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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 429
H.P. 915 - L.D. 1317

An Act To Prohibit and Provide Penalties for the Issuance, Manufacture and Use of False Academic Degrees or Certificates

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 20-A MRSA c. 410 is enacted to read:

CHAPTER 410
FALSE ACADEMIC DEGREES OR CERTIFICATES

§10801. Definitions

     As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

     1. Accreditation. "Accreditation" means a formal status granted by an accrediting agency to an institution meeting or exceeding the educational quality criteria as stated in the accrediting agency's publication in order to assess and enhance the educational quality of an institution, ensure consistency in institutional operations, promote institutional improvement and provide for public accountability.

     2. Accreditation mill. "Accreditation mill" means an entity that is created to give the appearance that certain substandard schools or institutions of higher education are legitimately accredited organizations, that is not recognized by any authorized state, professional or national agency and that has few, if any, standards for quality.

     3. Diploma mill. "Diploma mill" means an institution of higher education operating without accreditation or supervision of a state or a nationally recognized professional agency and granting diplomas that are either fraudulent or, because of lack of proper standards, worthless.

     4. Degree mill. "Degree mill" means a school or institution of higher education without accreditation that meets any one of the following conditions:

     5. Duly authorized institution of higher learning. "Duly authorized institution of higher learning" means an institution that:

     6. False academic degree. "False academic degree" means a document such as a degree or certification of completion of a degree, course work or academic credit, including a transcript, that provides evidence or demonstrates completion of a course of instruction or course work that results in the issuance of an associate or more advanced degree by an institution that is not a duly authorized institution of higher learning.

     7. Substandard school or institution of higher education. "Substandard school or institution of higher education" means an entity without accreditation that offers credentials purported to be degrees without requiring the type and level of academic work typically needed to earn a degree and that:

§10802.   Unlawful to issue, manufacture, or use false academic degrees; penalty

     1. False academic degree. A person may not issue or manufacture a false academic degree. A person who violates this subsection commits a Class C crime.

     2. Use of false academic degree. A person may not use a false academic degree:

A person who violates this subsection commits a Class D crime.
§10803.   Unlawful to use degree or certificate when course work not completed; penalty

     1. Unlawful use of degree. A person may not knowingly use a degree, certificate, diploma, transcript or other document purporting to indicate that the person has completed an organized program of study or completed courses when the person has not completed the organized program of study or the courses as indicated on the degree, certificate, diploma, transcript or document:

     2. Penalty. A person who violates this section commits a Class D crime.

§10804. Consumer protection

     The department shall provide, via publicly accessible sites on the Internet, information to protect students, businesses and others from persons, institutions or entities that issue, manufacture or use false academic degrees. This information must include the names of known state, national and international diploma mills, degree mills, accreditation mills and substandard schools or institutions of higher education.

Effective September 17, 2005.

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