| | | 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| | | Sec. 1. 32 MRSA §13857, as amended by PL 1989, c. 895, §11 and | | affected by PL 1991, c. 263, §§5 and 6, is repealed and the | | following enacted in its place: |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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