APPROVED CHAPTER
JUNE 11, 2021 167
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 105 - L.D. 149
An Act To Facilitate Licensure for Credentialed Individuals from Other
Jurisdictions
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §8003, sub-§2-A, ¶M, as enacted by PL 2017, c. 173, §2, is
amended to read:
M. To exercise discretionary authority, after consultation with the appropriate
licensing boards if applicable board, commission or personnel administering a
regulatory function of the office, to review and determine on a case-by-case basis
examination and licensing eligibility for applications for licensure submitted by
individuals who identify themselves as veterans with military service, experience and
training; and
Sec. 2. 10 MRSA §8003, sub-§2-A, ¶N, as enacted by PL 2017, c. 173, §2, is
amended to read:
N. To exercise discretionary authority, after consultation with the appropriate licensing
board, commission or personnel administering a regulatory function of the office, to
waive examination fees and license fees for applicants for licensure who identify
themselves as veterans with military service, experience and training.;
Sec. 3. 10 MRSA §8003, sub-§2-A, ¶O is enacted to read:
O. To exercise discretionary authority, after consultation with the appropriate licensing
board, commission or personnel administering a regulatory function of the office, to
waive, on a case-by-case basis, documentation requirements for licensure submitted by
applicants for licensure educated in or with relevant experience or licensure in other
jurisdictions, including other states, United States territories, foreign nations and
foreign administrative divisions, as long as the waiver does not reduce the requisite
standards of proficiency for the licensed profession or occupation. The Director of the
Office of Professional and Occupational Regulation may adopt rules to implement this
paragraph. Rules adopted pursuant to this paragraph are routine technical rules
pursuant to Title 5, chapter 375, subchapter 2-A;
Sec. 4. 10 MRSA §8003, sub-§2-A, ¶P is enacted to read:
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 P. To exercise discretionary authority, after consultation with the appropriate licensing
board, commission or personnel administering a regulatory function of the office, to
waive examination fees and license fees set pursuant to paragraph D for applicants for
licensure educated in or with relevant experience or licensure in other jurisdictions,
including other states, United States territories, foreign nations and foreign
administrative divisions. The Director of the Office of Professional and Occupational
Regulation may adopt rules to implement this paragraph. Rules adopted pursuant to
this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter
2-A;
Sec. 5. 10 MRSA §8003, sub-§2-A, ¶Q is enacted to read:
Q. To adopt rules defining, as appropriate for licensing purposes, the term
"jurisdiction" to mean a state, a United States territory, a foreign nation or a foreign
administrative division that issues a license or credential. Rules adopted pursuant to
this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter
2-A; and
Sec. 6. 10 MRSA §8003, sub-§2-A, ¶R is enacted to read:
R. To accept funds from the Federal Government, from any political subdivision of
the State or from any individual, foundation or corporation and to expend those funds
for purposes consistent with this section. The Director of the Office of Professional
and Occupational Regulation may also provide grants to nongovernmental entities for
purposes consistent with this section.
Sec. 7. 10 MRSA §8003, sub-§5-A, ¶D, as amended by PL 2011, c. 286, Pt. B,
§2, is further amended by amending subparagraph (5) to read:
(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
Professional and Occupational Regulation 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
Sec. 8. 10 MRSA §8003, sub-§5-A, ¶D, as amended by PL 2011, c. 286, Pt. B,
§2, is further amended by amending subparagraph (6) to read:
(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.; and
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 Sec. 9. 10 MRSA §8003, sub-§5-A, ¶D, as amended by PL 2011, c. 286, Pt. B,
§2, is further amended by enacting a new subparagraph (7) to read:
(7) Exercise discretionary authority to grant provisional licenses to applicants for
licensure educated in or with relevant experience or licensure in other jurisdictions,
including other states, United States territories, foreign nations and foreign
administrative divisions. For purposes of this subparagraph, "provisional license"
means a license issued for a defined period of time and with the requirement that
the licensee meet certain established conditions in order to maintain the provisional
license or to gain full licensure. The office, board or commission may adopt rules
to implement this subparagraph. Rules adopted pursuant to this subparagraph are
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 10. 10 MRSA §8003-H is enacted to read:
§8003-H. Licensure by endorsement
The Office of Professional and Occupational Regulation, referred to in this section as
"the office," including the licensing boards and commissions within the office, shall
establish a process to issue a license by endorsement to an applicant who presents proof of
licensure by another jurisdiction of the United States as long as the other jurisdiction
maintains substantially equivalent license requirements for the licensed profession or
occupation and as long as:
1. Good standing. The applicant is in good standing in all jurisdictions in which the
applicant holds or has held a license. For purposes of this subsection, "good standing"
means that the applicant does not have a complaint, allegation or investigation pending,
does not have a license that is suspended or subject to practice restrictions and has never
surrendered a license or had a license revoked;
2. No cause for denial. No cause for denial of a license exists under section 8003,
subsection 5-A, paragraph A or under any other law; and
3. Fee. The applicant pays the fee, if any, pursuant to section 8003, subsection 2-A,
paragraph D.
The office, or a licensing board or commission within the office, may require an
applicant to pass a jurisprudence examination if such an examination is required to be
passed for licensure pursuant to law or rule of the office, licensing board or commission.
The office, including the licensing boards and commissions within the office, shall
adopt rules to implement this section. Rules adopted pursuant to this paragraph are routine
technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
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Statutes affected:
Bill Text LD 149, HP 105: 10.8003
Bill Text ACTPUB , Chapter 167: 10.8003