§82. Requirement for license
(CONFLICT)
1.
(CONFLICT: Text as amended by PL 2025, c. 635, §3) Licenses required.
An ambulance service, ambulance, nontransporting emergency medical service, emergency medical services person, community paramedicine clinician, community paramedicine service, emergency medical services ambulance operator, emergency medical dispatch center or emergency medical dispatcher may not operate or practice unless duly licensed by the board pursuant to this chapter, except as stated in subsection 2.
[PL 2025, c. 635, §3 (AMD).]
1.
(CONFLICT: Text as amended by PL 2025, c. 693, §1) Licenses required.
An ambulance service, ambulance, nontransporting emergency medical service, emergency medical services person, emergency medical services ambulance operator, emergency medical services educator, emergency medical services training center, emergency medical dispatch center or emergency medical dispatcher may not operate or practice unless duly licensed by the Emergency Medical Services' Board pursuant to this chapter, except as stated in subsection 2.
[PL 2025, c. 693, §1 (AMD).]
2.
Licenses not required.
A Maine license shall not be required for:
A.
Ambulance services and ambulances licensed in another state or province, provided that they do not have a base of operation in Maine and do not routinely pick up patients from the scene of their illness or injury in Maine and do not routinely carry patients between points both of which are in Maine;
[PL 1981, c. 661, §2 (NEW).]
B.
Ambulance services, ambulances, nontransporting emergency medical services and emergency medical services persons responding into Maine from out-of-state in response to civil emergencies or natural disasters;
[PL 1995, c. 161, §2 (AMD).]
C.
Ambulance services, ambulances, nontransporting emergency medical services and emergency medical services persons responding into Maine from out-of-state pursuant to board approved mutual aid agreements with Maine licensed services;
[PL 1995, c. 161, §3 (AMD).]
D.
A licensed physician;
[PL 1981, c. 661, §2 (NEW).]
E.
A person serving as an industrial nurse or safety officer, a school or youth camp nurse, a life guard, a member of a ski patrol, a nurse or technician in a hospital or a physician's office, or other similar occupation in which the person provides on-site emergency treatment at a single facility to the patrons or employees of that facility;
[PL 2009, c. 211, Pt. B, §26 (AMD).]
F.
A person serving as a medical technician with the United States Armed Forces, the Maine Army National Guard or the Maine Air National Guard; or
[PL 1993, c. 130, §1 (AMD).]
G.
A flight nurse while acting within the scope of employment with a Maine licensed air ambulance service.
[PL 1993, c. 130, §2 (NEW).]
When any doubt exists as to the applicability of this section to any person or service, that person or service shall seek an advisory opinion from the board.
[PL 2009, c. 211, Pt. B, §26 (AMD).]
3.
Violation.
[PL 2025, c. 693, §2 (RP).]
4.
Unlicensed practice; criminal penalties.
Notwithstanding any provision of law to the contrary, a person that practices or represents to the public that the person is authorized to practice or engage in an activity that requires a license under this section and intentionally, knowingly or recklessly fails to obtain a license as required under this section or intentionally, knowingly or recklessly practices or represents to the public that the person is authorized to practice or engages in an activity that requires a license after the license required under this section has expired or has been suspended or revoked commits a Class E crime.
[PL 2025, c. 693, §3 (NEW).]
5.
Unlicensed practice; civil violations.
A person that practices or represents to the public that the person is authorized to practice or engage in an activity that requires a license under this section and fails to obtain a license as required under this section or practices or represents to the public that the person is authorized to practice or engage in an activity that requires a license after the license required under this section has expired or has been suspended or revoked commits a civil violation punishable by a fine of not less than $1,000 but not more than $5,000 for each violation. An action under this subsection may be brought in the District Court or, in combination with an action under subsection 6, in the Superior Court.
[PL 2025, c. 693, §4 (NEW).]
6.
Unlicensed practice; injunctions.
The Attorney General may bring an action in the Superior Court to enjoin any person from violating subsection 5, whether or not proceedings have been or may be instituted in the District Court or whether or not criminal proceedings have been or may be instituted, and to restore to any person that has suffered any ascertainable loss by reason of that violation any money or personal or real property that may have been acquired by means of that violation and to compel the return of compensation received for engaging in that unlawful conduct.
A person that violates the terms of an injunction issued under this subsection shall pay to the State a fine of not more than $10,000 for each violation. In any action under this subsection, when a permanent injunction has been issued, the court may order the person against whom the permanent injunction is issued to pay to the General Fund the costs of the investigation of that person by the Attorney General and the costs of suit, including attorney's fees. In any action by the Attorney General brought against a person for violating the terms of an injunction issued under this subsection, the court may make the necessary orders or judgments to restore to any person that has suffered any ascertainable loss of money or personal or real property or to compel the return of compensation received by reason of such conduct found to be in violation of an injunction.
[PL 2025, c. 693, §5 (NEW).]
SECTION HISTORY
PL 1981, c. 661, §2 (NEW). PL 1985, c. 730, §§4,16 (AMD). PL 1989, c. 857, §61 (AMD). PL 1991, c. 588, §1 (AMD). PL 1993, c. 130, §§1,2 (AMD). PL 1995, c. 161, §§1-3 (AMD). PL 2005, c. 683, §§C9,10 (AMD). PL 2007, c. 274, §§2, 3 (AMD). PL 2009, c. 211, Pt. B, §26 (AMD). PL 2021, c. 220, §1 (AMD). PL 2025, c. 635, §3 (AMD). PL 2025, c. 693, §§1-5 (AMD).