| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 32 MRSA §13857, as amended by PL 1989, c. 895, §11 and | affected by PL 1991, c. 263, §§5 and 6, is repealed and the | following enacted in its place: |
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| §13857.__Nonresidents; applicants licensed in another | jurisdiction |
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| | 1.__Reciprocal agreements.__The Board of Counseling | Professionals Licensure may enter into reciprocal agreements with | other jurisdictions that have substantially similar licensure | laws and accord substantially equal reciprocal rights to | residents licensed in good standing in this State. |
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| | 2.__Applicants licensed in another jurisdiction.__An applicant | who is licensed under the laws of another jurisdiction is | governed by this subsection. |
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| A.__An applicant who is licensed under the laws of a | jurisdiction that has a reciprocal agreement with the Board | of Counseling Professionals Licensure may obtain a license | under the terms and conditions as agreed upon through the | reciprocal agreement. |
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| B. An applicant who is licensed in good standing at the time | of application to the board under the laws of a jurisdiction | that has not entered into a reciprocal agreement with the | Board of Counseling Professionals Licensure may qualify for | licensure by submitting evidence to the board that the | applicant has actively practiced with a substantially | equivalent license for at least 5 consecutive years | immediately preceding application to the board at the level | of licensure applied for in this State. |
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| C.__An applicant who is licensed in good standing at the | time of application to the board under the laws of a | jurisdiction that has not entered into a reciprocal | agreement and who does not meet the requirements of | paragraph B may qualify for licensure by submitting evidence | satisfactory to the board that the applicant's | qualifications for licensure are substantially similar to | those requirements in this chapter. |
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| D.__All nonresident applicants shall submit with the | application an irrevocable consent to service of process on | the applicant for an action filed in a court of this State | arising out of the applicant's activities as a licensee in | this State.__Service may be made by delivery of the process | to the Director of the Office of Licensing and Registration | within the department if, in the exercise of due diligence, | a plaintiff can not effect personal service upon the | applicant. |
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