MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) FIRST REGULAR SESSION ONE HUNDRED AND NINTH LEGISLATURE Legislative Document No. 103 H. P. 91 House of Representatives, January 17,1979 Referred to the Committee on Business Legislation. Sent up for concurrence and ordered printed. EDWIN H. PERT, Clerk Presented by Mr. Drinkwater of Belfast. STATE OF MAINE IN THE YEAR OF OUR LORD NINETEEN HUNDRED SEVENTY-NINE AN ACT to Establish Registration of Polygraph Examiners. Be it enacted by the People of the State of Maine, as follows: Sec. 1. 5 MRSA § 151, first sentence, as last amended by PL 1975, c. 705, ~ 1, is further amended to read: All money received by the Treasurer of State from the Board of Polygraph Examiners, the Board of Registration in Medicine, the Board of Examiners in Physical Therapy, the Board of Examiners of Psychologists, the State Board of Nursing, the Board of Examiners of Applicants for Admission to the Bar, the Board of Accountancy, the Board of Veterinary Examiners, the Board of Osteopathic Examination and Registration, the State Board of Funeral Service, the State Board of Registration and Examination in Optometry, the Board of Dental Examiners, the State Board of Registration for Professional Engineers, the State Board of Certification for Geologists and Soil Scientists, the State Board of Licensure of Administrators of Medical Care Facilities other than Hospitals, the State Board of Architects, the Electricians' Examining Board, the Oil Burner Men's Licensing Board, the Penobscot Bay and River Pilotage Commission, the State Board of Barbers, State Board of Cosmetology, State Board of Registration for Land Surveyors, State Board of Social Worker Registration, the Examiners of Podiatrists, the Board of Chiropractic Examination and Registration, the Board of Examiners on Speech Pathology and Audiology and the Board of 2 LEGISLATIVE DOCUMENT No. 103 Commissioners of the Profession of Pharmacy shall constitute a fund, which shall be a continuous carrying account for the payment of the compensation and expenses of the members, the expenses of the board and for executing the law relating to each board respectively and so much thereof as may be required is appropriated for said purposes. Sec. 2. 32 MRSA § 6051, sub-§ 6, as repealed and replaced by PL 1977, c. 696, ~ 252, is repealed as follows: 6. Polygraph expert:- "Polygraph expert" means an expert in the analysis of polygraph test results; hov,rever, a full time poliee offieer may aet as a polygraph examiner 'Nithout a lieense Sec. 3. 32 MRSA § 6055, first ~, last 2 sentences, as enacted by PL 1977, c. 508, ~ 3, are repealed as follows: For the purposes of this e~, a polygraph expert shall be considcrcd a private invcstigator and shall ne-t-cngagc in the practice of his profession unless--Heensed as a private investigator as provided in section S957. Hewevcr, part time or full time police officers-ffiay act as a polygraph cxpert without a license 'Nhile aetifl.g in their capacity as a police offieff Sec. 4. 32 MRSA c. 87 is enacted to read: CHAPTER 87 POL YGRAPH EXAMINERS § 7151. Short title This chapter shall be known and may be cited as the Polygraph Examiners Act. § 7152. Purpose It is the purpose of this chapter to regulate all persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation, such as lie detectors, polygraphs, deceptographs or similar or related devices and instruments without regard to the nomenclature applied thereto and this chapter shall be liberally construed to regulate all these persons and instruments. No person who purports to be able to detect deception or to verify truth of statements through instrumentation shall be held exempt from this chapter because of the terminology which he may use to refer to himself, to his instrument or to his services. § 7153. Definitions As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. 1. Board. "Board" means the Polygraph Examiners Board. 2. Internship. "Internship" means the study of polygraph techniques and of the administration of polygraph examinations by a trainee under the personal LEGISLATIVE DOCUMENT No. 103 3 supervision and control of a licensed polygraph examiner in accordance with a course of study prescribed by the board at the commencement of the internship. 3. Person. "Person" means any natural person, firm, association, partnership or corporation. 4. Polygraph examiner. "Polygraph examiner" means any person who purports to be able to detect deception or verify truth of statements through instrumentation or the use of a mechanical device. 5. Polygraph screening tests. "Polygraph screening tests" mean limited polygraph tests designed to generally screen individuals for the following purposes: A. The elimination of suspects in criminal and civil matters where a number of individuals have come under suspicion; B. The screening of the personal history of applicants for employment in business, industry, law enforcement or other activities to verify an applicant's statements relative to previous criminal activity, qualifications, responsibility and other areas which would have a direct bearing on the applicant's ability or potential to perform the duties of the position applied for; or C. The periodic screening of employees in a business, industry or other activity relative to criminal or other improper activities directed against the employer for the purposes of detecting and deterring internal crime. 6. Secretary. "Secretary" means that member of the Polygraph Examiners Board selected by the board to act as secretary. 7. Specific polygraph examination. "Specific polygraph examination" means an in-depth polygraph examination of an individual that is designed to explore specific criminal or civil allegations or serve as a follow-up examination where a polygraph screening test provides indications of possible deception. § 7154. Use of polygraph examination results Polygraph examination graphs and the resulting opmlOns of polygraph examiners may be used as an investigative aid and as a means of supporting other evidence as to the guilt or innocence of an accused person before any court, board or in any other administrative proceeding, when found to be acceptable by the court, board or administrative entity. However, the polygraph test graphs and resulting opinions of the polygraph examiner shall in no case be used as the sole source of evidence or information in any criminal, civil, administrative, employment, employee termination or any other process. Voluntary admissions or other statements legally obtained in conjunction with a polygraph examination may be considered in any legal or administrative actions. § 7155. Minimum instrumentation required 4 LEGISLATIVE DOCUMENT No. 103 Any instrument used to test or question individuals for the purpose of detecting deception or verifying truth of statements shall record visually, permanently and simultaneously: 1. Cardiovascular pattern. A subject's cardiovascular pattern; 2. Respiratory pattern. A subject's respiratory pattern; and 3. Electrodermal or galvanic skin response pattern. A subject's electrodermal or galvanic skin response pattern. Patterns of other physiological changes in addition to those listed in subsections 1, 2 and 3 may also be recorded. The use of any other instrument or device to detect deception or to verify truth of statements which does not meet these minimum instrumentation requirements is prohibited and the operation or use of the equipment shall be subject to penalties and may be enjoined in the manner provided in this chapter. § 7156. Creation of the board 1. Membership. There is established a Polygraph Examiners Board consisting of a maximum of 5 members who shall be citizens of the United States and residents of the State of Maine for at least 2 years prior to appointment, 3 of whom shall have been engaged for a period of at least 2 years as polygraph examiners and have completed a course of formal instruction in polygraph instrumentation and techniques totaling at least 200 hours of classroom instruction at a school, civilian, military or governmental, that is fully recognized and accredited by the American Polygraph Association, one of whom shall be practicing attorney in the State and one of whom shall be a citizen of the State unconnected with the business of carrying out polygraph examinations or with any law enforcement agency. At least one member shall be a qualified polygraph examiner of a governmental law enforcement agency and at least one member shall be a qualified polygraph examiner in the private or commercial field. The members shall be appointed by the Governor for a term of 4 years. The terms of office of members appointed to the initial board are 2 for 2 years; 2 for 3 years and one for 4 years. Members may be appointed by the Governor to successive terms. Any vacancy in an unexpired term shall be filled by appointment of the Governor for the unexpired term. 2. Expenses. Members of the board shall be compensated for travel and expenses incurred in performance of their duties. 3. Meetings. The board shall meet within 30 days after the effective date of this chapter and elect a chairman, vice-chairman and a secretary from among its members. At the meeting the board shall specify dates spaced at 3-month intervals on which examinations for polygraph examiners' licenses will be held. A copy of those dates shall forthwith be delivered to the secretary. 4. Voting. The vote of a majority of the board members is sufficient for passage of any business or proposal which comes before the board. LEGISLATIVE DOCUMENT No. 103 5 5. Staff. The board shall employ such staff as is necessary for the purpose of carrying out this chapter.