:
PL 1995,
Ch. 397,
§16
(NEW).
PL 1995,
Ch. 502,
§H18
(AMD).
PL 1999,
Ch. 386,
§D2
(AMD).
PL 1999,
Ch. 687,
§D7
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-I. Citations and fines (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§60-I. Citations and fines (REPEALED)
Section History:
PL 1995,
Ch. 397,
§16
(NEW).
PL 1995,
Ch. 502,
§H18
(AMD).
PL 1999,
Ch. 386,
§D3
(AMD).
PL 1999,
Ch. 687,
§D8
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-J. Evaluation criteria
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 2: SUNRISE REVIEW PROCEDURES (HEADING: PL 1995, c. 686, @2 (new))
§60-J. Evaluation criteria
Pursuant to Title 5, section 12015, subsection 3, any professional or occupational group or organization, any individual or
any other interested party, referred to in this section as the "applicant group," that proposes regulation of any unregulated
professional or occupational group or substantial expansion of regulation of a regulated professional or occupational group
shall submit with the proposal written answers and information pertaining to the evaluation criteria enumerated in this section
to the appropriate committee of the Legislature. The technical committee, the Commissioner of Professional and Financial
Regulation, referred to in this subchapter as the "commissioner," and the joint standing committee, before it makes its final
recommendations to the full Legislature, also shall accept answers and information pertaining to the evaluation criteria from
any party that opposes such regulation or expansion and from any other interested party. All answers and information submitted
must identify the applicant group, the opposing party or the interested party making the submission and the proposed regulation
or expansion of regulation that is sought or opposed. The commissioner may develop standardized questions designed to solicit
information concerning the evaluation criteria. The preauthorization evaluation criteria are:
[1995, c. 686, §2 (new).]
1. Data on group. A description of the professional or occupational group proposed for regulation or expansion of regulation, including the
number of individuals or business entities that would be subject to regulation, the names and addresses of associations, organizations
and other groups representing the practitioners and an estimate of the number of practitioners in each group;
[1995, c. 686, §2 (new).]
2. Specialized skill. Whether practice of the profession or occupation proposed for regulation or expansion of regulation requires such a specialized
skill that the public is not qualified to select a competent practitioner without assurances that minimum qualifications have
been met;
[1995, c. 686, §2 (new).]
3. Public health; safety; welfare. The nature and extent of potential harm to the public if the profession or occupation is not regulated, the extent to which
there is a threat to the public's health, safety or welfare and production of evidence of potential harm, including a description
of any complaints filed with state law enforcement authorities, courts, departmental agencies, other professional or occupational
boards and professional and occupational associations that have been lodged against practitioners of the profession or occupation
in this State within the past 5 years;
[1995, c. 686, §2 (new).]
4. Voluntary and past regulatory efforts. A description of the voluntary efforts made by practitioners of the profession or occupation to protect the public through
self-regulation, private certifications, membership in professional or occupational associations or academic credentials and
a statement of why these efforts are inadequate to protect the public;
[1995, c. 686, §2 (new).]
5. Cost; benefit. The extent to which regulation or expansion of regulation of the profession or occupation will increase the cost of goods
or services provided by practitioners and the overall cost-effectiveness and economic impact of the proposed regulation, including
the indirect costs to consumers;
[1995, c. 686, §2 (new).]
6. Service availability of regulation. The extent to which regulation or expansion of regulation of the profession or occupation would increase or decrease the
availability of services to the public;
[1995, c. 686, §2 (new).]
7. Existing laws and regulations. The extent to which existing legal remedies are inadequate to prevent or redress the kinds of harm potentially resulting
from nonregulation and whether regulation can be provided through an existing state agency or in conjunction with presently
regulated practitioners;
[1995, c. 686, §2 (new).]
8. Method of regulation. Why registration, certification, license to use the title, license to practice or another type of regulation is being proposed,
why that regulatory alternative was chosen and whether the proposed method of regulation is appropriate;
[1995, c. 686, §2 (new).]
9. Other states. A list of other states that regulate the profession or occupation, the type of regulation, copies of other states' laws
and available evidence from those states of the effect of regulation on the profession or occupation in terms of a before-and-after
analysis;
[1995, c. 686, §2 (new).]
10. Previous efforts. The details of any previous efforts in this State to implement regulation of the profession or occupation;
[1995, c. 686, §2 (new).]
11. Mandated benefits. Whether the profession or occupation plans to apply for mandated benefits;
[1995, c. 686, §2 (new).]
12. Minimal competence. Whether the proposed requirements for regulation exceed the standards of minimal competence and what those standards are;
and
[1995, c. 686, §2 (new).]
13. Financial analysis. The method proposed to finance the proposed regulation and financial data pertaining to whether the proposed regulation
can be reasonably financed by current or proposed licensees through dedicated revenue mechanisms.
[1995, c. 686, §2 (new).]
Section History:
PL 1995,
Ch. 686,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-K. Commissioner's independent assessment
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 2: SUNRISE REVIEW PROCEDURES (HEADING: PL 1995, c. 686, @2 (new))
§60-K. Commissioner's independent assessment
1. Fees. Any applicant group whose regulatory proposal has been directed to the commissioner for independent assessment shall pay
an administrative fee determined by the commissioner, which may not exceed $500. The commissioner may waive the fee if the
commissioner finds it in the public's interest to do so. Such a finding by the commissioner may include, but is not limited
to, circumstances in which the commissioner determines that:
A. The applicant group is an agency of the State; or
[1995, c. 686, §2 (new).]
B. Payment of the application fee would impose unreasonable hardship on members of the applicant group.
[1995, c. 686, §2 (new).]
[1995, c. 686, §2 (new).]
2. Criteria. In conducting the independent assessment, the commissioner shall apply the evaluation criteria established in section 60-J
to all of the answers and information submitted to the commissioner or otherwise collected by the commissioner pursuant to
section 60-J.
[1995, c. 686, §2 (new).]
3. Recommendations. The commissioner shall prepare a final report, for the joint standing committee of the Legislature that requested the evaluation,
that includes any legislation required to implement the commissioner's recommendation. The commissioner may recommend that
no legislative action be taken on a proposal. If the commissioner finds that final answers to the evaluation criteria are
sufficient to support some form of regulation, the commissioner shall recommend an agency to be responsible for the regulation
and the level of regulation to be assigned to the applicant group. The recommendations of the commissioner must reflect the
least restrictive method of regulation consistent with the public interest.
[1995, c. 686, §2 (new).]
Section History:
PL 1995,
Ch. 686,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60-L. Technical committee; fees; membership; duties; commissioner's recommendation
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 2: SUNRISE REVIEW PROCEDURES (HEADING: PL 1995, c. 686, @2 (new))
§60-L. Technical committee; fees; membership; duties; commissioner's recommendation
1. Fees. Any applicant group whose regulatory proposal has been directed to the commissioner for review by a technical committee
shall pay a fee determined by the commissioner as required to administer the technical committee, which fee may not exceed
$1,000. The administrative fee is not refundable, but the commissioner may waive all or part of the fee if the commissioner
finds it in the public's interest to do so. Such a finding by the commissioner may include, but is not limited to, circumstances
in which the commissioner determines that:
A. The applicant group is an agency of the State; or
[1995, c. 686, §2 (new).]
B. Payment of the application fee would impose unreasonable hardship on members of the applicant group.
[1995, c. 686, §2 (new).]
[1995, c. 686, §2 (new).]
2. Technical committee membership. The commissioner shall appoint a technical committee consisting of 7 members to examine and investigate each proposal.
A. Two members must be from the profession or occupation being proposed for regulation or expansion of regulation.
[1995, c. 686, §2 (new).]
B. Two members must be from professions or occupations with a scope of practice that overlaps that of the profession or occupation
being proposed for regulation or expansion of regulation. If there is more than one overlapping profession or occupation,
representatives of the 2 with the greatest number of practitioners must be appointed.
[1995, c. 686, §2 (new).]
C. One member must be the commissioner or the commissioner's designee.
[1995, c. 686, §2 (new).]
D. Two members must be public members. These persons and their spouses, parents or children may not be or ever have been members
of, and may not have or ever have had a material financial interest in, the profession or occupation being proposed for regulation
or expansion of regulation or another profession or occupation with a scope of practice that may overlap that of the profession
or occupation being proposed for regulation.
[1995, c. 686, §2 (new).]
The professional and public members serve without compensation. The chair of the committee must be the commissioner, the
commissioner's designee or a public member. The commissioner shall ensure that the total composition of the committee is
fair and equitable.
[1995, c. 686, §2 (new).]
3. Meetings. As soon as possible after appointment, a technical committee shall meet and review the proposal assigned to it. Each committee
shall investigate the proposed regulation and, on its own motion, may solicit public input. Notice of all meetings must be
printed in the legislative calendar at an appropriate time preceding the meeting.
[1995, c. 686, §2 (new).]
4. Procedure for review. Applicant groups are responsible for furnishing evidence upon which a technical committee makes its findings. The technical
committee may also utilize information received through public input or through its own research or investigation. The committee
shall make a report of its findings and file the report with the commissioner. The committee shall evaluate the application
presented to it based on the information provided as required by section 60-J. If the committee finds that additional information
is required to assist in developing its recommendations, it may require that the applicant group provide this information
or may otherwise solicit information for this purpose. If the committee finds that final answers to the evaluation criteria
are sufficient to support regulation of a profession or occupation not currently regulated, the committee must also recommend
the least restrictive method of regulation to be implemented, consistent with the public interest. Whether it recommends
approval or denial of an application, the committee may make additional recommendations regarding solutions to problems identified
during the review.
[1995, c. 686, §2 (new).]
5. Commissioner report. After receiving and considering reports from the technical committee, the commissioner shall prepare a final report, for
the joint standing committee of the Legislature that requested the review, that includes any legislation required to implement
the commissioner's recommendation. The final report must include copies of the committee report, but the commissioner is
not bound by the findings and recommendations of the report. In compiling the report, the commissioner shall apply the criteria
established in section 60-J and may consult with the technical committee. The recommendations of the commissioner must reflect
the least restrictive method of regulation consistent with the public interest. The final report must be submitted to the
joint standing committee of the Legislature having jurisdiction over occupational and professional regulation matters no later
than 9 months after the proposal is submitted to the technical committee and must be made available to all other members of
the Legislature upon request.
The commissioner may recommend that no legislative action be taken on a proposal. If the commissioner recommends that a proposal
of an applicant group be approved, the commissioner shall recommend an agency to be responsible for the regulation and the
level of regulation to be assigned to the applicant group.
[1995, c. 686, §2 (new).]
Section History:
PL 1995,
Ch. 686,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §60. Standardized terms
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 1-A: GENERAL PROVISIONS
Subchapter 1: GENERAL PROVISIONS CONCERNING LICENSES
§60. Standardized terms
Notwithstanding any other provision of law, upon expiration of a professional or occupational licensing board member's term,
that member serves until a successor is appointed. The successor's term commences at the expiration of the preceding term,
regardless of the date of appointment. A vacancy occurring prior to the expiration of a specified term must be filled by
appointment of a similarly qualified individual as a replacement. The replacement member serves for the remainder of the
unexpired term, regardless of the date of appointment.
[1999, c. 687, Pt. D, §2 (amd).]
Section History:
PL 1993,
Ch. 600,
§A26
(NEW).
PL 1999,
Ch. 687,
§D1,2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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