An Act To Implement Recommendations for Review of the Licensing Laws for Certain Licensed Health Professionals Pursuant to the State Government Evaluation Act
Maine Legislature, Session 129, LD 2133
Committee: Health Coverage, Insurance and Financial Services
Amends: 32 MRSA §2153-A, 32 MRSA §2417, 32 MRSA §2562, 32 MRSA §3269, 32 MRSA §18324

Legislative Document
No. 2133
H.P. 1523
House of Representatives, March 5, 2020
An Act To Implement Recommendations for Review of the 
Licensing Laws for Certain Licensed Health Professionals Pursuant 
to the State Government Evaluation Act
(EMERGENCY)
Reported by Representative TEPLER of Topsham for the Joint Standing Committee on 
Health Coverage, Insurance and Financial Services pursuant to the Maine Revised Statutes, 
Title 3, section 955, subsection 4.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the State Government Evaluation Act requires the Legislature to 
periodically review agencies, independent agencies and boards of State Government in 
order to evaluate their efficacy and performance; and
Whereas, the Joint Standing Committee on Health Coverage, Insurance and 
Financial Services has reviewed the efficacy and performance of the Board of Licensure 
in Medicine, the Board of Osteopathic Licensure, the State Board of Nursing, the State 
Board of Optometry and the Board of Dental Practice; and
Whereas, this legislation implements the recommendation of the joint standing 
committee that each board, in consultation with interested parties, review its licensing 
laws and rules and recommend changes to update those laws and rules no later than 
February 15, 2021; and
Whereas, immediate enactment of this legislation is necessary so that each licensing 
board has adequate time to complete the review; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
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. 1.  32 MRSA §2153-A, sub-§1, as enacted by PL 1993, c. 600, Pt. A, §123, 
is amended to read:
1.  Bylaws; rules. May adopt bylaws, and adopt rules for the transaction of the 
business of the board and the government and management of its affairs, not inconsistent 
with the laws of this State and of the United States, as it considers expedient and make 
recommendations for changes to update the laws and rules related to the practice of 
nursing;
Sec. 2.  32 MRSA §2417, sub-§5, as amended by PL 2009, c. 195, §5, is further 
amended to read:
5.  Rules. The board shall, in accordance with the Maine Administrative Procedure 
Act, Title 5, sections 8051 to 8059, make reasonable rules, not inconsistent with law, to 
govern the following:
A.  The time, place and manner of conducting state board examinations in optometry 
and the manner and form in which applications for examination must be filed;
B.  The fees for registration and licensing under subchapter III 3; and
C.  The conduct of the lawful practice of optometry in accordance with the standards 
established by this chapter.
The board may make other reasonable rules, in accordance with Title 5, sections 8051 to 
8059, as necessary for the proper performance of its duties, including rules relating to 
false, deceptive and misleading advertising.  Rules adopted relating to such advertising 
may not be inconsistent with any rules adopted pursuant to Title 5, section 207, 
subsection 2.  The board may make recommendations for changes to update the laws and 
rules related to the practice of optometry.
Sec. 3.  32 MRSA §2562, first ¶, as amended by PL 1997, c. 50, §2, is further 
amended to read:
The board shall meet in June of each year at a time and place the chair may designate. 
The board shall elect one of its members as chair annually and one of its members as 
secretary-treasurer, to hold office at the pleasure of the board. The secretary-treasurer 
shall ensure proper management of the board's finances. Special meetings may be called 
at the pleasure of the chair and in case of the death or inability of the chair, the secretary-
treasurer may call special meetings. The board shall cause a seal of suitable inscription to 
be procured and affixed to papers that may require the seal, shall keep a correct record of 
its proceedings and has power to make rules, not inconsistent with this chapter, it 
considers necessary for the successful enforcement of its authority and the performance 
of its duties. The board may recommend changes to update the laws and rules related to 
the practice of osteopathic medicine.  As part of the biennial relicensure process, the 
board shall prepare and distribute to each licensed osteopathic physician practicing in the 
State a copy of its code of ethics and current rules relative to continuing medical 
education. The chair and the secretary-treasurer may administer oaths in matters 
connected with the duties of the board. The records of the board must include a report of 
all money received and disbursed by the board and a list of all applicants for licenses, 
including the name and location of the school or college of osteopathic medicine 
approved by the American Osteopathic Association that granted the degree to each 
applicant and whether the applicant was granted or denied a license. These records, or 
duplicates, must always be open to inspection in the office of the Secretary of State 
during regular office hours. Four members of the board constitute a quorum for the 
transaction of business.  A license to practice osteopathic medicine may not be granted, 
except on an affirmative vote of a majority of the board.
Sec. 4.  32 MRSA §3269, sub-§7, as amended by PL 1993, c. 600, Pt. A, §202, is 
further amended to read:
7.  Rules.  The power to adopt rules as the board determines necessary and proper to 
carry out this chapter and to make recommendations for changes to the laws and rules 
related to the practice of medicine;
Sec. 5.  32 MRSA §18324, as enacted by PL 2015, c. 429, §21, is amended to 
read:
§18324.  Rules
The board shall adopt rules that are necessary for the implementation of this chapter.  
The rules may include, but need not be limited to, requirements for licensure, license 
renewal and license reinstatement as well as practice setting standards that apply to 
individuals licensed under this chapter relating to recordkeeping, infection control, 
supervision and administering sedation and anesthesia. Rules adopted pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.  The 
board may make recommendations for changes to the laws and rules related to dental 
practice.
Sec. 6.  Board of Licensure in Medicine to review licensing laws and 
recommend changes. The Board of Licensure in Medicine established by the Maine 
Revised Statutes, Title 5, section 12004-A, subsection 24, in consultation with interested 
parties, shall review Title 32, chapter 48 and any rules adopted by the board and 
recommend changes to update the licensing chapter and any rules. The board shall submit 
its report and recommendations to the joint standing committee of the Legislature having 
jurisdiction over health coverage, insurance and financial services matters no later than 
February 15, 2021. The joint standing committee may report out a bill to the First Regular 
Session of the 130th Legislature based on the board's recommendations.
Sec. 7.  Board of Osteopathic Licensure to review licensing laws and 
recommend changes. The Board of Osteopathic Licensure established by the Maine 
Revised Statutes, Title 5, section 12004-A, subsection 29, in consultation with interested 
parties, shall review Title 32, chapter 36 and any rules adopted by the board and 
recommend changes to update the licensing chapter and any rules. The board shall submit 
its report and recommendations to the joint standing committee of the Legislature having 
jurisdiction over health coverage, insurance and financial services matters no later than 
February 15, 2021. The joint standing committee may report out a bill to the First Regular 
Session of the 130th Legislature based on the board's recommendations.
Sec. 8.  State Board of Nursing to review licensing laws and recommend 
changes.  The State Board of Nursing established by the Maine Revised Statutes, Title 
5, section 12004-A, subsection 25, in consultation with interested parties, shall review 
Title 32, chapter 31 and any rules adopted by the board and recommend changes to 
update the licensing chapter and any rules. The board shall submit its report and 
recommendations to the joint standing committee of the Legislature having jurisdiction 
over health coverage, insurance and financial services matters no later than February 15, 
2021. The joint standing committee may report out a bill to the First Regular Session of 
the 130th Legislature based on the board's recommendations.
Sec. 9.  State Board of Optometry to review licensing laws and 
recommend changes. The State Board of Optometry established by the Maine Revised 
Statutes, Title 5, section 12004-A, subsection 28, in consultation with interested parties, 
shall review Title 32, chapter 34-A and any rules adopted by the board and recommend 
changes to update the licensing chapter and any rules. The board shall submit its report 
and recommendations to the joint standing committee of the Legislature having 
jurisdiction over health coverage, insurance and financial services matters no later than 
February 15, 2021. The joint standing committee may report out a bill to the First Regular 
Session of the 130th Legislature based on the board's recommendations.
Sec. 10.  Board of Dental Practice to review licensing laws and 
recommend changes. The Board of Dental Practice established by the Maine Revised 
Statutes, Title 5, section 12004-A, subsection 10, in consultation with interested parties, 
shall review Title 32, chapter 143 and any rules adopted by the board and recommend 
changes to update the licensing chapter and any rules. The board shall submit its report 
and recommendations to the joint standing committee of the Legislature having 
jurisdiction over health coverage, insurance and financial services matters no later than 
February 15, 2021. The joint standing committee may report out a bill to the First Regular 
Session of the 130th Legislature based on the board's recommendations.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill is reported out by the Joint Standing Committee on Health Coverage, 
Insurance and Financial Services pursuant to the Maine Revised Statutes, Title 3, section 
955, subsection 4. The bill implements recommendations related to the committee’s 
review of the Board of Licensure in Medicine, the Board of Osteopathic Licensure, the 
State Board of Nursing, the State Board of Optometry and the Board of Dental Practice.
The bill directs each board, in consultation with interested parties, to review the 
licensing laws and rules for the board and to recommend changes to update those laws 
and rules no later than February 15, 2021. The bill authorizes the joint standing 
committee of the Legislature having jurisdiction over health coverage, insurance and 
financial services matters to report out a bill to the First Regular Session of the 130th 
Legislature based on the board's recommendations.
The committee is reporting the bill out for the sole purpose of turning the 
recommendations into a printed bill that can be referred to the committee for an 
appropriate public hearing and subsequent processing in the normal course. The 
committee is taking this action to ensure clarity and transparency in the legislative review 
of this bill.