An Act To Create Efficiencies in Professional Licensing Laws Pursuant to the State Government Evaluation Act Review of the Department of Professional and Financial Regulation
Sec. 1. 5 MRSA §12004-A, sub-§44, as amended by PL 2001, c. 166, §1, is repealed.
Sec. 2. 10 MRSA §8003, sub-§5-A, ¶A, as enacted by PL 2007, c. 402, Pt. C, §3, is amended to read:
(1) The practice of fraud, deceit or misrepresentation in obtaining a license from a bureau, office, board or commission, or in connection with services rendered while engaged in the occupation or profession for which the person is licensed;
(2) Any gross negligence, incompetence, misconduct or violation of an applicable code of ethics or standard of practice while engaged in the occupation or profession for which the person is licensed;
(3) Subject to the limitations of Title 5, chapter 341, conviction of a Class A, B or C crime or of a crime that bears directly on the licensed profession or occupation;
(4) Any violation of the governing law of an office, board or commission;
(5) Any violation of the rules of an office, board or commission;
(6) Engaging in any activity requiring a license under the governing law of an office, board or commission that is beyond the scope of acts authorized by the license held;
(7) Continuing to act in a capacity requiring a license under the governing law of an office, board or commission after expiration, suspension or revocation of that license;
(8) Aiding or abetting unlicensed practice by a person who is not licensed as required by the governing law of an office, board or commission;
(9) Noncompliance with an order or consent agreement of an office, board or commission;
(10) Failure to produce any requested documents in the licensee’s possession or under the licensee’s control concerning a pending complaint or proceeding or any matter under investigation; or
(11) Any violation of a requirement imposed pursuant to paragraph D, subparagraph (1) or (2) subsection 5-B.
Sec. 3. 10 MRSA §8003, sub-§5-A, ¶D, as enacted by PL 2007, c. 402, Pt. C, §3, is amended to read:
(1) Require all applicants for license renewal to respond to all inquiries set forth on renewal forms;
(2) Require all licensees and applicants for licensure to report in writing any of the following to the office, board or commission no later than 10 days after the change or event, as the case may be:
(a) Change of name or address;
(b) Criminal conviction;
(c) Revocation, suspension or other disciplinary action taken in this or any other jurisdiction against any occupational or professional license held by the applicant or licensee; or
(d) Any material change in the conditions or qualifications set forth in the original application for licensure submitted to the office, board or commission.
(3) Except as provided in Title 37-B, section 390-A, adopt rules requiring continuing professional or occupational education and require applicants for license renewal to present proof of satisfactory completion of continuing professional or occupational education in accordance with such rules. Failure to comply with the continuing education rules is punishable by nonrenewal of the license and other discipline authorized by this subsection. Notwithstanding any contrary provision set forth in the governing law of an office, board or commission, continuing education requirements may coincide with the license renewal period. Rules adopted pursuant to this subparagraph are routine technical rules as described in Title 5, chapter 375, subchapter 2-A;
(4) Issue continuing education deferments in cases of undue hardship;
(5) Grant inactive status licenses to licensees in accordance with rules that may be adopted by each office, board or commission. The fee for an inactive status license may not exceed the statutory fee cap for license renewal set forth in the governing law of the office, board or commission. Licensees in inactive status are required to pay license renewal fees for renewal of an inactive status license and may be required to pay a reinstatement fee as set by the Director of the Office of Licensing and Registration if the license is reactivated on a date other than the ordinary renewal date of the license. Any rules of an office, board or commission regulating inactive status licensure must describe the obligations of an inactive status licensee with respect to any ongoing continuing education requirement in effect for licensees of the office, board or commission and must set forth any requirements for reinstatement to active status, which requirements may include continuing education. Rules adopted pursuant to this subparagraph are routine technical rules as described in Title 5, chapter 375, subchapter 2-A; and
(6) Delegate to staff the authority to review and approve applications for licensure pursuant to procedures and criteria established by rule. Rules adopted pursuant to this subparagraph are routine technical rules as described in Title 5, chapter 375, subchapter 2-A.
Sec. 4. 10 MRSA §8003, sub-§5-B is enacted to read:
(1) Change of name or address;
(2) Criminal conviction;
(3) Revocation, suspension or other disciplinary action taken in this or any other jurisdiction against any occupational or professional license held by the applicant or licensee; or
(4) Any material change in the conditions or qualifications set forth in the original application for licensure submitted to the office.
Sec. 5. 32 MRSA §2315, sub-§3, as repealed by PL 2007, c. 402, Pt. M, §3, is reenacted to read:
Sec. 6. 32 MRSA §2315, sub-§4, as repealed by PL 2007, c. 402, Pt. M, §4, is reenacted to read:
Sec. 7. 32 MRSA §3112, first ¶, as amended by PL 2007, c. 402, Pt. N, §3, is further amended to read:
The Board of Examiners in Physical Therapy, as established by Title 5, section 12004-A, subsection 31, and within the Department of Professional and Financial Regulation, consists of 2 4 physical therapists , one physical therapist assistant, one physician and one public member as defined in Title 5, section 12004-A.
Sec. 8. 32 MRSA §3651-A, as amended by PL 2007, c. 402, Pt. P, §§7 and 8, is further amended to read:
§ 3651-A. Requirements and licensure
Sec. 9. 32 MRSA §6217-B, sub-§1, as enacted by PL 2007, c. 402, Pt. U, §12, is amended to read:
Sec. 10. 32 MRSA §7026, as amended by PL 2007, c. 402, Pt. V, §4, is further amended to read:
§ 7026. State Board of Social Worker Licensure
The State Board of Social Worker Licensure, as established by Title 5, section 12004-A, subsection 38, within the Department of Professional and Financial Regulation, shall administer this chapter. The board consists of 7 members appointed by the Governor. Three Five members of the board must be licensed clinical social workers , or licensed master social workers or certified social workers - independent practice; 2 must be licensed social workers; and there must be 2 public members as defined in Title 5, section 12004-C. In addition, board members must meet the qualifications required under section 7027.
Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 8009.
Sec. 11. 32 MRSA §12213, as amended by PL 2007, c. 402, Pt. Z, §5, is further amended to read:
§ 12213. Appointment
The Board of Accountancy, as established by Title 5, section 12004-A, subsection 1, within the department consists of 5 members appointed by the Governor. Each member of the board must be a resident of this State. Three Four members must be holders of certificates issued under section 12227 and licenses issued under section 12251 and must have had, as their principal occupation, active practice as certified public accountants for at least the 5 preceding years. One member must hold a certificate issued under section 12239 and a license issued under section 12251 and must have had, as a principal occupation, active practice as a noncertified public accountant for at least the 5 preceding years. One member of the board must be a public member as defined in Title 5, section 12004-A. Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 8009. The Governor may remove a member of the board for cause.
Sec. 12. 32 MRSA §12506, as enacted by PL 1995, c. 671, §13, is amended to read:
§ 12506. Rulemaking
Rules adopted pursuant to section 12522, subsection 4 ; and section 12526, subsection 3 are major substantive rules as defined by Title 5, chapter 375, subchapter II-A 2-A. All other rules adopted pursuant to this chapter are routine technical rules.
Sec. 13. 32 MRSA c. 115, as amended, is repealed.
Sec. 14. 32 MRSA §13852, sub-§2, as amended by PL 2007, c. 402, Pt. EE, §2, is further amended to read:
Sec. 15. 32 MRSA §13852, sub-§7, as amended by PL 2007, c. 402, Pt. EE, §2, is further amended to read:
Sec. 16. 32 MRSA §13861-A, sub-§2, as enacted by PL 2007, c. 402, Pt. EE, §9, is repealed.
Sec. 17. 32 MRSA §13863, sub-§9 is enacted to read:
Sec. 18. 32 MRSA §13911, as enacted by PL 1989, c. 346, §3, is repealed.
Sec. 19. 32 MRSA §14805, sub-§4, as repealed by PL 2007, c. 402, Pt. LL, §5, is reenacted to read:
Sec. 20. 32 MRSA §14805, sub-§5, as repealed by PL 2007, c. 402, Pt. LL, §6, is reenacted to read:
Sec. 21. Appointments and vacancies; Board of Examiners in Physical Therapy and Board of Counseling Professionals Licensure. The Governor shall make the appointments to the Board of Examiners in Physical Therapy pursuant to the Maine Revised Statutes, Title 32, section 3112 as soon as possible, but not later than December 1, 2008. The change in the qualifications distribution of members appointed to the Board of Counseling Professionals Licensure pursuant to Title 32, section 13852, subsection 2 must be achieved by attrition. One public member position is eliminated upon the effective date of this Act.
Sec. 22. Streamlining initiative for licensing programs. The Commissioner of Professional and Financial Regulation is responsible for developing criteria and a process for reviewing all licensing programs within the Office of Licensing and Registration that may include the following: program history; complaint history; the number of licensees; growth in applicants; existence of national certification; oversight in the practice setting; and public safety. The commissioner shall submit a summary of the findings pursuant to review to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters by January 15, 2009. The joint standing committee of the Legislature having jurisdiction over business, research and economic development matters is authorized to submit legislation related to its findings to the First Regular Session of the 124th Legislature.
Sec. 23. Appropriations and allocations. The following appropriations and allocations are made.
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
Licensing and Enforcement 0352
Initiative: Deallocates funds due to a reduction in the number of members of the Board of Counseling Professionals Licensure from 9 to 8 and the elimination of the Maine Athletic Commission.
| OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
|
Personal Services
|
$0 | ($420) |
|
All Other
|
$0 | ($3,829) |
 |
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | ($4,249) |
SUMMARY
This bill clarifies the legal requirement that licensees report name, address or other material change information to the Department of Professional and Financial Regulation within 10 days of the change; reenacts provisions that permit 2 boards to enforce orders of correction; changes the configuration of certain licensing boards; corrects cross-references in certain board statutes; eliminates unnecessary documentation requirements; repeals the Maine Athletic Commission; and sunsets the “registered counselor” license category.