Cobb v. Board of Counseling Professionals Licensure

DANA, J., with whom ALEXANDER, J., joins,

dissenting.

[¶ 38] Although A. Michelle Cobb has been diagnosing and treating mental health disorders since the 1980s, and with the knowledge and acquiescence of the Board of Counseling Professionals Licen-sure since 1993, the Board concluded and the Court concludes today that an amendment to the statute in 1999, 32 M.R.S. § 13858 (2005), unambiguously renders that conduct unauthorized.

[¶ 39] Because the amendment to the statute is, at the very least, ambiguous; because other sections of the statute and the Board’s rules, regulations, and forms seem to…