LD 1738
pg. 2
Page 1 of 2 An Act to Clarify Certain Professional and Occupational Licensing Requirements ... LD 1738 Title Page
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LR 749
Item 1

 
shall provide a written warranty with each new manufactured housing
unit installed for a buyer. The dealer or the installer shall
deliver the written warranty to the buyer at the time of the
installation. The warranty must contain the following:

 
1. Materials and workmanship. That the installation is free
from any substantial defects in materials or workmanship;

 
2. Corrective action. That the dealer and the installer or
the installer and the dealer, when the dealer is responsible for
the installation, shall take appropriate corrective action at the
site of the manufactured housing in instances of substantial
defects in materials or workmanship that become evident within
one year from the date of the installation of the manufactured
housing if the buyer or the buyer's transferee gives written
notice of the defects to the dealer and the installer or the
installer and the dealer, when the dealer is responsible for
installation, at the installer's or the installer's and the
dealer's business addresses no later than one year and 10 days
after the date of installation;

 
3. Liability. That the dealer and the installer or the
installer and the dealer, when the dealer is responsible for the
installation, are liable to the buyer or the buyer's transferee
for the fulfillment of the terms of the warranty; and

 
4. Name, address and phone number of installer. The name,
address and phone number of the dealer and the installer or the
installer and the dealer, when the dealer is responsible for the
installation, to whom written notice of defects must be mailed or
delivered by the buyer.

 
Sec. A-6. 10 MRSA §1405, as enacted by PL 1973, c. 435, is amended
to read:

 
§1405. Cumulative remedies; prohibition against waiver

 
The warranty under this chapter shall be is in addition to and
not in derogation of all other rights and privileges which such
that a consumer may have under any other law or instrument. The
manufacturer or dealer shall or installer may not require the
buyer to waive his the buyer's rights under this chapter and any
such waiver shall be deemed is contrary to public policy and
shall be is unenforceable and void.

 
Sec. A-7. 10 MRSA §9002, sub-§6-A, as enacted by PL 1993, c. 642, §9,
is repealed.

 
Sec. A-8. 10 MRSA §9002, sub-§9, as amended by PL 1981, c. 152, §5, is
further amended to read:

 
9. Mobile home mechanic. "Mechanic Mobile home mechanic"
means any person engaged in servicing or installing manufactured
housing, as defined in section 9002, subsection 7, paragraphs A
and C, for compensation and is not a regular employee of a
manufacturer or a dealer except as set forth in section 9022,
subsection 1.

 
Sec. A-9. 10 MRSA §9002, sub-§12 is enacted to read:

 
12.__Modular home mechanic.__"Modular home mechanic" means any
person engaged in servicing or installing manufactured housing,
as defined in subsection 7, paragraph B, for compensation, except
as set forth in section 9022, subsection 1.

 
Sec. A-10. 10 MRSA §9006-C, sub-§2, as enacted by PL 1993, c. 642,
§15, is amended to read:

 
2. Installer's warranty seal. Before manufactured housing
may be installed in this State, the installer dealer, mobile home
mechanic or modular home mechanic shall obtain from the board a
Maine installer's warranty seal and attach the seal to the
manufactured housing. The seal must state that the dealer and
any mobile home mechanic or modular home mechanic who performs
the installation, are jointly and severally liable for breach of
the installation warranty. The required fee to the installer for
the warranty seal may not exceed $25.

 
Sec. A-11. 10 MRSA §9008, as repealed and replaced by PL 1981, c.
152, §10, is amended to read:

 
§9008. Prohibited practices

 
1. Licenses. No A person may not manufacture, sell, broker,
distribute, install or service any manufactured housing in this
the State or offer to do the same without first obtaining a
license from the board as required in this chapter.

 
2. Violation of rules and standards. No A person may not
knowingly manufacture, sell, broker, distribute, install or
service manufactured housing in the State that is not in
compliance with the regulations rules and standards authorized
under this chapter.

 
Sec. A-12. 10 MRSA §9009, sub-§2, as amended by PL 1993, c. 642, §16
and c. 547, Pt. B, §78 and affected by §80, is repealed and the
following enacted in its place:

 
2.__Investigation of complaints; revocation or suspension of
licenses. The board shall investigate or cause to be investigated

 
all complaints made to the board and all cases of noncompliance
with or violation of this chapter or of a warranty applicable to
the manufacture or installation of manufactured housing.
Notwithstanding Title 5, section 10051, if the board after notice
and a hearing finds that the manufacturer, dealer, installer or
mechanic has violated this chapter, the rules adopted pursuant to
this chapter or an applicable warranty, the board may file a
complaint with the District Court to revoke or suspend the
license or approval of the manufacturer, dealer, installer or
mechanic. If the board does not find reasonable grounds to
believe that a violation of this chapter or breach of an
applicable warranty has occurred, the board shall enter an order
so finding and dismiss the proceeding.

 
Sec. A-13. 10 MRSA §9009, sub-§4, as enacted by PL 1993, c. 642, §19,
is amended to read:

 
4. Remedies for installation defects. The board staff shall
investigate all complaints made to the board of noncompliance
with or violation of chapter 213 or a warranty applicable to the
installation of manufactured housing. If the board finds, after
hearing, that the installation of manufactured housing poses a
threat to public health or safety or does not comply with the
board's installation standards, chapter 213 or any applicable
warranty, the board may order the installer dealer, mobile home
mechanic or modular home mechanic to take appropriate corrective
action. Corrective action may include, but is not limited to,
reimbursing consumers for repairs that are covered by warranty
and made by the consumer if the consumer notifies the installer
licensee in writing of the defect within a reasonable time prior
to undertaking the repairs and the board finds that the repairs
are or were necessary to correct or prevent an imminent threat to
health or safety or to the structure of manufactured housing.
Notwithstanding Title 5, section 10051, the board may also revoke
or suspend the installer's license to install manufactured
housing of the dealer, mobile home mechanic or modular home
mechanic to prevent any future threat to the public health or
safety. This subsection applies to any new manufactured housing
that is sold to a consumer after January 1, 1993.

 
Sec. A-14. 10 MRSA §9011, sub-§3, as enacted by PL 1977, c. 550, §1,
is repealed.

 
Sec. A-15. 10 MRSA §9021, sub-§1, as amended by PL 1993, c. 642, §23,
is further amended to read:

 
1. Licenses required. Any person who engages in the business
of manufacturing, selling, brokering, distributing, installing or
servicing manufactured housing shall first obtain a

 
license issued by the board. The board shall, within a reasonable
time, issue a license to any person who intends to manufacture,
sell, broker, distribute, install or service manufactured housing
in this State subject to filing and approval of an application
provided by the board. Any person who is licensed to conduct
these activities by other state or federal law is exempt from
this requirement when the law provides for specific authority to
provide a particular service or preempts the requirement for such
a license. Active licensees of the Real Estate Commission are
exempt from the licensing requirement for selling or brokering
used manufactured housing but not from the requirements of this
chapter.

 
Sec. A-16. 10 MRSA §9021, sub-§2, ¶C, as amended by PL 1991, c. 391,
§2, is further amended to read:

 
C. The license fee for mechanics who service or install
manufactured housing, as defined in section 9002, subsection
7, paragraphs A and C, mobile home mechanics and modular
home mechanics may not exceed $200 annually.

 
Sec. A-17. 10 MRSA §9021, sub-§2, ¶E, as enacted by PL 1999, c. 386,
Pt. C, §2, is repealed.

 
Sec. A-18. 10 MRSA §9021, sub-§7-A is enacted to read:

 
7-A.__Jurisdiction.__Any agreement providing for a state other
than Maine as an exclusive jurisdiction for hearing disputes
arising out of the manufacture, sale, installation or servicing
of manufactured housing imported, sold, installed or serviced in
Maine is unenforceable and void.

 
Sec. A-19. 10 MRSA §9022, sub-§§1 and 3, as enacted by PL 1977, c. 550,
§1, are amended to read:

 
1. Dealers. Dealers who are licensed according to this
chapter may install or service, or may have their employees
install or service any manufactured housing in compliance with
this chapter and the dealer and his employees shall be exempt
from any requirements for trade or mechanic licenses of any other
type. A licensed dealer may install or service any manufactured
housing sold, brokered or distributed by the dealer without
further licensure under this chapter.__Employees of a dealer need
not be licensed under this chapter to install or service
manufactured housing sold, brokered or distributed by that
dealer.__The dealer and the employees of the dealer are exempt
from any trade or mechanic licenses of any other type. The dealer
is not exempt from any requirements for a permit which any state
or political subdivision may require.

 
3. Mobile home mechanics. Licensed mechanics A licensed
mobile home mechanic may install or service manufactured housing
as defined in section 9002, subsection 7, paragraphs A and C and
are is exempt from any other licensing requirements of any state
or political subdivisions subdivision, but must obtain any
permits required. A dealer may apply for licensure as a mobile
home mechanic.

 
Sec. A-20. 10 MRSA §9022, sub-§4, as enacted by PL 1999, c. 386, Pt.
C, §3, is amended to read:

 
4. Modular home mechanics. Licensed installers A licensed
modular home mechanic may install or service manufactured housing
as defined in section 9002, subsection 7, paragraph B and are is
exempt from any other licensing requirements of any state or
political subdivisions subdivision but must obtain any permits
required. A dealer may apply for licensure as a modular home
mechanic.

 
Sec. A-21. 10 MRSA §9047, sub-§2, as amended by PL 1993, c. 642, §28,
is further amended to read:

 
2. Dealers. Any person who sells, brokers, distributes,
leases, delivers or transports manufactured housing that has been
certified under this chapter shall notify the board and any
present or prospective purchaser of the housing in writing of any
defect resulting from damage or modification to the housing that
the person determines relates to a standard of the board that is
applicable to the housing or that constitutes a safety hazard to
an occupant of the housing. This requirement does not apply to
sales or leases of manufactured housing after the first purchase
of the housing by a person for purposes other than resale and
does not apply to deliveries or transportations of the
manufactured housing that occur after the first installation of
the housing on a permanent foundation.

 
PART B

 
Sec. B-1. 32 MRSA §1071, first ¶, as amended by PL 1999, c. 124, §1, is
further amended to read:

 
Until January 1, 2001, the The Board of Dental Examiners,
established by Title 5, section 12004-A, subsection 10, and in
this chapter called the "board," consists of 8 members, appointed
by the Governor as follows: five members of the dental
profession, one dental hygienist, one denturist and one
representative of the public. After January 1, 2001, the board
consists of 7 members, appointed by the Governor as follows: 5
members of the dental profession, one dental hygienist and one
representative of the public.

 
Sec. B-2. 32 MRSA §1071, sub-§3-A is enacted to read:

 
3-A.__Denturist.__The denturist must be qualified pursuant to
subchapter VI, must be a legal resident of the State and for
appointments made after January 1, 2006, the denturist must have
practiced in the State for at least 6 years immediately preceding
appointment.__The denturist member of the board is a full-voting
member of the board.__The term of the denturist is 5 years.__A
denturist is not eligible to serve as a member of the board while
employed by a dentist who is a member of the board.

 
Sec. B-3. 32 MRSA §1085, as amended by PL 1995, c. 590, §1, is
further amended to read:

 
§1085. Endorsement; fees

 
The board is authorized, at its discretion, without the
examination as provided, to issue a license to an applicant who
furnishes proof, satisfactory to the board, that the applicant
has been licensed to practice dentistry in another state after
full compliance with the requirements of its dental laws. If an
applicant is licensed to practice dentistry in another state,
that applicant's professional education may not be less than is
required in this State and the applicant must have been at least
5 3 years in actual practice in the state in which the license
was granted. Applicants for licensure by endorsement who meet the
requirements of this section must be interviewed in person by the
board or members of the board, prior to being issued a license.
Every license of this type issued by the board must state upon
its face the grounds upon which it is issued and the applicant
may be required to furnish proof upon affidavit. The fee for the
license is determined by the board, but may not be more than
$300.

 
Sec. B-4. 32 MRSA §1100-E, sub-§4, as amended by PL 1995, c. 590, §7,
is further amended to read:

 
4. Endorsement. The board, at its discretion, without
examination, may issue a license to an applicant to practice as a
denturist who furnishes proof satisfactory to the board that the
denturist has been licensed to practice and has actively
practiced for a period of 5 3 years in another state or Canadian
province after full compliance with the requirements of its
dental laws, if the licensure requirements are, in all
essentials, at least equivalent to those of this State. The board
may require letters of reference about the denturist. Applicants
for licensure by endorsement who meet the requirements of this
section must be interviewed in person by the board, or members of
the board, prior to being issued a license. Every license so

 
given must state upon its face that it was granted on the basis
of endorsement. The fee for the license may not exceed $100.

 
PART C

 
Sec. C-1. 32 MRSA §1658-B, as repealed and replaced by PL 1999, c.
386, Pt. G, §1, is repealed and the following enacted in its
place:

 
§1658-B.__Payment; trial period; medical return

 
1.__Trial period.__The dealer-licensee may require the
purchaser to pay the full purchase price for the hearing aid or
aids at the time of delivery.

 
A.__On that date of delivery, a 30-day trial period begins.__
If within this trial period the purchaser notifies the
dealer-licensee of the purchaser's wish to cancel the
transaction, the dealer-licensee must make a full refund of
the purchase price, less the reasonable price of the ear
mold or molds and lab fees, at the time the purchaser
returns the hearing aid or aids.__The dealer-licensee must
also return to the purchaser any hearing aids, devices,
accessories and ear molds that the dealer-licensee has
received from the purchaser.

 
B.__No fewer than 20 or more than 35 days following the
delivery of the hearing aid or aids to the purchaser, the
dealer-licensee must contact the purchaser and provide, at
no cost to the purchaser, any service, fitting or repair
that may be necessary for the beneficial and comfortable use
of the hearing aid.__If any service, fitting or repair is
performed, a new 30-day trial period commences as of the
date of this service.

 
2.__Return for medical reasons.__The purchaser may cancel the
transaction by submitting to the dealer-licensee within 60
calendar days from the date of delivery of the hearing aid or
aids a written opinion from a physician or audiologist stating
that the hearing aid or aids is not advisable for the purchaser.__
Upon receipt of the statement and return by the purchaser of the
hearing aid or aids, the dealer-licensee shall make a full refund
of the purchase price, less the reasonable price of the ear mold
or molds and lab fees.__The dealer-licensee must also return to
the purchaser any hearing aids, devices, accessories and ear
molds that the dealer-licensee has received from the purchaser.

 
3.__Violations.__Any provision of a contract that limits or
conditions in any way the rights guaranteed to purchasers by this
section is against public policy and void. Any violation of the

 
requirements of this section, in addition to being unethical
conduct under section 1658-N, constitutes a violation of the
Unfair Trade Practices Act, Title 5, chapter 10.

 
Sec. C-2. 32 MRSA §1658-C, sub-§4, ¶D, as amended by PL 1991, c. 509,
§7, is further amended to read:

 
D. The notice must state that the purchaser may cancel the
transaction if the purchaser consults an audiologist or a
licensed physician who in writing states that the hearing
aid is not advisable and in writing specifies the
audiological or medical reason or both therefor the
provisions of the 30-day trial period and 60-day medical
return period as set out in section 1658-B. This notice
must state that the purchaser may cancel only if the written
opinion from the audiologist or physician is submitted to
the seller within 60 calendar days from the date of
purchase. If the purchaser cancels a transaction pursuant
to this paragraph, the seller-licensee shall within 60 days
of the notice of the cancellation and the return by the
purchaser of the hearing aid or aids refund to the purchaser
the amount paid less 10% of the purchase price of one or
more hearing aids and less the reasonable price of the ear
mold or molds and lab fees.

 
PART D

 
Sec. D-1. 32 MRSA §2103, sub-§2, as amended by PL 1999, c. 386, Pt. H,
§1, is further amended to read:

 
2. Students. The practice of nursing that is an integral
part of a program by students enrolled in board-approved nursing
education programs leading to initial licensure, and the practice
of nursing by graduates of board-approved programs pending the
results of the first licensing examination for which they are
eligible following graduation, if they practice under on-site
delegation and supervision of a registered professional nurse and
only in the practice setting.__The board may, by rule or by
policy, define what constitutes a practice setting;

 
Sec. D-2. 32 MRSA §2105-A, sub-§1-A, as amended by PL 1999, c. 547,
Pt. B, §62 and affected by §80, is further amended to read:

 
1-A. Disciplinary proceedings and sanctions. The board shall
investigate a complaint, on its own motion or upon receipt of a
written complaint filed with the board, regarding noncompliance
with or violation of this chapter or of rules adopted by the
board. Investigation may include a hearing before the board to
determine whether grounds exist for suspension,

 
revocation or denial of a license, or as otherwise considered
necessary to the fulfillment of its responsibilities under this
chapter. The board may subpoena witnesses, records and
documents, including records and documents maintained by a health
care facility, in an investigation or hearing it conducts.

 
The board shall notify the licensee of the content of a complaint
filed against the licensee as soon as possible, but not later
than 60 days from receipt of this information. The licensee
shall respond within 30 days. If the licensee's response to the
complaint satisfies the board that the complaint does not merit
further investigation or action, the matter may be dismissed,
with notice of the dismissal to the complainant, if any.

 
If, in the opinion of the board, the factual basis of the
complaint is or may be true, and it is of sufficient gravity to
warrant further action, the board may request an informal
conference with the licensee. The board shall provide the
licensee with adequate notice of the conference and of the issues
to be discussed. The conference must be conducted in executive
session of the board, or its subcommittee, pursuant to Title 1,
section 405, unless otherwise requested by the licensee.
Statements made at the conference may not be introduced at a
subsequent formal hearing unless all parties consent.

 
If the board or its subcommittee finds that the factual basis of
the complaint is true and is of sufficient gravity to warrant
further action, it may take any of the following actions it
considers appropriate:

 
A. Warn, censure or reprimand;

 
B. With the consent of the licensee, enter into a consent
agreement that fixes the period and terms of probation best
adapted to protect the public health and safety and to
rehabilitate or educate the licensee. A consent agreement
may be used to terminate a complaint investigation, if
entered into by the board, the licensee and the Attorney
General's office;

 
C. In consideration for acceptance of a voluntary surrender
of the license, negotiate stipulations, including terms and
conditions for reinstatement that ensure protection of the
public health and safety and serve to rehabilitate or
educate the licensee. These stipulations may be set forth
only in a consent agreement signed by the board, the
licensee and the Attorney General's office;

 
D. If the board or its subcommittee concludes that modification
or nonrenewal of the license is in order, hold

 
an adjudicatory hearing in accordance with the provisions of
Title 5, chapter 375, subchapter IV; or

 
E. If the board or its subcommittee concludes that
suspension or revocation of the license is in order, file a
complaint in the District Court in accordance with Title 4,
chapter 5.

 
PART E

 
Sec. E-1. 32 MRSA §2351, first ¶, as amended by PL 1993, c. 659, Pt. A,
§5, is further amended to read:

 
The Oil and Solid Fuel Board, as established by Title 5,
section 12004-A, subsection 27, and in this chapter called the
"board," consists of the Commissioner of Public Safety or a
representative and 6 5 other members, called in this chapter the
"appointive members," who are appointed by the Governor.

 
Sec. E-2. 32 MRSA §2351, 2nd ¶, as amended by PL 1999, c. 386, Pt. J,
§10, is further amended to read:

 
Three of the appointive members must be oil burner technicians
who are active in the trade. One of the members must have at
least 5 years' experience and the other 2 members must have at
least 10 years' experience as oil burner technicians. Nominees
for appointment of the oil burner technician members may be
recommended to the Governor by the Maine Oil Dealers Association.
One of the appointive members must be a representative of the
solid fuel burning industry, and one must be a representative of
the public and one must be a manufacturer, importer or wholesaler
or a designee of a manufacturer, importer or wholesaler of
equipment for burning oil and solid fuel, prefabricated
fireplaces and chimneys or accessory equipment.

 
Sec. E-3. 32 MRSA §2401-B, sub-§1, ¶C, as enacted by PL 1999, c. 386,
Pt. J, §14, is amended to read:

 
C. For a master solid fuel burner technician license, a
person must present to the board satisfactory evidence of at
least 2 years' licensed practical experience as a journeyman
oil burner technician and related knowledge; a master oil
burner technician's license issued under this chapter; or a
bachelor's degree in engineering from an accredited
university and satisfactory evidence of knowledge of solid
fuel burning equipment. An out-of-state applicant must
present satisfactory evidence to the board of experience in
installing, cleaning, servicing, altering and repairing
solid fuel burning equipment.

 
PART F

 
Sec. F-1. 13 MRSA §705, as amended by PL 1997, c. 313, §1, is
further amended to read:

 
§705. Corporate organization

 
An individual or group of individuals duly licensed or
otherwise legally authorized to render the same professional
service within this State may organize and become a shareholder
or shareholders of a professional corporation under the
corporation laws for the sole and specific purpose of rendering
the same and specific professional service. Notwithstanding any
other provisions of law, for the purposes of this chapter,
osteopathic physicians licensed under Title 32, chapter 36 and
physicians and surgeons licensed under Title 32, chapter 48 are
considered to render the same professional service.
Notwithstanding any other provision of law, for the purposes of
this chapter, optometrists licensed under Title 32, chapter 34-A
and opthalmologists licensed under Title 32, chapter 36 or 48 may
organize and become the sole shareholders of the same
professional corporation under the corporation laws for the sole
and specific purpose of rendering their respective professional
services that are considered to be complementary to one another.
Notwithstanding any other provision of law, nonlicensed
individuals may organize with individuals who are licensed under
Title 32, chapter 113, and may become shareholders of a firm
licensed to practice public accountancy under Title 32, section
12252, provided that all of the requirements for licensure under
Title 32, section 12252, subsection 3 are met by the firm.

 
Sec. F-2. 32 MRSA §12252, sub-§3, ¶A, as amended by PL 1999, c. 619,
§2, is further amended to read:

 
A. An applicant for initial issuance or renewal of a permit
to practice under this section shall show that a simple
majority of the ownership of the firm, in terms of financial
interests and voting rights of all partners, officers,
shareholders, members or managers, belongs to holders of
certificates who are licensed in a state and that all
partners, officers, shareholders, members or managers whose
principal place of business is in this State and or who
perform professional services in this State hold valid
individual permits issued by the board. At least a simple
majority of the ownership of a public accounting firm, in
terms of financial interests and voting rights, must belong
to holders of permits issued by the board. Firms may
include nonlicensee owners in accordance with paragraph B.

 
PART G

 
Sec. G-1. 32 MRSA §14228, sub-§3, as amended by PL 1999, c. 386, Pt.
U, §3, is further amended to read:

 
3. Training. Has satisfactorily completed a course of
instruction in aesthetics of 600 hours in not less than 5 3
months in a school licensed by the board or has experience in the
practice of aesthetics as a trainee of up to 1,000 hours
distributed over a period of at least 7 6 months. The board
shall establish by rule the specific number of hours of course
work required up to a maximum of 600 hours. Rules adopted
pursuant to this subsection are routine technical rules as
defined in Title 5, chapter 375, subchapter II-A; and

 
PART H

 
Sec. H-1. 32 MRSA §3269, sub-§15, as amended by PL 1997, c. 680, Pt.
C, §2, is further amended to read:

 
15. Adequacy of budget, fees and staffing. The duty to
ensure that the budget submitted by the board to the Commissioner
of Professional and Financial Regulation must be is sufficient,
if approved, to provide for adequate legal and investigative
personnel on the board's staff and that of the Attorney General
to assure ensure that professional liability complaints described
in Title 24, section 2607 and complaints regarding a section of
this chapter can be resolved in a timely fashion. The board's
staff must include one position staffed by an individual who is
primarily a consumer assistant. The functions and expense of the
consumer assistant position must be shared on a pro rata basis
with the Board of Osteopathic Licensure. Within the limit set by
section 3279, the board shall charge sufficient licensure fees to
finance this budget provision. The board shall submit
legislation to request an increase in these fees should they
prove inadequate to the provisions of this subsection.

 
Within the limit of funds provided to it by the board, the
Department of the Attorney General shall make available to the
board sufficient legal and investigative staff to enable all
consumer complaints mentioned in this subsection to be resolved
in a timely fashion; and

 
Sec. H-2. 32 MRSA §3269, sub-§16, as amended by PL 1993, c. 600, Pt.
A, §202, is further amended to read:

 
16. Executive director. The board may power to appoint an
executive director who serves at the pleasure of the board and
who shall assist the board in carrying out its administrative
duties and responsibilities under this chapter. The salary range

 
for the executive director must be set by the board within the
range established by Title 2, section 6-C.; and

 
Sec. H-3. 32 MRSA §3269, sub-§17 is enacted to read:

 
17.__Approval of licenses.__The power to direct staff to
review and approve applications for licensure or renewal in
accordance with criteria established in law or in rules adopted
by the board.__Licensing decisions made by staff may be appealed
to the full board.

 
SUMMARY

 
Part A of the bill resolves ambiguities in the manufactured
housing law and the manufactured housing warranties law regarding
the scope of practice under the existing "mechanic" and
"installer" licenses by creating replacement license categories
of "mobile home mechanic" and "modular home mechanic."

 
Part A also:

 
1. Conforms various dealer provisions in the manufactured
housing law to the statutory definition of "dealer";

 
2. Prohibits a manufacturer or dealer from requiring that a
dispute arising from the manufacture, sale, installation or
servicing of a manufactured housing unit in Maine must always be
heard in another state;

 
3. Repeals an obsolete voting requirement relating to
reissuance of a revoked license that is unnecessary in light of
the 5-member quorum requirement found in the Maine Revised
Statutes, Title 10, section 9003, subsection 7; and

 
4. Eliminates a penalty limitation that conflicts with the
penalty provisions found in Title 10, section 8003, subsection 5,
paragraph A-1 that are generally applicable to Office of
Licensing and Registration licensing boards.

 
Part B of the bill amends the law governing the membership of
the Board of Dental Examiners to make the denturist position,
which expired on January 1, 2001, a permanent position. Part B
also amends the laws governing licensure by endorsement for
dentists and denturists by reducing the active practice
requirement from 5 years to 3 years.

 
Part C of the bill amends the law concerning dealer-licensees
of hearing aids by requiring that the notice provided by the
dealer-licensee to the purchaser indicate that a

 
full refund of the purchase price, less the reasonable price of
the ear mold or molds and lab fees, be made to the purchaser if
the purchaser returns the hearing aid within the 30-day trial
period following the sale.

 
Part D of the bill amends the nursing laws to permit recent
nursing school graduates to practice under the on-site delegation
and supervision of a registered professional nurse in order to
assist these graduates in attaining training and to help
alleviate the current nursing shortage faced in this State. Part
D also provides the State Board of Nursing with the authority to
appoint a subcommittee to hold informal conferences and enter
into consent agreements in disciplinary matters.

 
Part E of the bill amends the Oil and Solid Fuel Board laws to
rename the journeyman solid fuel license for the progression to
master solid fuel license because there is not such a journeyman
license. The bill also eliminates the board member position
reserved for a manufacturer, importer or wholesaler of oil-
burning equipment.

 
Part F of the bill clarifies the intended effect of a change
in the Board of Accountancy law. The amended language clarifies
that all partners, officers, shareholders, members or managers
whose principal place of business is in the State, or who perform
professional services in Maine must be licensed by the Board of
Accountancy. A corresponding change in the Maine Professional
Service Corporation Act allows for a licensed certified public
accountant to form corporations with nonlicensed individuals,
provided a simple majority of shareholders in a public accounting
firm are licensed by the Board of Accountancy.

 
Part G of the bill makes a necessary correction that resulted
when Public Law 1999, chapter 386, Pt. U, section 3 reduced the
required hours for licensure as an aesthetician. At that time,
the minimum number of base hours for students to attend an
aesthetics program either in a school setting or as a trainee was
not adjusted accordingly. This bill makes the corresponding
adjustment.

 
Part H of the bill authorizes the Board of Licensure in
Medicine to delegate approval of applications for licensure and
renewal to the board's staff. Licensing decisions by staff may
be appealed to the full board.


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