§7363. Prohibitions
1. Practice without a license. A person may not administer polygraph examinations, purport to be a polygraph examiner or use any other title that would cause members of the public to believe that the person is a polygraph examiner without first securing a license under this chapter. This prohibition does not apply to an employee of the Federal Government who administers polygraph examinations in the course of employment or who purports to be a polygraph examiner in connection with employment.
[PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]
2. Prohibited questioning. A polygraph examiner conducting a polygraph examination may not ask any questions pertaining to sexual behavior of any type or questions that could be construed as being sexually oriented, unless the examination is conducted either in the course of a criminal investigation by law enforcement officials or in the course of civil litigation in which sexual behavior is at issue or the examination is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment. This prohibition does not apply to polygraph examinations for applicants for positions in law enforcement agencies. If the polygraph examination is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment, the results of the examination are not admissible into evidence in a court proceeding.
[PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]
3. Political or religious beliefs. A polygraph examiner may not ask questions regarding the political or religious beliefs of any individual during a polygraph examination, except when the examination is conducted in the course of a criminal investigation conducted by law enforcement officials and the political or religious beliefs of the individual may be relevant to that investigation.
[PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]
4. Knowledge and consent. A polygraph examiner may not conduct a polygraph examination without the subject's full knowledge and consent.
[PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]
SECTION HISTORY
PL 2013, c. 316, §3 (NEW). PL 2013, c. 316, §5 (AFF).
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