Me. R. Civ. P. 35
Advisory Committee's Notes - 1993
Rule 35(a) is amended to permit the court to order a mental examination by a "licensed . . . psychologist." The change, which is in accord with a 1988 Congressional revision of Federal Rule 35(a), reflects the increasing incidence of claims involving mental or emotional condition in civil litigation and the corresponding need for increased resort to psychologists. In Maine, licensed psychologists are those practitioners defined in 32 M.R.S.A. §3811(2) and qualified and licensed as provided in 32 M.R.S.A. § §3831(2), 3832-36. A psychologist from another state satisfies the rule if qualified and licensed under similar provisions of that state's law.
The amendment also expressly requires that examining physicians be "licensed." The rule thus requires licensure pursuant to 32 M.R.S.A. § §3270, 3271-3276, for physicians or 32 M.R.S.A. § §2571 - 2573 for osteopathic physicians, or similar provisions in another state.
The amendment does not extend as far as the December 1991 amendment of the federal rule to include any "suitably licensed or certified examiner," because of the extreme range and variety in licensing provisions and standards.
Rules 35(b)(1) and (3) are amended for conformity with the amendment of Rule 35(a) by using the term "examiner" to refer to either a licensed physician or a licensed psychologist. Cf. Rule 35(b)(2).