An Act To Establish the Right To Practice Complementary and Alternative Health Care Act
Maine Legislature, Session 129, LD 0364
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: MIRAMANT, BROOKS, BREEN, CHENETTE, CLAXTON, VITELLI, BEEBE-CENTER, BERRY, MASTRACCIO, TEPLER

Legislative Document
No. 364
S.P. 104
In Senate, January 24, 2019
An Act To Establish the Right To Practice Complementary and 
Alternative Health Care Act
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MIRAMANT of Knox.
Cosponsored by Representative BROOKS of Lewiston and
Senators: BREEN of Cumberland, CHENETTE of York, CLAXTON of Androscoggin, 
VITELLI of Sagadahoc, Representatives: BEEBE-CENTER of Rockland, BERRY of 
Bowdoinham, MASTRACCIO of Sanford, TEPLER of Topsham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA c. 113-B, sub-c. 5 is enacted to read:
SUBCHAPTER 5
COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
§12601.  Short title
This subchapter may be known and cited as "the Right To Practice Complementary 
and Alternative Health Care Act."
§12602.  License not required
A person who provides health care services in accordance with this subchapter but 
who is not licensed, certified or registered in this State as a health care professional or 
practitioner under this Title does not violate any law relating to the licensing of health 
care professionals under this Title as long as the person complies with the requirements of 
this subchapter.  For the purposes of this subchapter, "health care services" means 
complementary or alternative health care services.
1.  Prohibited acts.  A person providing health care services under this subchapter 
may not engage in any of the following activities:
A.  Performing surgery, setting fractures or performing any other procedure on a 
person that punctures the skin;
B.  Administering or prescribing radiation, including x-ray radiation;
C.  Prescribing or administering medications, drugs or devices that require a 
prescription from a licensed health care professional;
D.  Recommending the discontinuance of medications or drugs or the use of devices 
prescribed by a licensed health care professional;
E.  Performing chiropractic adjustment of joints or spine; or
F.  Acting in any way that suggests, advertises or implies that the person providing 
health care services is licensed as a health care professional under any other chapter 
of this Title.
2.  Required disclosures.  A person who provides health care services under this 
subchapter and is advertising or charging a fee for those services shall, prior to providing 
services, disclose the following in writing to the person receiving services:
A.  The name, business address and telephone number of the person providing health 
care services;
B.  The fact that the person providing health care services is not a licensed health care 
professional;
C.  The nature of the health care services to be provided; and
D.  The degrees, training, experience, credentials or other qualifications of the person 
providing health care services.
A written copy of the disclosures required under this subsection must be posted in a 
prominent location on the premises where the health care services are being provided.
3.  Acknowledgment required.  Prior to providing health care services to another 
person for the first time, the person providing services shall obtain a written, signed 
statement that the disclosures required in subsection 2 have been provided and 
understood.  The written, signed statement must be retained for 2 years by the person 
providing the health care services.
4.  Relief.  This subchapter does not limit the right of any person to seek relief for 
negligence or other civil remedy against a person providing health care services subject to 
this subchapter.
5.  Scope of practice.  This subchapter does not affect the scope of practice of a 
health care professional licensed under this Title.
This subchapter may not be construed to prevent a person from providing health care 
services that would otherwise be exempt under this Title.  This subchapter may not be 
construed to require a person to be licensed to provide services that would be exempt 
under this Title.
SUMMARY
This bill establishes the Right To Practice Complementary and Alternative Health 
Care Act.  The bill provides that a person providing alternative or complementary health 
care services who is not licensed under the Maine Revised Statutes, Title 32 may provide 
health care services as long as the person does not perform surgery, prescribe 
medications, drugs or devices that require a prescription, perform chiropractic 
manipulation or falsely state that the person is a licensed health care professional.  The 
person providing services must disclose certain information to the person receiving 
services and must collect and retain a signed statement granting permission to provide 
services.