An Act Relating to Complementary and Alternative Medicine Licensure
Maine Legislature, Session 129, LD 1384
Committee: Health Coverage, Insurance and Financial Services
Sponsors: MOORE, TUELL, CLAXTON, ALLEY, PERRY
Amends: 32 MRSA §12501, 32 MRSA §12502, 32 MRSA §12503, 32 MRSA §12504, 32 MRSA §12505-A

Legislative Document
No. 1384
S.P. 428
In Senate, March 26, 2019
An Act Relating to Complementary and Alternative Medicine 
Licensure
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MOORE of Washington.
Cosponsored by Representative TUELL of East Machias and
Senator: CLAXTON of Androscoggin, Representatives: ALLEY of Beals, PERRY of Calais.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §12501, sub-§5-B is enacted to read:
5-B.  Holistic health practitioner.  "Holistic health practitioner" means:
A.  Any person who is not a licensed massage therapist, but through accredited 
formal education and training engages in therapeutic touch or acupressure, massage 
or myofascial work or reflexology for the purpose of opening energy pathways within 
the human body;
B.  Any person who is not a licensed dietician, but through accredited formal 
education and training in the field of nutritional science provides information and 
makes recommendations regarding nutrition or dietary supplements;
C.  Any person who through accredited formal education and training engages in 
clinical aromatherapy and uses or makes recommendations for the use or 
consumption of essential oils to support wellness;
D.  Any person who is Native American and engages in Native American shamanic 
practices;
E.  Any person who through accredited formal education and training engages in 
psychoneuroimmunology practices to affect the mind-body relationship; or
F.  Any person who engages in formal or informal coaching practices to recommend 
lifestyle changes or behavioral modifications to affect the mind-body relationship.
Sec. 2.  32 MRSA §12502, sub-§1, as amended by PL 2015, c. 502, §6, is further 
amended to read:
1.  Membership.  The Board of Complementary Health Care Providers, as 
established in Title 5, section 12004-A, subsection 8-A, shall regulate the professions of 
acupuncture, naturopathic medicine, holistic health and midwifery according to the 
provisions of this chapter.  The board consists of 9 members appointed by the Governor.  
The Governor shall make the initial appointments to the board no later than 60 days after 
the effective date of this section and shall inform the Commissioner of Professional and 
Financial Regulation of these appointments.  The commissioner shall call the first 
meeting of the board on a date no later than 30 days following notification of 
appointments by the Governor.  All members of the board must be residents of this State.  
Two members of the board must be acupuncturists licensed in this State.  Two members 
of the board must be naturopathic doctors who are eligible for licensure under, or are 
licensed pursuant to, the requirements of subchapter 3.  One member must be a certified 
professional midwife licensed in this State.  One member must be a midwife of any 
classification licensed in this State.  One member must be a public member as defined in 
Title 5, section 12004-A.  One member must be an allopathic or osteopathic physician, 
board-certified in obstetrics and gynecology, who is licensed in this State.  One member 
must be a physician or nurse practitioner with a specialty in pediatric care who is licensed 
in this State.
Sec. 3.  32 MRSA §12503, sub-§1, as amended by PL 2015, c. 502, §§7 and 8, is 
further amended to read:
1.  Duties.  The board shall:
A.  Adopt rules necessary to administer this chapter;
B.  Set standards of practice for acupuncturists and, naturopathic doctors and holistic 
health practitioners;
B-1.  Set the standards of practice for midwives.  Prior to January 1, 2021, rules 
relating to the limitations in section 12536, the drug formulary, informed consent 
documentation, preexisting conditions that render a pregnancy ineligible for out-of-
hospital birth and data collection and reporting must be adopted by the board in joint 
rulemaking with the Board of Licensure in Medicine.  On or after January 1, 2021, 
rules adopted pursuant to this paragraph must be adopted by the board.  All other 
rules must be adopted by the board.
D.  Ensure that acupuncturists, naturopathic doctors and, midwives and holistic health 
practitioners serving the public meet minimum standards of proficiency and 
competency to protect the health, safety and welfare of the public; and
E.  Administer and enforce the provisions of this chapter and any rules adopted by the 
board under that authority granted in this chapter.
Sec. 4.  32 MRSA §12504, as amended by PL 2015, c. 502, §9, is further amended 
to read:
§12504.  Unauthorized employment
A person in the course of business may not employ an acupuncturist, naturopathic 
doctor or, midwife or holistic health practitioner who does not have a license unless that 
person is a student or intern within the meaning of this chapter.
Sec. 5.  32 MRSA §12505-A, as amended by PL 2015, c. 502, §10, is further 
amended to read:
§12505-A.  Unlicensed practice
A person who violates section 12504, 12511, 12521 or, 12531 or 12551 is subject to 
the provisions of Title 10, section 8003.
Sec. 6.  32 MRSA c. 113-B, sub-c. 5 is enacted to read:
SUBCHAPTER 5
HOLISTIC HEALTH PRACTITIONER LICENSING REQUIREMENTS 
AND SCOPE OF PRACTICE
§12551.  Licensure
1.  Licensure required.  A person may not practice holistic health or profess to be 
practicing as a holistic health practitioner in this State unless that person holds a current 
and valid license from the board.
2.  Exception.  This chapter does not apply to any person who is licensed to practice 
any healing art or science and who uses holistic health practices in the course of that 
practice and within the scope of that license.
§12552.  Qualifications for holistic health practitioners
The eligibility of an applicant for a license to practice holistic health must be 
determined in accordance with the following.
1.  Eligibility.  To be eligible to apply for a license to practice holistic health, an 
applicant must:
A.  Be at least 21 years of age;
B.  Hold or have held licensure or professional certification in any licensed medical 
or dental profession in the United States or hold or have held certification as an 
educational or behavioral consultant in this State;
C.  Hold certification in at least 2 complementary health practices described in 
section 12501, subsection 5-B; and
D.  Have met requirements regarding education and experience as established by the 
board.  These requirements must include the following:
(1)  Satisfactory evidence of either: 
(a)  Completion of a doctoral degree from an accredited institution of higher 
learning in the United States, completion of a practicum or internship in the 
field of intended practice and completion of 1,800 hours of supervision from 
a licensed complementary health care provider in this State or at a public 
health facility; or
(b)  Completion of a master's degree in the last 10 years and completion of at 
least 24 credits of classroom instruction in any combination of biology, 
anatomy, chemistry, physiology, psychology or pharmacology or completion 
of military training in the medical or dental field with demonstrated proof of 
certification as a complementary health care provider after military service;
(2)  Documented training in no less than 4 of the 7 recognized mind-body 
modalities, including manual healing methods, clinical aromatherapy and herbal 
medicine, alternative systems of medical practice, mind-body interventions, bio-
electromagnetic applications and life or health coaching. The board may not 
consider training in iridology, homeopathy or colonic cleansing as acceptable 
evidence of education or training for qualification under this section;
(3)  Documented evidence of completion of no less than 3 credit hours in the 
ethics of complementary and alternative medical practices or coaching standards 
at an accredited institution of higher learning;
(4)  An agreement and supervision plan with a licensed complementary health 
care provider to provide no less than 1,800 hours of clinical supervision of the 
applicant; and
(5)  Satisfactory evidence of professional liability insurance.
2.  Endorsement.  An applicant who holds a current valid license to practice holistic 
health from another state with requirements for licensure at least equal to the 
requirements under this section must be issued a license by the board.
§12553.  Licensing
1.  Licensed holistic health practitioner.  The board shall issue a license to practice 
holistic health to an applicant who has satisfactorily met the following minimal 
requirements:
A.  The eligibility requirements set forth in section 12552; and
B.  Any other reasonable criteria the board may prescribe by rule, including criteria 
related to consumer disclosure, materials used for marketing and compliance with 
policies for medical privacy and informed consent in accordance with federal and 
state law.
§12554.  Scope of practice
The scope of practice of holistic health practitioners includes the use of techniques 
and modalities in multiple areas of science-based, complementary and energy-based 
forms of healing as described in this section.
1.  Limited noninvasive medical procedures.  A holistic health practitioner may 
engage in limited noninvasive medical procedures, including taking vital statistics, 
recording and tracking body weight and ordering and interpreting laboratory tests from 
qualified laboratories for the explicit purpose of making recommendations for health 
coaching in mind-body practices or consultations with other health care providers.
2.  Therapeutic touch.  A holistic health practitioner may engage in therapeutic or 
physical touch, acupressure, myofascial release and directional manipulation of the 
energy meridians as used in the practice of qi gong, tsubo and techniques involving 
essential oils.
3.  Essential oils.  A holistic health practitioner may recommend the use of or create 
blends of commercially prepared essential oils, herbal supplements or vitamin and 
mineral supplements as long as those oils and supplements are designated with the 
nomenclature "generally recognized as safe."
4.  No diagnosis or prescription authority.  A holistic health practitioner may not 
engage in:
A.  The diagnosis of any medical condition or illness, physical or mental, or any 
structural defect in the human body; or
B.  The recommendation for use or prescription of any federally scheduled 
medication or controlled botanical substance, including marijuana or kratom 
products.
§12555.  Fees
The Director of the Office of Professional and Occupational Regulation within the 
Department of Professional and Financial Regulation may establish by rule fees for 
purposes authorized under this subchapter in amounts that are reasonable and necessary 
for their respective purposes, except that the fee for any application may not exceed $175 
and the fee for initial and renewal licensure may not exceed $275 annually.  Rules 
adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A.
§12556.  Reapplication
Any applicant who is denied a license as a holistic health practitioner may apply 
again for licensing after a period of not less than 6 months from the date of the last denial.
§12557.  Application for renewal
1.  Requirements.  Prior to the expiration of a license, a licensee may make an 
application for renewal upon payment of the renewal fee as set under section 12555 and 
upon satisfactory demonstration of completion of continuing education requirements 
adopted by the board as a condition of renewal.
2.  Late renewal.  An application made no more than 90 days past the date of 
expiration of a license must include a late fee in addition to the renewal fee as set under 
section 12555.  An application received more than 90 days past the expiration date is 
subject to all requirements covering new applicants under this chapter.
3.  Continuing education.  When renewing a license, a holistic health practitioner 
must certify to successful completion of continuing education.  The minimum continuing 
education requirement for license renewal is 10 hours annually and 30 hours in a 3-year 
period.  The board may further define and implement these continuing education 
requirements through rulemaking, except that the board must accept evidence of the 
following as successful completion of continuing education:
A.  Completion of a doctoral program in mind-body medicine from an accredited 
institution of higher learning or the publishing of a book in the field of mind-body 
medicine accounts for no less than 30 hours;
B.  Attendance at a convention on complementary health practices for no less than 3 
days or publishing an article in a complementary health journal accounts for no less 
than 10 hours;
C.  Completion of a 2-page synopsis of any complementary health publication or 
presenting at a complementary health seminar for at least 2 hours accounts for no less 
than 5 hours; and
D.  Completion of a one-page synopsis of a peer-reviewed complementary health 
article accounts for one hour.
SUMMARY
This bill establishes a licensing requirement for holistic health practitioners, defines 
"holistic health practitioner," establishes applicant eligibility requirements and license 
renewal requirements and establishes the scope of practice.