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Home > Agendas > 2007-2008 > P&FR > Office of Licensing and Registration

2007-2008 Regulatory Agendas

02-041
Office of Licensing and Registration

AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing and Registration

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None


General
Program Areas:
Athletic Trainers
Charitable Solicitation
Interpreters and Transliterators of American Sign Language and English
Massage Therapists
Transient Sales



AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Department of Professional & Financial Regulation, Office of Licensing & Registration - General

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, ME 04333, tel. (207) 624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 10: Establishment of License Fees (amendment)
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(D)
PURPOSE: Establishment of license and related fees for OLR programs. OLR amends the fee amounts contained in this rule on an ongoing basis. As OLR establishes fees for additional boards, the affected boards will most likely repeal their own fee rules the next time they initiate rulemaking for other purposes.
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 11: Late Renewals
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(D)
PURPOSE: Amendment of rule as necessary in light of experience.
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 13: Uniform Procedures for Substantiating Continuing Education Requirements
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(D)
PURPOSE: Amendment of rule as necessary in light of experience.
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Licensees, board staff, board members.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER xx: Uniform Complaint Procedures
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(D)
PURPOSE: Establishment of a uniform complaint procedure for all the OLR programs.
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Complainant, licensees, board staff, board members.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER xx: Uniform Policy on Protested Checks
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(D)
PURPOSE: Establishment of a uniform policy for all OLR programs regarding bounced checks.
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Licensees whose license checks are returned unpaid for insufficient funds or other reasons, OLR and board staff.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER xx: Continuing Education Hardship Deferments
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(D)
PURPOSE: Deferment of continuing education requirement for license renewal due to undue hardship.
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER xx: No specific title – see description of purpose below
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(D)
PURPOSE: “To establish by rule, such processes and procedures necessary to administer the various boards, commissions and regulatory functions of the office…”
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.



Athletic Trainers

CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, Dept. of Professional & Financial Regulation, 35 State House Station, Augusta, ME 04333. Tel. 207/624-8617. E-mail: elaine.m.thibodeau@Maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY: Currently no rules exist for this program; however, national standards may emerge from future recommendations by the National Athletic Trainer Association’s Board of Certification, and which may be determined to be appropriate to adopt in Maine. Additional changes may ensue from future legislation and Sunset Review regarding scope-of-practice and to address the issue of “practice statute” versus “title statute.”

CHAPTER NUMBER AND TITLE: N/A
STATUTORY BASIS: None currently.
PURPOSE: To adopt future national uniform standards, as these emerge.
SCHEDULE FOR ADOPTION: Fall 2008.
AFFECTED PARTIES: Registrants and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


Charitable Solicitation


CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, Dept. of Professional & Financial Regulation
35 State House Station, Augusta, ME 04333. Tel. 207/624-8617. E-mail: elaine.m.thibodeau@Maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 1: Registration Applications and Financial Statements
STATUTORY BASIS: 9 MRSA §5018
PURPOSE: This chapter contains provisions relating to the submission of registration applications and financial statements required to be filed with the Office of Licensing and Registration under the Maine Charitable Solicitations Act. Pursuant to legislation enacted as PL 2005 Chapter 497, rule changes will:
* delete the requirement that Professional Fund-raising Counsel carry a $25,000 surety bond;
* exempt businesses donating less that $10,000 annually to Charitable Organizations from the registration requirement for Commercial Co-venturers; and
* exempt from the registration requirement individuals who contract with Charitable Organizations to provide grant-writing services for the purpose of obtaining money or property from foundations.
Pursuant to legislation enacted as PL 2007 Chapter 402 amending 9 MRSA §5004, sub-§4(A), the renewal notification requirement will be deleted.
In addition, the proper interpretation of the address-disclosure requirement contained in Sections 5004(3)(B) and 5012 will be explained: It is not unusual for a charity that is based out-of-state to disclose only a Maine post office box when soliciting in Maine. A rule clarifying that “fully” disclose (as required by sec. 5012) means that charities, and professional solicitors acting on their behalf, must disclose their principal address (as reported pursuant to sec. 5004(3)(B)) would reduce consumer confusion as to where a charity is located.
Pursuant to possible future legislation and Sunset Review, the information required of applicants for licensure and renewal may be expanded and would need to be detailed through rulemaking, as would any further articulation regarding emerging means of solicitation.
SCHEDULE FOR ADOPTION: Fall 2008.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 2: Annual Fundraising Activity Reports
STATUTORY BASIS: 9 MRSA, §5018
PURPOSE: This chapter explains how charitable organizations and professional solicitors shall calculate their remittances and retentions from the prior year in order to comply with the requirement to file an annual report of the prior year’s fund-raising activity. Changes may be required if clarification is found to be necessary.
SCHEDULE FOR ADOPTION: Fall 2008.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 3: Enforcement and Disciplinary Procedures
STATUTORY BASIS: 9 MRSA, §5018
PURPOSE: This chapter sets forth the right of an applicant or a licensee to appeal certain regulatory actions. This chapter also specifies the enforcement and disciplinary procedures used by the Office of Licensing & Registration. Pursuant to possible future legislation and Sunset Review, rule changes may be necessary to implement an expansion of the Commissioner’s authority to withhold licensure, in certain instances.
SCHEDULE FOR ADOPTION: Fall 2008
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


Interpreters and Transliterators of American Sign Language and English


CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, Dept. of Professional & Financial Regulation, 35 State House Station, Augusta, ME 04333. Tel. 207/624-8617. E-mail: elaine.m.thibodeau@Maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 50: Definitions
STATUTORY BASIS: 32 MRSA §1522(1)
PURPOSE: This chapter defines certain terms used in these rules. Definitions will be added.
SCHEDULE FOR ADOPTION: Fall/Winter 2007-2008.
AFFECTED PARTIES: Applicants, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

CHAPTER 51: Requirements for Initial Licensure
STATUTORY BASIS: 32 MRSA §1522(1)
PURPOSE: This chapter sets forth criteria for the initial licensure of interpreters/transliterators and describes the application process. Changes will be made to the criteria to reflect legislation enacted through PL 2005 Chapter 267 amending 32 MRSA §1524 and PL 2007 Chapter 402 amending §1524(A) to permit applicants to qualify by demonstrating a score of 3.5 or higher on the Educational Interpreter Performance Assessment.
SCHEDULE FOR ADOPTION: Fall/Winter 2007-2008.
AFFECTED PARTIES: Applicants for licensure who elect to qualify on this basis.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

CHAPTER 52: License Renewal and Continuing Education
STATUTORY BASIS: 32 MRSA §1522(1)
PURPOSE: This chapter sets forth continuing education requirements and describes the license renewal process. Changes will be made to accommodate: (1) 32 MRSA §59-B pertaining to Hardship Deferments, (2) PL 2005 Chapter 267 amending 32 MRSA §1528(A)(1) to require twenty hours annually of continuing education, and (3) PL 2007 Chapter 402 amending 32 MRSA §1528 to delete the renewal notification requirement in order to facilitate “online renewal.”
SCHEDULE FOR ADOPTION: Fall/Winter 2007-2008.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

CHAPTER 53: Conversion of Registrants to Licensees
STATUTORY BASIS: 32 MRSA §1522(1)
PURPOSE: This chapter describes the transition process from registration to licensure for persons previously registered as interpreters, transliterators and deaf interpreters in Maine. As the process has been completed, this chapter is obsolete and will be repealed.
SCHEDULE FOR ADOPTION: Fall/Winter 2007-2008.
AFFECTED PARTIES: None.
CONSENSUS-BASED RULE DEVELOPMENT: None.

CHAPTER 54: Disclosure Statement
STATUTORY BASIS: 32 MRSA §§ 1522(1), 1531
PURPOSE: This chapter describes the statutory disclosure to be furnished by interpreters and transliterators to consumers and clients. Pursuant to the enactment of PL2005 Chapter 267, the content required to appear on the disclosure statement has been changed; consequently, the format should be revised through rulemaking.
ANTICIPATED SCHEDULE: Fall/Winter 2007-2008.
AFFECTED PARTIES: Licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

CHAPTER 55: Complaints and Investigations
STATUTORY BASIS: 32 MRSA §1522(1)
PURPOSE: This chapter describes the procedure by which complaints will be handled by the Office of Licensing and Registration. These will be identified as being those contained within the “Administrative Complaint Procedure” of the Office.
ANTICIPATED SCHEDULE: Fall/Winter 2007-2008.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

A “Code of Professional Conduct” will become the subject of a dedicated, additional Chapter.


Massage Therapists


CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333, tel. 207/624-8617. E-mail: elaine.m.thibodeau@Maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 100: Definitions
STATUTORY BASIS: 32 MRSA §14302(2)
PURPOSE: This chapter clarifies wording and professional terms used throughout these rules. Additions to the definitions may be required, due to the emergence of the sub-category of “medical massage therapy.”
ANTICIPATED SCHEDULE: Fall 2008.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 200: General Information
STATUTORY BASIS:: 32 MRSA §14302(2)
PURPOSE: This chapter establishes guidelines for the maintenance of records and display of licenses and registrations. All registrations have been superseded by licenses; consequently, some material contained in this chapter is obsolete and should be deleted.
ANTICIPATED SCHEDULE: Fall 2008.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 300: Licensure/Registration Requirements
STATUTORY BASIS: 32 MRSA §14302(2)
PURPOSE: This chapter sets forth the procedures and requirements for licensure by application, as well as by reciprocity per the provisions for licensure in other states. The title should be changed to delete “Registration,” as this term is obsolete. Possible amendments to the requirements for initial and renewal licensure may be developed as a consequence of national trends (e.g., toward specialization). In addition, pursuant to legislation enacted as PL 2007 Chapter 402 amending: (1) 32 MRSA §14306-F, sub-§1, the renewal notification requirement will be deleted, and (2) 32 MRSA §14308, grounds for denial or refusal to renew a license will be further articulated. Additional changes may ensue from future legislation and Sunset Review regarding scope-of-practice and to address the issue of “practice statute” versus “title statute.”
ANTICIPATED SCHEDULE: Fall 2008.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 400: Complaints and Investigations
STATUTORY BASIS: 32 MRSA §14302(2)
PURPOSE: This chapter describes the procedure by which complaints and adjudicatory hearings are handled. Reference is made to the Advisory Council; however, the Advisory Council, as previously authorized in 32 MRSA §14302(7), was extinguished with the enactment of PL 2005 Chapter 294. Consequently, this reference is obsolete and should be eliminated.
ANTICIPATED SCHEDULE: Fall 2008.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


Transient Sales


CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, Dept. of Professional & Financial Regulation, 35 State House Station, Augusta, ME 04333. Tel. 207/624-8617. E-mail: elaine.m.thibodeau@Maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY: Currently no rules exist for this program; however, rules may become necessary in the future if statutory changes are enacted to increase the bond penalty for Transient Sellers and to refine the Transient Sellers’ and Door-to-Door Home Repair Sellers’ scopes-of-practice to distinguish them from those of persons engaged in the provision of financial products and persons engaged in the building trades, respectively.

CHAPTER NUMBERAND TITLE: N/A
STATUTORY BASIS: None currently.
PURPOSE: To clarify the limitations of Transient Seller registration as respects activities for which product-specific licensure, registration or authorization is required, and to incorporate provisions of the Federal Trade Commission’s Telemarketing Sales Rule.
SCHEDULE FOR ADOPTION: Fall 2008.
AFFECTED PARTIES: Registrants and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.