§ 5 §5303 — Time limit on consideration of prior criminal conviction

Maine § 5 §5303

• Jurisdiction: Maine
• Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
• Part 14: OCCUPATIONAL LICENSE DISQUALIFICATION
• Ch. 341: OCCUPATIONAL LICENSE DISQUALIFICATION ON BASIS OF CRIMINAL RECORD

Text

1.
Three-year limits.
Except as set forth in this subsection and subsection 2, the procedures outlined in sections 5301 and 5302 for the consideration of prior criminal conviction as an element of fitness to practice a licensed profession, trade or occupation shall apply within 3 years of the applicant's or licensee's final discharge, if any, from the correctional system. Beyond the 3-year period, ex-offender applicants or licensees with no additional convictions are to be considered in the same manner as applicants or licensees possessing no prior criminal record for the purposes of licensing decisions. There is no time limitation for consideration of an applicant's or licensee's conduct which gave rise to the criminal conviction if that conduct is otherwise a ground for disciplinary action against a licensee.
2.
Ten-year limits.
For applicants to and licensees and registrants of the Board of Licensure in Medicine, the Board of Osteopathic Licensure, the Board of Dental Practice, the State Board of Examiners of Psychologists, the State Board of Social Worker Licensure, the State Board of Nursing, the Board of Chiropractic Licensure, the Board of Trustees of the Maine Criminal Justice Academy, the State Board of Examiners in Physical Therapy, the State Board of Alcohol and Drug Counselors, the Board of Respiratory Care Practitioners, the Board of Counseling Professionals Licensure, the Board of Occupational Therapy Practice, the Board of Speech, Audiology and Hearing, the Radiologic Technology Board of Examiners, the Nursing Home Administrators Licensing Board, the Board of Licensure of Podiatric Medicine, the Board of Complementary Health Care Providers, the Maine Board of Pharmacy and the Emergency Medical Services' Board, for applicants to and licensees of the Department of Agriculture, Conservation and Forestry for growing, processing and transporting hemp and for applicants for massage therapy licensure or licensed massage therapists, the following apply.

Legislative History

PL 1975, c. 150 (NEW). PL 1989, c. 84, §3 (RPR). PL 1993, c. 600, §§B20-22 (AMD). PL 1995, c. 131, §2 (AMD). PL 1995, c. 162, §2 (AMD). PL 1995, c. 625, §A12 (AMD). PL 2005, c. 347, §A2 (AMD). PL 2007, c. 369, Pt. A, §2 (AMD). PL 2007, c. 369, Pt. C, §5 (AFF). PL 2015, c. 429, §23 (REV). PL 2017, c. 288, Pt. A, §12 (AMD). PL 2021, c. 761, §1 (AMD).