An Act To Clarify the Authority of Podiatrists To Use Assistants
Maine Legislature, Session 122, LD 0750
Committee: Business, Research and Economic Development
Sponsors: BROMLEY, O'BRIEN, DAMON, SULLIVAN, BERUBE
Amends: 32 MRSA §3552

Legislative Document 
No. 750 
S.P.248 
In Senate, February 10,2005 
An Act To Clarify the Authority of Podiatrists To Use Assistants 
(EMERGENCY) 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator BROMLEY of Cumberland. 
Cosponsored by Representative O'BRIEN of Lewiston and 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senators: DAMON of Hancock, SULLIVAN of York, Representative: BERUBE of Lisbon. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this Act clarifies that podiatrists are authorized 
to delegate podiatric medical services to assistants; and 
Whereas, it is the common practice of podiatrists in the 
State to use podiatric assistants; and 
Whereas, it 
is 
urgent 
that 
the 
clarification 
of 
the 
podiatrist's authority 
to 
use 
assistants 
in all 
aspects 
of 
podiatric medicine be effective immediately in order to allow 
podiatrists to continue practicing in a safe and legal manner; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec.t. 32 MRSA §3552·A is enacted to read: 
§3552-A. 
Podiatric assistants 
1. 
Podiatric assistants permitted. 
This chapter may not be 
construed 
to 
prohibit 
a 
podiatric 
assistant 
from 
rendering 
podiatric medical services if these services are rendered under 
the supervision and control of a podiatrist and if that podiatric 
assistant is in a training program approved by the board or has 
satisfactorily completed training and 
a 
competency evaluation 
approved by the board. 
"Su'p-ervision and control" may not be 
construed to require the personal presence of the supervising and 
controlling podiatrist a_t 
the place where these services are 
rendered, 
unless 
a 
physical presence is necessary to provide 
patient care of the same quality as provided by the podiatrist. 
This chapter may not be construed to prohibit a podiatrist from 
delegating to a podiatric assistant certain activities relating 
to medical care and treatment that are delegated by custom and 
usage, as long as those activities are under the supervision or 
control of the podiatrist, who must be present on the premises at 
the time the activities are performed. 
This section may not be 
construed 
to 
require 
the 
presence 
of 
the 
supervising 
and 
controlling podiatrist during the rendering of nondiagnostic or 
nontherapeutic services. 
Page l-LR1496(1) 
2. 
Liability. 
A podiatrist who delegates activities as 
described in subsection 1 to a podiatric assistant is legally 
liable for the medical a_ctivities of that podiatric assistant, 
and a podiatric assistant in this relationship is considered the 
PQdiatrist's agent, 
This 
su~ction may not be construed to 
apply to an individual acting under a separate license accepted 
by the State to render services independently. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill amends the laws governing podiatric practice by 
clarifying that podiatrists 
are 
authorized to 
use 
podiatric 
assistants in all aspects of podiatric medicine if each podiatric 
assistant 
is 
in 
training 
or 
has 
completed 
training 
and 
a 
competency evaluation approved 
by 
the 
Board of Licensure of 
Podiatric Medicine. 
A podiatrist is legally liable for 
the 
medical 
activities 
performed 
by 
that 
podiatrist's 
podiatric 
assistant.