An Act to Combine the Board of Licensure in Medicine and Board
Maine Legislature, Session 132, LD 2233
Committee: Health Coverage, Insurance and Financial Services
Amends: 5 MRSA §12004-A, 32 MRSA §20111

Legislative Document
No. 2233
H.P. 1509
House of Representatives, March 12, 2026
An Act to Combine the Board of Licensure in Medicine and Board 
of Osteopathic Licensure into a Single Licensing Board for All 
Physicians and Physician Associates
Reported by Representative MATHIESON of Kittery for the Joint Standing Committee on 
Health Coverage, Insurance and Financial Services pursuant to Joint Order 2025, H.P. 1486.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  5 MRSA §12004-A, sub-§24, as amended by PL 1999, c. 687, Pt. B, §1, 
is repealed.
Sec. A-2.  5 MRSA §12004-A, sub-§24-A is enacted to read:
24-A.   
Maine Board of Medicine
$1,250/Year-Member 
$1,500/Year-Chair
$1,500/Year-Vice-Chair 
$7,500/Year-Secretary
MRSA §20111 
Sec. A-3.  5 MRSA §12004-A, sub-§29, as amended by PL 1999, c. 687, Pt. B, §1, 
is repealed.
Sec. A-4.  32 MRSA c. 36, as amended, is repealed.
Sec. A-5.  32 MRSA c. 48, as amended, is repealed.
Sec. A-6.  32 MRSA c. 153 is enacted to read:
CHAPTER 153
MAINE BOARD OF MEDICINE MEDICAL PRACTICE ACT
SUBCHAPTER 1
GENERAL PROVISIONS
§20101.  Short title
This chapter may be known and cited as "the Maine Board of Medicine Medical 
Practice Act."
§20102.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Allopathic physician.  "Allopathic physician" means a physician who graduated 
from medical school with an M.D. degree. 
2.  Board.  "Board" means the Maine Board of Medicine established in Title 5, section 
12004‑A, subsection 24-A. 
3.  Collaborative agreement.  "Collaborative agreement" means a document agreed 
to by a physician associate and a physician that describes the scope of practice for the 
physician associate as determined by practice setting and describes the decision-making 
process for a health care team, including communication and consultation among health 
care team members. 
4.  Consultation.  "Consultation" means engagement in a process in which members 
of a health care team use their complementary training, skill, knowledge and experience to 
provide the best care for a patient. 
5.  General business.  "General business" means all board actions conducting public 
business, with the exception of disciplinary investigations, complaints and adjudicatory 
hearings resolving disciplinary matters involving licensees or applicants. 
6.  Health care team.  "Health care team" means 2 or more health care professionals 
working in a coordinated, complementary and agreed-upon manner to provide quality, cost-
effective, evidence-based care to a patient and may include a physician, physician 
associate, advanced practice nurse, nurse, physical therapist, occupational therapist, speech 
therapist, social worker, nutritionist, psychotherapist, counselor or other licensed 
professional. 
7.  License.  "License" means a license, certificate, certification, registration, permit, 
approval or other similar document issued by the board to qualified individuals granting 
authority to engage in the practice of medicine. 
8.  Osteopathic physician.  "Osteopathic physician" means a physician who graduated 
from medical school with a D.O. degree. 
9.  Physician.  "Physician" means an allopathic or osteopathic physician or surgeon 
licensed by the board. 
10.  Physician associate.  "Physician associate" means a physician associate licensed 
or privileged under chapter 145-A by the board. 
11.  Practice agreement.  "Practice agreement" means a document agreed to by a 
physician associate who is the principal clinical provider in a practice and a physician that 
states the physician will be available to the physician associate for collaboration or 
consultation. 
12.  Practice of medicine.  "Practice of medicine" means diagnosing, relieving in any 
degree or curing, or professing or attempting to diagnose, relieve or cure a human disease, 
ailment, defect or complaint, whether physical or mental, or of physical or mental origin, 
by attendance, surgery or advice or by prescribing or furnishing a drug, medicine, 
appliance, manipulation, method or therapeutic agent, including, but not limited to: 
A.  Advertising, holding out to the public or representing in any manner that an 
individual is authorized to practice medicine in this State; 
B.  Offering or undertaking to prescribe, order, give or administer any drug or medicine 
for use by any other person; 
C.  Offering or undertaking to prevent or to diagnose, correct or treat in any manner or 
by any means, methods or devices any disease, illness, pain, wound, fracture, infirmity, 
defect or abnormal physical or mental condition of any person; 
D.  Offering or undertaking to perform any surgical operation upon any person; 
E.  Rendering a written or otherwise documented medical opinion concerning the 
diagnosis or treatment of a patient or the actual rendering of treatment to a patient 
within a state by a physician located outside the state as a result of transmission of 
individual patient data by electronic or other means from within a state to the physician 
or the physician's agent; 
F.  Rendering a determination of medical necessity or a decision affecting the diagnosis 
or treatment of a patient; 
G.  Using the designation doctor, doctor of medicine, doctor of osteopathic medicine, 
doctor of osteopathy, physician, surgeon, physician and surgeon, Dr., M.D., D.O. or 
any combination of those designations in the conduct of any occupation or profession 
pertaining to the prevention, diagnosis or treatment of human disease or condition 
unless such a designation additionally contains the description of another branch of the 
healing arts for which an individual holds a valid license in the jurisdiction where the 
patient is located; and
H. Maintaining adequate medical records pursuant to the standard of care. 
13.  Prescription or legend drug.  "Prescription or legend drug" has the same meaning 
as "prescription drug" in section 13702‑A, subsection 30 and includes schedule II to 
schedule V drugs or other substances regulated under the federal Controlled Substances 
Act, 21 United States Code, Section 812. 
14.  Render medical services.  "Render medical services" means to render health care 
services for the diagnosis, prevention, treatment, cure or relief of a health condition, injury 
or disease, including, but not limited to: 
A.  Advertising, holding out to the public or representing in any manner that an 
individual is authorized to render medical services in this State; 
B.  Offering or undertaking to prescribe, order, give or administer any drug or medicine 
for use by any other person; 
C.  Offering or undertaking to prevent or to diagnose, correct or treat in any manner or 
by any means, methods or devices any disease, illness, pain, wound, fracture, infirmity, 
defect or abnormal physical or mental condition of any person; 
D.  Offering or undertaking to perform any surgical operation upon any person; 
E.  Rendering a written or otherwise documented medical opinion concerning the 
diagnosis or treatment of a patient or the actual rendering of treatment to a patient 
within a state by a physician associate located outside the state as a result of 
transmission of individual patient data by electronic or other means from within a state 
to the physician associate or the physician associate's agent; 
F.  Rendering a determination of medical necessity or a decision affecting the diagnosis 
or treatment of a patient; 
G.  Using the designation physician associate, physician assistant or P.A. or any 
combination of those designations in the conduct of any occupation or profession 
pertaining to the prevention, diagnosis or treatment of human disease or condition in 
the jurisdiction where the patient is located; and 
H.  Maintaining adequate medical records pursuant to the standard of care. 
§20103.  Individual license
Only an individual may be licensed or privileged by the board and only an individual 
licensed or privileged by the board may practice medicine or render medical services to 
patients in this State, unless exempted in statutory provision or appropriately licensed by 
and practicing within the individual's legal scope of practice under the authority of another 
state licensing board. 
§20104.  License required
1.  Unlicensed practice.  The following provisions apply. 
A.  A person may not engage in the practice of medicine without a license or during 
any period when that person's license has expired or has been suspended, surrendered 
or revoked. 
B.  A person may not render medical services as a physician associate without a license 
or privilege from the board and may not render medical services during any period 
when that person's license or privilege has expired or has been suspended, surrendered 
or revoked. 
2.  Penalties.  A person who violates this section may be subject to action pursuant to 
Title 10, section 8003-C. 
SUBCHAPTER 2
MAINE BOARD OF MEDICINE
§20111.  Creation; declaration of policy
The Maine Board of Medicine, as established in Title 5, section 12004‑A, subsection 
24-A, is created within this subchapter.  The board recognizes the unique philosophical and 
educational differences between allopathic physicians, osteopathic physicians and 
physician associates.  This subchapter is not intended to combine these into one profession.  
The purpose of this subchapter is to protect the people of this State by efficiently setting 
licensing standards for the 3 separate professions with one licensing board. 
§20112.  Membership
1.  Membership; terms; removal.  The board consists of 22 members who are legal 
residents of this State and are appointed by the Governor as follows: 
A.  Six allopathic physicians, all of whom must hold a valid license under this chapter 
and have been in the clinical practice of medicine in this State for a continuous period 
of 5 years immediately preceding the appointment; 
B.  Six osteopathic physicians, all of whom must hold a valid license under this chapter 
and have been in the clinical practice of medicine in this State for a continuous period 
of 5 years immediately preceding the appointment; 
C.  Four physician associates, all of whom must hold a valid license under this chapter 
and have been in the clinical practice of rendering medical services in this State for a 
continuous period of 5 years immediately preceding the appointment; and 
D.  Six members of the public, all of whom must have no financial interest in the 
medical profession and have never been licensed, certified or given a permit in this 
State or any other state to practice medicine or render medical services. 
The Governor may accept nominations from consumer or patient advocacy groups, 
professional associations and other organizations and individuals.  An individual who has 
been disciplined by a medical regulatory body in any jurisdiction or who has been convicted 
of a crime that is related to the practice of medicine or the rendering of medical services or 
that is punishable by more than one year's imprisonment is not eligible for appointment to 
the board.  Appointment of members must comply with Title 10, section 8009.
2.  Terms.  Terms of the members of the board are for 5 years.  An individual who has 
served 10 years or more on the board is not eligible for reappointment to the board.  A 
board member may be removed by the Governor for cause. 
3.  Quorum.  The following provisions apply. 
A.  A majority of the members of the board constitutes a quorum for the transaction of 
official general business, rulemaking, policy making, guidelines and legislation. 
B.  Five members of the board constitute a quorum for the conduct of adjudicatory 
hearings pursuant to this chapter. 
C.  Five members of an investigative committee under section 20141 constitute a 
quorum for all investigative committee meetings. 
4.  Meetings.  The board shall hold a minimum of 2 regular meetings a year and any 
additional special meetings at a time and place the chair may designate. 
5.  Board officers.  Beginning on the 2nd Tuesday of July in 2027 and every 2nd 
Tuesday in July in odd-numbered years, the members of the board shall meet at the time 
and place the board may determine and shall elect a chair, a vice-chair and a secretary, who 
hold their respective offices for a term of 2 years.  The secretary shall perform such duties 
as delegated by the board through rule.  The board through its executive director shall 
receive all fees, charges and assessments payable to the board and account for and pay over 
the same according to law.  The board shall hold regular meetings at times and places as it 
may determine.  The board shall cause a seal to be engraved and shall keep a record of all 
its proceedings. 
6.  Compensation.  Members of the board are compensated according to the provisions 
of Title 5, chapter 379, subchapter 1.  If the fees to be collected under any of the provisions 
of this chapter are insufficient to pay the salaries and expenses provided by this section, the 
members of the board are entitled only to a pro rata payment for salary in any years in 
which such fees are insufficient. 
7.  Oath.  Each member of the board shall, before entering upon the duties of the 
member's office, take the constitutional oath of office. 
§20113.  Powers and duties
The board has the following powers and duties in addition to all other powers and 
duties imposed by this chapter. 
1.  Powers.  The board may: 
A.  Establish standards of eligibility for examinations for candidates desiring admission 
to medical practice as physicians or physician associates in this State;
B.  Design or adopt an examination and other suitable criteria for establishing a 
candidate's knowledge in medicine and its related skills; 
C.  License and establish standards of practice for physicians and physician associates 
practicing medicine or rendering medical services in this State; 
D.  Conduct adjudicatory hearings, administer oaths, compel the testimony of witnesses 
and compel the production of books, records and documents relevant to inquiry 
pursuant to a subpoena and take evidence in all matters relating to the exercise and 
performance of the powers and duties vested in the board; 
E.  Issue subpoenas in accordance with Title 10, section 8003-A and Title 5, section 
9060 for the production of documents, records and the testimony of witnesses in the 
course of an investigation or an adjudicatory hearing.  This authority applies to any 
stage of an investigation and is not limited to an adjudicatory proceeding.  During 
investigation, this power is delegated to investigative committees pursuant to section 
20141 or, outside of regular meetings of the investigative committees, to the executive 
director or, in the executive director's absence, to the assistant executive director; 
F.  Engage legal counsel, to be approved by the Attorney General, and investigative 
assistants of the board's own choosing to advise the board generally and specifically 
and to represent the board in hearings before the board and in appeals taken from a 
decision of the board; 
G.  Except as provided in paragraph M and subsection 2, paragraph E, employ and 
prescribe the duties of other personnel as the board determines necessary.  Except as 
prescribed in paragraph M, the appointment and compensation of that staff is subject 
to the Civil Service Law; 
H.  Mandate, conduct and operate, or contract with other agencies, individuals, firms 
or associations for the conduct and operation of, programs of medical education, 
including statewide programs of health education for the general public and for the 
disbursement of funds accumulated through the receipt of licensure fees for this 
purpose, as long as the funds are not disbursed for this purpose for out-of-state travel, 
meals or lodging for a physician being educated under this program; 
I.  Conduct and operate, or contract with other agencies or nonprofit organizations for 
the conduct and operation of, a program of financial assistance to medical students 
indicating an intent to engage in family practice in rural areas of this State, under which 
the students may be provided with interest-free grants or interest-bearing loans in an 
amount not to exceed $5,000 per student per year on terms and conditions as the board 
may determine; 
J.  Conduct examinations relevant to licensure; 
K.  Provide services and carry out functions necessary to fulfill the board's statutory 
responsibilities; 
L.  Set reasonable fees for services such as providing license certifications and 
verifications, providing copies of board law and rules and providing copies of 
documents.  The board may also set reasonable fees to defray its costs in administering 
examinations for special purposes that it may from time to time require and for 
admitting courtesy candidates from other states to its examinations; 
M.  Appoint an executive director who serves at the pleasure of the board and who 
shall assist the board in carrying out its administrative duties and responsibilities under 
this chapter.  The salary range for the executive director must be set by the board within 
the range established by Title 2, section 6‑C; 
N.  Direct staff to review and approve applications for licensure or renewal in 
accordance with criteria established in law or in rules adopted by the board.  Licensing 
decisions made by staff may be appealed to the board or one of its investigative 
committees pursuant to section 20141; 
O.  Establish protocols for the operation of a professional review committee as defined 
in Title 24, section 2502, subsection 4‑A.  The protocols must include the committee 
reporting information the board considers appropriate regarding reports received, 
contracts or investigations made and the disposition of each report, as long as the 
committee is not required to disclose any personally identifiable information.  The 
protocols may not prohibit an impaired licensee under this chapter from seeking 
alternative forms of treatment; 
P.  At the direction of the board or one of its investigative committees pursuant to 
section 20141, order a licensee or applicant for licensure or relicensure to undergo a 
mental or physical examination.  An individual examined pursuant to the direction of 
the board or one of its investigative committees may not prevent the testimony of the 
examining individual or prevent the acceptance into evidence of the report of an 
examining individual in any proceeding before the committee or board; 
Q.  When there is a finding of a violation, assess the licensee for all or part of the actual 
expenses incurred by the board or its agents for investigations and enforcement duties 
performed.  For the purposes of this paragraph, "actual expenses" includes, but is not 
limited to, travel expenses and the proportionate part of the salaries and other expenses 
of investigators or inspectors, hourly costs of hearing officers, costs associated with 
record retrieval and the costs of transcribing or reproducing the administrative record; 
R.  Issue a license limited to the practice of administrative medicine, or any other 
special license, as defined by rules adopted by the board; and 
S.  Adopt rules as the board determines necessary and proper to carry out this chapter.  
Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 
5, chapter 375, subchapter 2‑A. 
2.  Duties.  The board shall: 
A.  Investigate complaints in a timely fashion on the board's own motion and those 
filed with the board regarding the potential violation of this chapter or the violation of 
rules adopted by the board pursuant to its authority; 
B.  Open investigations following receipt of reports required by law to be filed with the 
board or other information and reports made to the board regarding a licensee or 
applicant for licensure; 
C.  Keep a record of the names and residences of all individuals licensed under this 
chapter and a record of all money received and disbursed by the board.  Records or 
duplicates must always be open to inspection in the office of the secretary during 
regular office hours.  The board shall annually make a report to the Commissioner of 
Professional and Financial Regulation and to the Legislature containing a full and 
complete account of all its official acts during the preceding year and a statement of its 
receipts and disbursements and comments or suggestions as the board determines 
essential; 
D.  Submit to the Commissioner of Professional and Financial Regulation the board's 
budgetary requirements in the same manner as is provided in Title 5, section 1665.  The 
Commissioner of Professional and Financial Regulation shall in turn transmit these 
requirements to the Bureau of the Budget without revision, alteration or change, unless 
alterations are mutually agreed upon by the department and the board or the board's 
designee; and 
E.  Ensure that the budget submitted by the board to the Commissioner of Professional 
and Financial Regulation is sufficient, if approved, to provide for adequate legal and 
investigative personnel on the board's staff and that of the Attorney General to ensure 
that professional liability complaints described in Title 24, section 2607 and complaints 
regarding this chapter may be resolved in a timely fashion.  The board's staff must 
include one position staffed by an individual who is primarily a consumer assistant.  
Within the limit set by this chapter, the board shall charge sufficient licensure fees to 
finance this budget provision.  The board shall submit legislation to request an increase 
in these fees should they prove inadequate to the provisions of this paragraph. Within 
the limit of funds provided to it by the board, the Department of the Attorney General 
shall make available to the board sufficient legal and investigative staff to enable all 
complaints mentioned in this paragraph to be resolved in a timely fashion. 
3.  Annual report.  Beginning March 1, 2028 and annually thereafter, the board shall 
submit to the Legislature a report consisting of statistics on the following for the preceding 
year: 
A.  The number of complaints against licensees received from the public or filed on the 
board's own motion; 
B.  The number of complaints dismissed for lack of merit or insufficient evidence of 
grounds for discipline; 
C.  The number of cases in process of investigation or hearing carried over at year-end; 
and 
D.  The number of disciplinary actions finalized during the report year. 
§20114.  Role of commissioner
The Commissioner of Professional and Financial Regulation shall act as a liaison 
between the board and the Governor.  The Commissioner of Professional and Financial 
Regulation does not have the authority to exercise or interfere with the exercise of 
discretionary, regulatory or licensing authority granted by statute to the board.  The 
Commissioner of Professional and Financial Regulation may require the board to be 
accessible to the public for complaints and questions during regular business hours and to 
provide any information the Commissioner of Professional and Financial Regulation 
requires in order to ensure that the board is operating administratively within the 
requirements of this chapter.
§20115.  Inspection or copying of record; procedure
1.  Request for record; redaction.  When the board receives a request to inspect or 
copy all or part of the record of an applicant or licensee, the board shall redact information 
that is not public before making the record available for inspection or copying.
2.  Notice.  When the board acknowledges a request to inspect or copy an applicant's 
or a licensee's record as required by Title 1, section 408‑A, subsection 3, the board shall 
send a notice to the applicant or licensee at the applicant's or licensee's last address on file 
with the board explaining that the request has been made.
3.  Application.  This section does not apply to requests for records from other 
governmental licensing or disciplinary authorities or from any health care providers located 
within or outside this State that are concerned with granting, limiting or denying an 
applicant's or licensee's employment or privileges.
SUBCHAPTER 3
LICENSURE
§20121.  Individual license
Only an individual may be licensed under this chapter and only a licensed individual 
may provide services for which a license is required under this chapter. 
§20122.  Licensure or privilege required
1.  Unlicensed practice.  The following provisions apply. 
A.  Unless licensed or privileged by the board, an individual may not practice medicine 
or render medical services to any patient located in this State.  A person may not engage 
in the practice of medicine or render medical services without a license or during any 
period when that person's license is in inactive status, has expired or has been 
suspended, surrendered or revoked. 
B.  An individual who practices medicine, renders medical services or holds that 
individual out as doing so when the individual does not hold a valid, active license or 
privilege to do so may be subject to disciplinary action by the board or legal action by 
the Department of the Attorney General under Title 10, section 8003-C. 
2.  Penalties.  An individual who violates this section commits a Class E crime.  
Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, 
subsection 4‑A. 
§20123.  Exemption for licensed individual accompanying visiting athletic team
1.  Licensed individual accompanying visiting athletic team.  This chapter does not 
apply to an individual who holds a current unrestricted license to practice medicine and 
surgery in another state when the individual, pursuant to a written agreement with an 
athletic team located in the state in which the individual holds the license, provides medical 
services to any of the following while the athletic team is traveling to or from or 
participating in a sporting event in this State:
A.  A member of the athletic team; 
B.  A member of the athletic team's coaching, communications, equipment or sports 
medicine staff; 
C.  A member of a band or cheerleading squad accompanying the athletic team; and 
D.  The athletic team's mascot. 
2.  Restrictions.  An individual authorized to provide medical services in this State 
pursuant to subsection 1 may not provide medical services at a health care facility, 
including a hospital, ambulatory surgical facility or any other facility where medical care, 
diagnosis or treatment is provided on an inpatient or outpatient basis.
§20124.  Application; fees; general requirements
1.  Application.  An applicant seeking a license from the board must submit an 
administratively complete application, licensure or application fee established by rule 
adopted by the board and any other materials required by the board.
2.  Fees.  All fees set forth in this chapter are nonrefundable application fees or 
administrative processing fees payable to the board at the time of application or at the time 
board action is requested.  The board shall establish by rule the fees for each license issued 
by the board.  The maximum fees for each license issued by the board are provided in this 
subchapter. 
3.  Confidentiality of personal contact and health information.  A personal 
residence address, personal telephone number or personal e-mail address submitted to the 
board as part of an application, complaint or investigation under this chapter is confidential 
and may not be disclosed except as permitted under this section or as otherwise required 
by law unless the applicant who submitted the information has indicated that the applicant 
is willing to have the applicant's personal residence address, personal telephone number or 
personal e-mail address treated as a public record.  Personal health information submitted 
to the board as part of an application under this chapter is confidential and may not be 
disclosed except as otherwise permitted under this section or otherwise required by law.  
The board and its staff may disclose personal health information about and the personal 
residence address, personal telephone number or personal e-mail address of a licensee or 
an applicant for a license under this chapter to a government licensing or disciplinary 
authority or to a health care provider located within or outside this State that is concerned 
with granting, limiting or denying a license or employment or privileges to the applicant or 
licensee. 
4.  Public contact information required.  An applicant or licensee shall provide the 
board with a current professional address and telephone number, which will be the 
applicant's or licensee's public contact address.  An applicant or licensee who does not have 
a public contact address and telephone number must use the applicant's or licensee's 
personal address and telephone number as the public contact information. 
5.  Consent to physical or mental examination; objections to admissibility of 
examiner's testimony waived.  For the purposes of this section, a physician or physician 
associate licensed or privileged by the board who accepts the privilege of practicing 
medicine or rendering medical services in this State by the filing of an application and of 
biennial license renewal: 
A.  Is deemed to have consented to a mental or physical examination by an individual 
or entity selected or approved by the board when directed in writing by the board or an 
investigative committee pursuant to section 20141; and 
B.  Is deemed to have waived all objections to the admissibility of testimony based on 
the examination under paragraph A or reports from that examination on the ground that 
these constitute a privileged communication. 
Pursuant to Title 4, section 184, subsection 6, the District Court shall immediately suspend 
the license of a physician or physician associate who can be shown, through the results of 
the medical or physical examination conducted under this section or through other 
competent evidence, to be unable to practice medicine or render medical services with 
reasonable skill and safety to patients by reason of mental illness, alcohol intemperance or 
excessive use of drugs or narcotics or as a result of a mental or physical condition 
interfering with the competent provision of medical services.
6.  License must be displayed.  A physician or physician associate licensed under this 
chapter is entitled to receive a license under the seal of the board and signed by the chair 
and the secretary.  The license must be publicly displayed at the individual's principal place 
of practice as long as the individual continues the practice of medicine. 
§20125.  Licensure of physician associates
1.  Qualification for licensure.  The board may issue to an individual a license to 
practice as a physician associate under the following conditions. 
A.  A license may be issued to an individual who: 
(1) Graduated from a physician assistant or physician associate program approved 
by the board; 
(2) Passed a physician assistant or physician associate national certifying 
examination administered by the National Commission on Certification of 
Physician Assistants or its successor organization; 
(3) Demonstrates current clinical competency either by having engaged in the 
clinical rendering of medical services during the preceding 24 months, or by 
providing a plan to practically demonstrate to the board's satisfaction the 
individual's clinical competency, the requirements of which may be set by 
rulemaking; 
(4) Does not have a license, certificate of registration or privilege that is the subject 
of disciplinary action such as probation, restriction, suspension, revocation or 
surrender; 
(5) Completes an application approved by the board; 
(6) Pays an application fee of up to $400; and 
(7) Passes an examination approved by the board. 
B.  An applicant may not be licensed unless the board finds that the applicant is 
qualified and no cause exists, as set forth in section 20144, that may be considered 
grounds for disciplinary action against a licensed physician associate. 
2.  Rules.  The board may adopt rules regarding the licensure and practice of physician 
associates.  These rules may pertain to, but are not limited to, the following matters: 
A.  Information to be contained in the application for a license; 
B.  Education requirements for the physician associate; 
C.  Requirements for collaborative agreements and practice agreements, including 
uniform standards and forms; 
D.  Requirements for a physician associate to notify the board regarding certain 
circumstances, including, but not limited to, any change in address of the physician 
associate, the permanent departure of the physician associate from this State, any 
criminal convictions of the physician associate and any discipline by other jurisdictions 
of the physician associate; 
E.  Issuance of temporary physician associate licenses; 
F.  Continuing education requirements as a precondition to continued licensure or 
licensure renewal; 
G.  Fees for the application for an initial physician associate license, which may not 
exceed $400; and 
H.  Fees for the biennial renewal of a physician associate license in an amount not to 
exceed $350. 
3.  Privileging of physician associates.  The board shall issue a privilege to a physician 
associate as permitted under chapter 145-A.  The application fee to obtain a privilege 
through the Physician Assistants Licensure Compact may not be higher than the application 
fee for a physician associate license, and any fee for renewal of a Physician Assistants 
Licensure Compact privilege may not exceed $350. 
4.  Renewal of Physician Assistants Licensure Compact privilege.  A physician 
associate exercising the physician associate's compact privilege in this State must renew 
that compact privilege timely and consistent with all requirements of chapter 145-A and of 
the participating state that issued the physician associate's qualifying license and shall pay 
all fees required by the board. 
§20126.  Physician associate criminal history record information; fees
1.  Background check.  The board shall request a background check for an individual 
who submits an application for initial licensure or licensure by endorsement as a physician 
associate under this chapter.  The board shall request a background check for each licensed 
physician associate who applies for an initial compact privilege and designates this State 
as the applicant's participating state in accordance with chapter 145-A.  The background 
check must include criminal history record information obtained from the Maine Criminal 
Justice Information System established in Title 16, section 631 and the Federal Bureau of 
Investigation. 
A.  The criminal history record information obtained from the Maine Criminal Justice 
Information System must include public criminal history record information as defined 
in Title 16, section 703, subsection 8. 
B.  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record information. 
C.  An applicant or licensee shall submit to having fingerprints taken.  The Department 
of Public Safety, Bureau of State Police, upon payment by the applicant or licensee of 
a fee established by the board, shall take or cause to be taken the applicant's or licensee's 
fingerprints and shall forward the fingerprints to the Department of Public Safety, 
Bureau of State Police, State Bureau of Identification so that the State Bureau of 
Identification can conduct state and national criminal history record checks.  Except 
for the portion of the payment, if any, that constitutes the processing fee charged by 
the Federal Bureau of Investigation, all money received by the Bureau of State Police 
for purposes of this paragraph must be paid to the Treasurer of State.  The money must 
be applied to the expenses of administration incurred by the Department of Public 
Safety.  An individual who fails to transmit criminal fingerprint records to the State 
Bureau of Identification pursuant to this paragraph is subject to the provisions of Title 
25, section 1550. 
D.  The subject of a Federal Bureau of Investigation criminal history record check may 
obtain a copy of the criminal history record check by following the procedures outlined 
in 28 Code of Federal Regulations, Sections 16.32 and 16.33.  The subject of a state 
criminal history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709.
E.  State and federal criminal history record information of an applicant for a physician 
associate license may be used by the board for the purpose of screening the applicant.  
State and federal criminal history record information of a licensed physician associate 
seeking an initial compact privilege may be used by the board for the purpose of taking 
disciplinary action against the licensee.  A board action against an applicant for 
licensure or a licensee under this subsection is subject to the provisions of Title 5, 
chapter 341.
F.  Information obtained pursuant to this subsection is confidential.  The results of 
background checks received by the board are for official use only and may not be 
disseminated to the Physician Assistants Licensure Compact Commission established 
under section 18537 or to any other person.
G.  An individual whose license has expired and who has not applied for renewal may 
request in writing that the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification remove the individual's fingerprints from the bureau's 
fingerprint file.  In response to a written request, the bureau shall remove the 
individual's fingerprints from the fingerprint file and provide written confirmation of 
that removal.
2.  Rules.  The board, following consultation with the Department of Public Safety, 
Bureau of State Police, State Bureau of Identification, may adopt rules to implement this 
section.  Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A.
§20127.  Licensure of allopathic physicians
Except as otherwise specified by this chapter, all applicants for licensure as an 
allopathic physician or surgeon in this State must satisfy the following requirements. 
1.  Medical education.  Each applicant must: 
A.  Graduate from a medical school designated as accredited by the Liaison Committee 
on Medical Education or the Committee on Accreditation of Canadian Medical 
Schools; 
B.  Graduate from an unaccredited medical school, be evaluated by the Educational 
Commission for Foreign Medical Graduates and hold a current certificate from the 
Educational Commission for Foreign Graduates; or 
C.  Graduate from an unaccredited medical school and achieve a passing score on a 
comprehensive examination determined by the board to be substantially equivalent to 
the United States Medical Licensing Examination or other examinations designated by 
the board as the qualifying examination or examinations for licensure. 
2.  Postgraduate training.  Each applicant who has graduated from an accredited 
medical school on or after January 1, 1970 but before July 1, 2004 must have satisfactorily 
completed at least 24 months in a medical graduate educational program accredited by the 
Accreditation Council on Graduate Medical Education, the Canadian Medical Association 
or the Royal College of Physicians and Surgeons of Canada.  Notwithstanding other 
requirements of postgraduate training, an applicant is eligible for licensure when the 
candidate has satisfactorily graduated from a combined postgraduate training program in 
which each of the contributing programs is accredited by the Accreditation Council on 
Graduate Medical Education and the applicant is eligible for accreditation by the American 
Board of Medical Specialties in both specialties.  Each applicant who has graduated from 
an accredited medical school prior to January 1, 1970 must have satisfactorily completed 
at least 12 months in a medical graduate educational program accredited by the 
Accreditation Council on Graduate Medical Education, the Canadian Medical Association 
or the Royal College of Physicians and Surgeons of Canada.  Each applicant who has 
graduated from an accredited medical school on or after July 1, 2004 or an unaccredited 
medical school must have satisfactorily completed at least 36 months in a medical graduate 
educational program accredited by the Accreditation Council on Graduate Medical 
Education or be licensed or registered to practice medicine according to the laws and rules 
of Canada, the United Kingdom of Great Britain and Northern Ireland or Ireland.  An 
applicant who has completed 24 months of postgraduate training and has received an 
unrestricted endorsement from the director of an accredited graduate education program in 
this State is considered to have satisfied the postgraduate training requirements of this 
subsection if the applicant continues in that program and completes 36 months of 
postgraduate training.  Notwithstanding this subsection, an applicant who is board certified 
by the American Board of Medical Specialties is deemed to meet the postgraduate training 
requirements of this subsection.  Notwithstanding this subsection, in the case of 
subspecialty or clinical fellowship programs, the board may accept in fulfillment of the 
requirements of this subsection postgraduate training at a hospital in which the subspecialty 
clinical program, such as a training program accredited by the American Dental 
Association Commission on Dental Accreditation or its successor organization, is not 
accredited but the parent specialty program is accredited by the Accreditation Council on 
Graduate Medical Education, including training that occurs following graduation from a 
dental school accredited by the American Dental Association Commission on Dental 
Accreditation or its successor organization but before graduation from a medical school 
accredited by the Liaison Committee on Medical Education or its successor organization. 
3.  Current clinical competency.  An applicant must have engaged in active clinical 
practice in the previous 24 months or provided a plan to practically demonstrate to the 
board's satisfaction the applicant's clinical competency, the requirements of which may be 
set by rulemaking. 
4.  National board certification not required.  The board may not require an applicant 
for initial licensure or license renewal as an allopathic physician under this section to obtain 
certification from a specialty medical board or to obtain a maintenance of certification as a 
condition of licensure.  For the purposes of this subsection, "maintenance of certification" 
means a program that requires an allopathic physician to engage in periodic examination, 
self-assessment, peer evaluation or other activities to maintain certification from a specialty 
medical board. 
5.  Examination.  Each applicant must achieve a passing score on each component of 
the uniform examination of the Federation of State Medical Boards or other examinations 
designated by the board as the qualifying examination or examinations for licensure.  Each 
applicant must additionally achieve a passing score on a State of Maine jurisprudence 
examination administered by the board. 
6.  Fees.  Each applicant shall pay a fee of up to $700 plus the cost of the qualifying 
examination or examinations. 
7.  Board action.  An applicant may not be licensed unless the board finds that the 
applicant is qualified and no cause exists, as set forth in section 20144, that may be 
considered grounds for disciplinary action against a licensed physician or surgeon. 
8.  Waiver for exceptional circumstances.  The board may waive the requirements of 
subsection 2 for a physician who does not meet the postgraduate training requirements but 
who meets the requirements of this subsection. 
A.  To be considered for a waiver under this subsection, the physician must: 
(1) Be a graduate of a foreign medical school, not including a medical school in 
Canada or Great Britain; 
(2) Be licensed in another state; and 
(3) Have at least 3 years of clinical experience in the area of expertise. 
B.  If the physician meets the requirements of paragraph A, the board shall use the 
following qualifications of the physician to determine whether to grant a waiver: 
(1) Completion of a 3-year clinical fellowship in the United States in the area of 
expertise.  The burden of proof as to the quality and content of the fellowship is 
placed on the applicant; 
(2) Appointment to a clinical academic position at a licensed medical school in the 
United States; 
(3) Publication in peer-reviewed clinical medical journals recognized by the board; 
(4) The number of years in clinical practice; and 
(5) Other criteria demonstrating expertise, such as awards or other recognition. 
C.  The costs associated with the board's determination of licensing eligibility in regard 
to paragraph B may be assessed for payment by the applicant upon completion of the 
determination under paragraph A.  The application cost must reflect and not exceed the 
actual cost of the final determination. 
§20128.  Licensure of osteopathic physicians
Except as otherwise specified by this chapter, all applicants for licensure as an 
osteopathic physician or surgeon in this State must satisfy the following requirements. 
1.  Osteopathic education.  An applicant must graduate from an osteopathic medical 
school designated as accredited by the American Osteopathic Association's Commission 
on Osteopathic College Accreditation. 
2.  Postgraduate training.  An applicant who has graduated from an accredited 
osteopathic medical school prior to January 1, 2026 must have satisfactorily completed at 
least 12 months in a medical graduate educational program accredited by the Accreditation 
Council on Graduate Medical Education or the American Osteopathic Association.  An 
applicant who has graduated from an accredited osteopathic medical school on or after 
January 1, 2026 must have satisfactorily completed at least 36 months in a graduate 
educational program accredited by the Accreditation Council on Graduate Medical 
Education or the American Osteopathic Association.  The board may not require an 
applicant for initial licensure or license renewal as an osteopathic physician under this 
chapter to obtain certification from a specialty medical board or to complete maintenance 
of certification as a condition of licensure.  For the purposes of this subsection, 
"maintenance of certification" means a program that requires a physician to engage in 
periodic examination, self-assessment, peer evaluation or other activities to maintain 
certification from a specialty medical board. 
3.  Current clinical competency.  An applicant must have engaged in active clinical 
practice in the previous 24 months or provided a plan to practically demonstrate to the 
board's satisfaction the applicant's clinical competency, the requirements of which may be 
set by rulemaking. 
4.  Examination.  An applicant must achieve a passing score on each component of 
the National Board of Osteopathic Medical Examiners' Comprehensive Osteopathic 
Medical Licensing Examination of the United States, known as the COMLEX-USA 
examination, or other examinations designated by the board as the qualifying examination 
or examinations for licensure. 
5.  Fees.  An applicant shall pay a fee of up to $700 plus the cost of the qualifying 
examination or examinations. 
6.  No cause for disciplinary action.  An applicant may not be licensed unless the 
board finds that the applicant is qualified and no cause exists, as set forth in section 20144, 
that may be considered grounds for disciplinary action against a licensed physician. 
§20129.  Background check for expedited physician licensure through Interstate 
Medical Licensure Compact
1.  Background check.  The board shall request a background check for an individual 
licensed under this chapter who applies for an expedited license under section 18506.  The 
background check must include criminal history record information obtained from the 
Maine Criminal Justice Information System and the Federal Bureau of Investigation. 
A.  The criminal history record information obtained from the Maine Criminal Justice 
Information System must include a record of public criminal history record information 
as defined in Title 16, section 703, subsection 8. 
B.  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record information. 
C.  An applicant shall submit to having fingerprints taken.  The State Police, upon 
payment by the applicant, shall take or cause to be taken the applicant's fingerprints 
and shall forward the fingerprints to the State Bureau of Identification so that the 
bureau can conduct state and national criminal history record checks.  Except for the 
portion of the payment, if any, that constitutes the processing fee charged by the 
Federal Bureau of Investigation, all money received by the State Police for purposes 
of this paragraph must be paid over to the Treasurer of State.  The money must be 
applied to the expenses of administration incurred by the Department of Public Safety. 
D.  The subject of a Federal Bureau of Investigation criminal history record check may 
obtain a copy of the criminal history record check by following the procedures outlined 
in 28 Code of Federal Regulations, Sections 16.32 and 16.33.  The subject of a state 
criminal history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709. 
E.  State and federal criminal history record information of an applicant may be used 
by the board for the purpose of screening that applicant. 
F.  Information obtained pursuant to this subsection is confidential.  The results of 
background checks received by the board are for official use only and may not be 
disseminated to the Interstate Medical Licensure Compact Commission, established in 
section 18512, or to any other person or entity. 
G.  An individual whose expedited licensure through the Interstate Medical Licensure 
Compact under chapter 145 has expired and who has not applied for renewal may 
request in writing that the State Bureau of Identification remove the individual's 
fingerprints from the bureau's fingerprint file.  In response to a written request, the 
bureau shall remove the individual's fingerprints from the fingerprint file and provide 
written confirmation of that removal. 
2.  Rules.  The board, following consultation with the State Bureau of Identification, 
shall adopt rules to implement this section.  Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
§20130.  Other physician license types
1.  Temporary licensure.  A physician who is qualified under section 20127 or 20128 
may, without examination, be granted a temporary license for a period not to exceed one 
year when the board determines that this action is necessary in order to provide relief for 
local or national emergencies or for situations in which the number of physicians is 
insufficient to supply adequate medical services or for the purpose of permitting the 
physician to serve as locum tenens for another physician who is licensed to practice 
medicine in this State.  The fee for this temporary license may not be more than $400. 
2.  Youth camp physicians.  A physician who is qualified under section 20127 or 
20128 may, at the discretion of the board, be temporarily licensed as a youth camp 
physician so that the physician may care for the campers in that particular youth camp 
licensed under Title 22, section 2495 for which the physician was hired and retained as a 
youth camp physician.  That physician is entitled to practice only on patients in the youth 
camp.  The temporary license must be obtained each year.  Application for this temporary 
license must be made in the same form and manner as for regular licensure.  An 
examination may not be exacted from applicants for these temporary licenses.  The fee for 
temporary licensure may not be more than $400 annually.
3.  Emergency 100-day license.  A physician who presents a current active 
unconditioned license from another United States licensing jurisdiction and who can 
provide reasonable proof of meeting qualifications for licensure in this State must be issued 
a license to serve temporarily for declared emergencies in this State or for other appropriate 
reasons as determined by the board.  The license is effective for not more than 100 days.  
The fee for this license may not be more than $400.
4.  Temporary educational certificate.  The board may issue a temporary educational 
certificate in accordance with the following. 
A.  An applicant who is qualified under this subchapter may receive a temporary 
educational certificate from the board to act as a hospital resident.  A certificate to a 
hospital resident may be renewed every 3 years at the discretion of the board for not 
more than 8 years. 
B.  An applicant who is enrolled in a program of medical and graduate medical training 
conducted jointly by a medical school accredited by the Liaison Committee on Medical 
Education and a graduate medical education program approved by the Accreditation 
Council on Graduate Medical Education may receive a temporary educational 
certificate from the board to act as a hospital resident as part of that graduate medical 
education program if the applicant is concurrently enrolled in the final year of medical 
training and the initial year of graduate medical education.  The board may not issue a 
certificate pursuant to this paragraph for a period longer than that required to obtain the 
M.D. or D.O. degree.  The period during which the certificate is in force may not be 
considered in determining satisfaction of the requirement for postgraduate medical 
education under this subchapter. 
C.  An applicant for a temporary educational certificate may not be certified unless the 
board finds that the applicant is qualified and that there exists no cause, as set forth in 
section 20144, that would be considered grounds for disciplinary action against a 
licensed physician or surgeon.  The board, in its discretion, may require an examination 
for applicants for temporary educational certificates.  Recipients of these certificates 
are entitled to all the rights granted to physicians who are licensed to practice medicine 
and surgery, except that their practice is limited to the training programs in which they 
are enrolled.  A temporary educational certificate may be suspended or revoked, or the 
board may refuse to renew the certificate, for the reasons stated in section 20144 or if 
the hospital resident has violated the limitations placed upon the temporary educational 
certificate.  The fee for this license may not be more than $300. 
5.  Visiting instructors.  A physician who has an unrestricted license to practice 
medicine or surgery in another state may practice medicine or surgery in this State when 
the physician is performing medical procedures as part of a course of instruction in graduate 
medical education in a hospital located in this State.  The right of a visiting medical 
instructor to practice medicine in this State may be suspended or revoked for the reasons 
stated in section 20144 or if the visiting medical instructor has performed medical 
procedures that are not a part of a course of instruction.  A visiting medical instructor shall 
apply for authorization from the board to practice under this subsection.  The fee for this 
authorization may not be more than $300.
§20131.  Biennial renewal of physician and physician associate licenses; qualification; 
fees; reinstatement after lapse
1.  Renewal of licenses.  Except as otherwise provided in this chapter, a physician or 
physician associate with a license issued by the board, including Interstate Medical 
Licensure Compact licenses, shall apply to the board for relicensure using application 
forms and submitting supporting documents required by the board.  Except as provided in 
paragraph A for initial proration of expiration dates, the board shall provide to every 
licensee whose renewal application is approved and accepted proof of license renewal that 
is valid for no longer than 2 years. 
A.  Regardless of the date of initial licensure or last license renewal, the license of 
every physician and physician associate born in an odd-numbered year expires at 
midnight on the last day of the month of the individual's birth in every odd-numbered 
year.  The license of every physician and physician associate born in an even-numbered 
year expires at midnight on the last day of the month of the individual's birth in every 
even-numbered year.  Prior to expiration, a physician or physician associate must 
renew the license issued pursuant to this section by means of application to the board, 
on forms prescribed and supplied by the board. 
B.  At least 60 days prior to expiration of a current license, the board shall notify each 
licensee of the requirement to renew the license.  If an administratively complete 
license renewal application, as determined pursuant to this section, has not been 
submitted prior to the expiration date of the existing license, the license immediately 
and automatically expires.  A license may be reinstated within 90 days after the date of 
expiration upon submission of an administratively complete application and payment 
of the renewal fee and late fee.  If an administratively complete renewal application is 
not submitted within 90 days of the date of the expiration of the license, the license 
immediately and automatically lapses.  The board may reinstate a license that has 
lapsed pursuant to subsection 4. 
2.  Criteria for license renewal.  Prior to renewing a license: 
A.  The board may pose any question to the licensee or other sources that the board 
determines appropriate related to qualification for relicensure.  These matters may 
include, but are not limited to, confirmation of health status, professional standing and 
conduct, professional liability claims history and license status in other jurisdictions.  
The board shall, after affording the licensee due process, deny license renewal if the 
board finds cause that may be considered grounds for refusal to renew the license 
pursuant to section 20144, including, but not limited to, a determination that an 
outstanding financial obligation to the board exists; and 
B.  A licensee seeking renewal of a license with the intent of conducting active clinical 
medical practice or rendering medical services in this State shall submit evidence, 
satisfactory to the board, of successful completion of a course of continuing medical 
education within the preceding 24 months, as prescribed by rule.  A licensee may not 
engage in the clinical practice of medicine or render medical services in this State in 
any degree, unless the board has found the licensee qualified by continuing medical 
education and has marked the current license with the designation "active." 
3.  Fees.  The following fees apply to licensure. 
A.  The board may charge a license renewal application fee of not more than $600 to 
all applicants for full license renewal. 
B.  In addition to the application processing fee, the board may require payment of a 
late application fee of not more than $100 from all licensees, regardless of age, from 
whom the board has not received an administratively complete license renewal 
application prior to the license expiration date.  An application is not administratively 
complete if it is not signed and dated by the licensee or does not provide full 
information and responses of sufficient detail to permit board review, evaluation and 
decision on renewal qualification.  An application received without the required license 
renewal application fee is considered incomplete and the applicant is subject to a late 
fee. 
C.  The board may prorate the fee for biennial relicensure for individuals who have 
been issued a full license within the past 12 months.  The manner of proration, if done, 
must be explained in the board's published schedule of fees.  The board may waive all 
or a portion of the established license renewal application fee upon receipt of a request 
for waiver based on hardship or other special circumstance.  Any waiver request 
granted and the basis for the waiver must be recorded in the minutes of the board's 
proceedings. 
D.  Unless received and deposited to the board's account in error and in violation of 
this section or the board's rules, a license renewal application fee or late fee paid to the 
board is not refundable if the board or the board's staff has commenced processing the 
application, regardless of the board's action on the application. 
4.  Reinstatement after lapse.  A license may be reinstated after the lapse of a license 
under the following conditions. 
A.  A license that has lapsed pursuant to subsection 1, paragraph A or B may be 
reinstated upon application by the individual on forms provided by the board.  An 
individual whose license has lapsed for more than 5 years shall apply for a new license. 
B.  When applying for reinstatement, the licensee must state the reason why the license 
lapsed and pay all fees in arrears at the time of lapse plus the current license renewal 
application fee and a nonrefundable reinstatement application processing fee of $100. 
C.  The board may not reinstate a lapsed full license if the board finds any cause that 
may be considered a ground for discipline pursuant to section 20144 if the license had 
been in force.  Prior to concluding that no cause exists, the board shall conduct the 
inquiries required by subsection 2, paragraph A for applications for renewal.  In 
addition, the board may not reinstate the license of any individual who has not provided 
evidence satisfactory to the board of having actively engaged in the clinical practice of 
medicine or rendering of medical services during the past 24 months under the license 
of another jurisdiction of the United States or Canada unless the applicant has first 
satisfied the board of the applicant's current clinical competency by providing a plan 
to practically demonstrate to the board's satisfaction the applicant's clinical 
competency, the requirements of which may be set through rulemaking. 
§20132.  Withdrawal of license
A licensee who notifies the board in writing of the withdrawal of the individual's 
license is not required to pay licensure fees or penalties beyond those due at the time of the 
holder's withdrawal, but after a holder gives this notice, the holder's license to practice is 
not valid until reinstated by the board. 
§20133.  Inactive license status
A licensee who wants to retain licensure while not practicing or rendering medical 
services may apply for an inactive status license.  During inactive status, the licensee must 
renew the license and pay the renewal fee set by rule.  Inactive status licensees may not 
engage in the clinical practice of medicine and may not engage in the clinical rendering of 
medical services.  Continuing medical education hours and the jurisprudence examination 
are not required for an inactive status licensee unless the inactive status licensee seeks 
reinstatement or conversion to active status. 
SUBCHAPTER 4
COMPLAINTS AND INVESTIGATIONS
§20141.  Investigative committees
Separate investigative committees are established within the board with the power and 
authority to conduct and act upon investigations in accordance with this subchapter.
1.  Composition.  The chair of the board shall divide the membership of the board into 
investigative committees of 11 members.  Each investigative committee must include 3 
allopathic physicians, 3 osteopathic physicians, 2 physician associates and 3 public 
members.  The chair or vice-chair of the board shall chair each investigative committee, 
and each investigative committee may choose an alternate to chair individual meetings in 
the absence of the chair and vice-chair.  Each investigative committee has the power to act 
as an investigative committee or a hearing panel. 
2.  Powers and duties of investigative committee.  An investigative committee of the 
board has the following powers and duties: 
A.  The duty to investigate complaints, mandated reports, other reports and licensing 
matters in a timely fashion regarding potential violation of this chapter or the violation 
of rules adopted by the board pursuant to its authority; 
B.  The power to issue subpoenas for the production of documents and records; 
C.  The power to direct that a licensee or applicant for licensure or relicensure undergo 
a mental or physical examination.  An individual examined pursuant to the direction of 
the committee may not prevent testimony or prevent the acceptance into evidence of a 
report based on that examination in any proceeding before the committee or board; 
D.  The power to dismiss complaints; 
E.  The power to dismiss complaints and issue letters of guidance or concern.  A letter 
of guidance or concern may be used to educate, reinforce knowledge regarding legal 
or professional obligations and express concern over action or inaction by the licensee 
or applicant that does not rise to the level of misconduct sufficient to merit disciplinary 
action.  The issuance of a letter of guidance or concern is not a formal proceeding and 
does not constitute an adverse disciplinary action of any form.  Notwithstanding any 
provision of law to the contrary, a letter of guidance or concern is not confidential.  The 
board may place a letter of guidance or concern, together with any underlying 
complaint, report and investigation materials, in a licensee's or applicant's file for a 
specified amount of time, not to exceed 10 years.  Any letters, complaints and materials 
placed on file may be accessed and considered by the board in any subsequent action 
commenced against the licensee or applicant within the specified time frame.  
Complaints, reports and investigation materials placed on file are confidential only to 
the extent that confidentiality is required pursuant to Title 24, chapter 21; 
F.  The power to hold an informal conference with a licensee or applicant for licensure 
or relicensure.  The committee shall provide the licensee with adequate notice of the 
informal conference and the issues to be discussed.  The complainant may attend and 
may be accompanied by up to 2 individuals, including legal counsel.  The informal 
conference must be conducted in executive session of the committee, pursuant to Title 
1, section 405, unless otherwise requested by the licensee.  Before the committee 
decides what action to take at the informal conference or as a result of the informal 
conference, the committee shall give the complainant a reasonable opportunity to 
speak.  Statements made at the informal conference may not be introduced at a 
subsequent formal hearing unless all parties consent.  The complainant, the licensee 
and the complainant's and the licensee's representatives, if any, shall maintain the 
confidentiality of the informal conference; 
G.  The power, with the consent of the licensee, to enter into a consent agreement that 
resolves an investigation and that fixes the period and terms of probation best adapted 
to protect the public health and safety and rehabilitate or educate the licensee.  Consent 
agreements may be entered into only with the consent of the applicant or licensee, the 
investigative committee and the Department of the Attorney General.  Any remedy, 
penalty or fine or cost recovery that is otherwise available by law, even if only in the 
jurisdiction of the District Court, may be achieved by consent agreement, including 
long-term suspension or permanent revocation of a professional license.  A consent 
agreement is not subject to review or appeal and may be modified only by a writing 
executed by all parties to the original consent agreement.  A consent agreement is 
enforceable by the board and by an action in Superior Court; 
H.  The power to accept a voluntary surrender of a license or privilege, in consideration 
of which the committee may negotiate stipulations, including terms and conditions for 
reinstatement, that ensure protection of the public health and safety and serve to 
rehabilitate or educate the licensee.  These stipulations may be set forth only in a 
consent agreement signed by the board, the licensee and the Office of the Attorney 
General; 
I.  If the committee concludes that modification or nonrenewal of the license is in order, 
the power to hold an adjudicatory hearing in accordance with Title 5, chapter 375, 
subchapter 4; 
J.  The power to refer the investigation to an adjudicatory hearing before the board or 
to the Office of the Attorney General to file a complaint in the District Court in 
accordance with Title 4, chapter 5; and 
K.  The power to conduct adjudicatory hearings referred by the other investigative 
committee under this section. 
3.  Adjudicatory hearings.  The following provisions apply to adjudicatory hearings. 
A.  Adjudicatory hearings must be conducted by an adjudicatory hearing panel 
composed solely of a subset of board members taken from among one of the 2 
investigative committees, with a minimum quorum of 5 members serving as an 
adjudicatory hearing panel.  A board member may not serve on an adjudicatory hearing 
panel if the board member participated in the review and investigation of the licensee 
or applicant for licensure whose case is being adjudicated. 
B.  Adjudicatory hearings held by adjudicatory hearing panels must be conducted 
consistent with Title 5, chapter 375, subchapter 4. 
C.  A presiding officer shall conduct each board hearing, as determined by the 
adjudicatory hearing panel or by board rule. 
D.  The board may adopt rules governing its adjudicatory hearings in accordance with 
section 20113, subsection 1, paragraph S. 
§20142.  Complaints; reports; investigations
The board, acting through an investigative committee of the board pursuant to section 
20141, shall investigate a complaint, on its own motion or upon receipt of a written 
complaint filed with the board, regarding alleged noncompliance with or violation of this 
chapter or any rules adopted by the board.  The board shall notify the licensee of the content 
of a complaint filed against the licensee as soon as possible, but not later than 60 days after 
receipt of this information.  The licensee shall respond within 30 days.  The board shall 
share the licensee's response with the complainant, unless the board determines that it 
would be detrimental to the health of the complainant, the licensee or a patient related to 
the complaint to obtain the response or that the complainant is not legally entitled to the 
confidential medical information contained in the response.  Board staff shall ensure that 
the complaint is referred to one of the investigative committees described in section 20141 
for review.  When a complaint has been filed against a licensee and the licensee moves or 
has moved to another state, the board may report to the appropriate licensing board in that 
state the complaint that has been filed, other complaints in the physician's record on which 
action was taken and disciplinary actions of the board with respect to that physician.  When 
an individual applies for a license under this chapter and any issue arises during the 
application review that may constitute grounds for discipline, the board, acting through the 
investigative committee, may investigate the professional or criminal record of that 
individual, including professional records that the individual may have as a licensee in 
other states.  The board may deny a license or authorize a restricted license based on the 
record of the applicant in other states or for any reason enumerated in this chapter that 
constitutes grounds for discipline.  When the board receives a report pursuant to Title 24, 
section 2505 or 2506 regarding a licensee, board staff shall ensure that the report is referred 
to one of the investigative committees for review.  Following review, the investigative 
committee may close the matter without action, further investigate or open a complaint. 
§20143.  Emergency action 
Upon its own motion or upon complaint, the board, or an investigative committee of 
the board pursuant to section 20141, in the interests of public health, safety and welfare, 
shall treat as an emergency a complaint or allegation that an individual licensed under this 
chapter is or may be unable to practice medicine with reasonable skill and safety to patients 
by reason of mental illness, alcohol intemperance or excessive use of drugs or narcotics or 
as a result of a mental or physical condition interfering with the competent practice of 
medicine.  In enforcing this section, the board, or an investigative committee of the board 
pursuant to section 20141, may compel a licensee to submit to a mental or physical 
examination directed by the board.  Failure of a licensee to submit to this examination when 
directed constitutes an admission of the allegations against the physician, unless the failure 
was due to circumstances beyond the physician's control, upon which a final order of 
disciplinary action may be entered without the taking of testimony or presentation of 
evidence.  A licensee affected under this section must, at reasonable intervals, be afforded 
an opportunity to demonstrate that the licensee can resume the competent practice of 
medicine with reasonable skill and safety to patients.  For the purposes of this chapter, by 
practicing or by making and filing a biennial license to practice medicine in this State, a 
licensee licensed under this chapter who accepts the privilege to practice medicine in this 
State is deemed to have given consent to a mental or physical examination when directed 
in writing by the board and to have waived all objections to the admissibility of the 
examiner's testimony or examination reports on the grounds that the testimony or reports 
constitute a privileged communication.  Injunctions must issue immediately to enjoin the 
practice of medicine by an individual licensed to practice under this chapter when that 
individual's continued practice may cause irreparable damage to the public health or safety 
prior to the time proceedings under this chapter could be instituted and completed.  In a 
petition for injunction pursuant to this section, there must be set forth with particularity the 
facts that make it appear that irreparable damage to the public health or safety may occur 
prior to the time proceedings under this chapter could be instituted and completed.  The 
petition must be filed in the name of the board on behalf of this State. 
§20144.  Disciplinary action; judicial review
1.  Disciplinary action.  The board may suspend or revoke a license or privilege issued 
by the board pursuant to Title 5, section 10004.  In addition to the powers under Title 10, 
section 8003, subsection 5, the board may suspend, revoke or refuse to issue or renew a 
license or privilege or impose license or privilege restrictions, conditions and periods of 
probation based on the following grounds for discipline: 
A.  The practice of fraud, deceit or misrepresentation in obtaining a license or authority 
from the board or in connection with services within the scope of the license or 
authority; 
B.  Misuse of alcohol, drugs or other substances that has resulted or may result in the 
licensee performing services in a manner that endangers the health or safety of patients; 
C.  A professional diagnosis of a mental or physical condition that has resulted or may 
result in the licensee performing services in a manner that endangers the health or 
safety of patients; 
D.  Aiding or abetting the practice of medicine or rendering of medical services by an 
individual who is not licensed under this chapter and who has not been properly 
delegated the task and who claims to be legally licensed; 
E.  Incompetence in the practice for which the licensee is licensed or authorized by the 
board.  A licensee is considered incompetent in the practice if the licensee has engaged 
in conduct that evidences a lack of ability or fitness to perform the duties owed by the 
licensee to a client or patient or the general public; or engaged in conduct that evidences 
a lack of knowledge or inability to apply principles or skills to carry out the practice 
for which the licensee is licensed; 
F.  Unprofessional conduct.  A licensee is considered to have engaged in unprofessional 
conduct if the licensee violates a standard of professional behavior, including engaging 
in disruptive behavior, that has been established in the practice for which the licensee 
is licensed.  For purposes of this paragraph, "disruptive behavior" means aberrant 
behavior that interferes with or is likely to interfere with the delivery of care; 
G.  Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves 
dishonesty or false statement or that relates directly to the practice for which the 
licensee is licensed or authorized by the board, or conviction of a crime for which 
incarceration for one year or more may be imposed; 
H.  A violation of this chapter or a rule adopted by the board; 
I.  Engaging in false, misleading or deceptive advertising; 
J.  Prescribing drugs listed as controlled substances by the United States Department 
of Justice, Drug Enforcement Administration for other than accepted therapeutic 
purposes; 
K.  Failure to report to the board a physician or physician associate licensed under this 
chapter or a physician associate privileged under chapter 145-A, in accordance with 
Title 24, section 2505; 
L.  Failure to comply with the requirements of Title 24, section 2905‑A; 
M.  Revocation, suspension or restriction of a license to practice medicine or other 
disciplinary action; denial of an application for a license; or surrender of a license to 
practice medicine following the institution of disciplinary action by another state or a 
territory of the United States or a foreign country if the conduct resulting in the 
disciplinary or other action involving the license would, if committed in this State, 
constitute grounds for discipline under the laws or rules of this State; 
N.  Engaging in any activity requiring a license under the governing law of the board 
that is beyond the scope of acts authorized by the license held; 
O.  Continuing to act in a capacity requiring a license or authority under this chapter or 
a rule adopted by the board after expiration, suspension or revocation of that license or 
authority; 
P.  Noncompliance with an order of the board or a consent agreement executed by the 
board; 
Q.  Failure to produce any requested documents in the licensee's possession or under 
the licensee's control relevant to a pending complaint, proceeding or matter under 
investigation by the board; 
R.  Failure to timely respond to a complaint notification sent by the board; 
S.  Failure to comply with the requirements of Title 22, section 7253; or 
T.  Advertising, offering or administering conversion therapy to a minor. 
2.  Judicial review.  Notwithstanding any provision of Title 10, section 8003, 
subsection 5 to the contrary, any nonconsensual revocation pursuant to Title 10, section 
8003, subsection 5 of a license or authority issued by the board may be imposed only after 
a hearing conforming to the requirements of Title 5, chapter 375, subchapter 4 and is 
subject to judicial review exclusively in the Superior Court in accordance with Title 5, 
chapter 375, subchapter 7. 
3.  Letters of guidance.  In addition to the authority conferred under Title 10, section 
8003, subsection 5, the board may issue a letter of guidance or concern to a licensee or 
applicant.  A letter of guidance or concern may be used to educate, reinforce knowledge 
regarding legal or professional obligations and express concern over action or inaction by 
the licensee or applicant that does not rise to the level of misconduct sufficient to merit 
disciplinary action.  The issuance of a letter of guidance or concern is not a formal 
proceeding and does not constitute an adverse disciplinary action of any form.  
Notwithstanding any provision of law to the contrary, a letter of guidance or concern is not 
confidential.  The board may place a letter of guidance or concern, together with any 
underlying complaint, report and investigation materials, in a licensee's or applicant's file 
for a specified amount of time, not to exceed 10 years.  Any letters, complaints and 
materials placed on file may be accessed and considered by the board in any subsequent 
action commenced against the licensee or applicant within the specified time frame.  
Complaints, reports and investigation materials placed on file are confidential only to the 
extent that confidentiality is required pursuant to Title 24, chapter 21. 
SUBCHAPTER 5
DELEGATION; SCOPE OF PRACTICE; REQUIREMENTS; STANDARDS
§20151.  Delegation by physicians and physician associates
A physician or physician associate may delegate to the physician's or physician 
associate's employees or support staff or members of a health care team, including medical 
assistants, certain activities relating to medical care and treatment carried out by custom 
and usage when the activities are under the control of the physician or physician associate; 
the activities being delegated do not, unless otherwise provided by law, require a license, 
privilege, registration or certification to perform; the physician or physician associate 
ensures that the employees or support staff or members of a health care team have the 
appropriate training, education and experience to perform these delegated activities; and 
the physician or physician associate ensures that the employees or support staff perform 
these delegated activities competently and safely.  The physician or physician associate 
who delegates an activity permitted under this section to employees or support staff, to 
program graduates or to participants in an approved training program is legally liable for 
the activity performed by these individuals, and any individual in this relationship is 
considered the physician's or physician associate's agent.  This section may not be 
construed to apply to registered nurses acting pursuant to chapter 31 or physician associates 
acting pursuant to this chapter. 
If the delegated activities are part of the practice of optometry as defined in chapter 
151, the individual to whom these activities are delegated must possess a valid license to 
practice optometry in this State, or otherwise may perform only as a technician within the 
established office of a physician, and otherwise acting solely on the order of and under the 
responsibility of a physician skilled in the treatment of eyes as designated by the proper 
professional board, and without assuming evaluation or interpretation of examination 
findings by prescribing corrective procedures to preserve, restore or improve vision. 
§20152.  Physician associates; scope of practice and agreement requirements
1.  Scope of practice.  A physician associate may render any medical service for which 
the physician associate has been prepared by education, training and experience and is 
competent to perform.  The scope of practice of a physician associate is determined by 
practice setting, including, but not limited to, a physician employer setting, physician group 
practice setting or independent private practice setting, or, in a health care facility setting, 
by a system of credentialing and granting of privileges. 
2.  Dispensing drugs.  Except for distributing a professional sample of a prescription 
or legend drug, a physician associate who dispenses a prescription or legend drug: 
A.  Shall comply with all relevant federal and state laws and federal regulations and 
state rules; and 
B.  May dispense the prescription or legend drug only when: 
(1) A pharmacy service is not reasonably available; 
(2) Dispensing the drug is in the best interests of the patient; or 
(3) An emergency exists. 
3.  Consultation.  A physician associate shall, as indicated by a patient's condition, the 
education, competencies and experience of the physician associate and the standards of 
care, consult with, collaborate with or refer the patient to an appropriate physician or other 
health care professional.  The level of consultation required under this subsection is 
determined by the practice setting, including a physician employer, physician group 
practice or private practice, or by the system of credentialing and granting of privileges of 
a health care facility.  A physician must be accessible to the physician associate at all times 
for consultation.  Consultation may occur electronically or through telecommunication and 
includes communication, task sharing and education among all members of a health care 
team.
4.  Collaborative agreement requirements.  A physician associate with less than 
4,000 hours of clinical practice documented to the board shall work in accordance with a 
collaborative agreement with an active physician that describes the physician associate's 
scope of practice, except that a physician associate working in a physician group practice 
setting or a health care facility setting under a system of credentialing and granting of 
privileges and scope of practice agreement may use that system of credentialing and 
granting of privileges and scope of practice agreement in lieu of a collaborative agreement.  
A physician associate is legally responsible and assumes legal liability for any medical 
service provided by the physician associate in accordance with the physician associate's 
scope of practice under subsection 1 and a collaborative agreement under this subsection.  
Under a collaborative agreement, collaboration may occur through electronic means and 
does not require the physical presence of the physician at the time or place that the medical 
services are provided.  A physician associate shall submit the collaborative agreement, or, 
if appropriate, the scope of practice agreement, to the board for approval and the agreement 
must be kept on file at the main location of the place of practice and be made available to 
the board or the board's representative upon request.  Upon submission to the board of 
documentation of 4,000 hours of clinical practice, a physician associate is no longer subject 
to the requirements of this subsection. 
5.  Practice agreement requirements.  A physician associate who has more than 4,000 
hours of clinical practice may be the principal clinical provider in a practice that does not 
include a physician partner as long as the physician associate has a practice agreement with 
an active physician, and other health care professionals as necessary, that describes the 
physician associate's scope of practice.  A physician associate is legally responsible and 
assumes legal liability for any medical service provided by the physician associate in 
accordance with the physician associate's scope of practice under subsection 1 and a 
practice agreement under this subsection.  A physician associate shall submit the practice 
agreement to the board for approval and the agreement must be kept on file at the main 
location of the physician associate's practice and be made available to the board or the 
board's representative upon request.  Upon any change in the parties to the practice 
agreement or other substantive change in the practice agreement, the physician associate 
shall submit the revised practice agreement to the board for approval.  Under a practice 
agreement, consultation may occur through electronic means and does not require the 
physical presence of the physician or other health care providers who are parties to the 
agreement at the time or place that the medical services are provided. 
6.  Construction.  To address the need for affordable, high-quality health care services 
throughout this State and to expand, in a safe and responsible manner, access to health care 
providers such as physician associates, this section must be liberally construed to authorize 
physician associates to provide health care services to the full extent of their education, 
training and experience in accordance with their scopes of practice as determined by their 
practice settings. 
§20153.  Review committee member immunity
A physician or physician associate licensed under this chapter who is a member of a 
utilization review committee, medical review committee, surgical review committee, peer 
review committee or disciplinary committee that is a requirement of accreditation by the 
Joint Commission on accreditation of hospitals or is established and operated under the 
auspices of the physician's or physician associate's respective state or county professional 
society or the board is immune from civil liability for undertaking or failing to undertake 
an act within the scope of the function of the committee. 
§20154.  Records of proceedings of medical staff review committees confidential
All proceedings and records of proceedings concerning medical staff reviews, hospital 
reviews and other reviews of medical care conducted by committees of physicians and 
other health care personnel on behalf of hospitals located within this State or on behalf of 
individual physicians, when the reviews are required by state or federal law or rule or as a 
condition of accreditation by the Joint Commission on accreditation of hospitals or the 
American Osteopathic Association Healthcare Facilities Accreditation Program or are 
conducted under the auspices of the state or county professional society to which the 
physician belongs, are confidential and are exempt from discovery.  Provision of 
information protected by this section to the board pursuant to Title 24, section 2506 does 
not waive or otherwise affect the confidentiality of the records or the exemption from 
discovery provided by this section for any other purpose. 
§20155.  Lyme disease treatment
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Long-term antibiotic therapy" means the administration of oral, intramuscular or 
intravenous antibiotics, singly or in combination, for a period of time in excess of 4 
weeks. 
B.  "Lyme disease" means: 
(1) The presence of signs or symptoms compatible with acute infection with 
Borrelia burgdorferi; 
(2) Late stage, persistent or chronic infection with Borrelia burgdorferi; 
(3) Complications related to an infection under subparagraph (1) or (2); or 
(4) The presence of signs or symptoms compatible with acute infection or late 
stage, persistent or chronic infection with other strains of Borrelia that are 
identified or recognized by the United States Department of Health and Human 
Services, Centers for Disease Control and Prevention as a cause of disease. 
"Lyme disease" includes an infection that meets the surveillance criteria for Lyme 
disease established by the United States Department of Health and Human Services, 
Centers for Disease Control and Prevention or a clinical diagnosis of Lyme disease that 
does not meet the surveillance criteria for Lyme disease set by the United States 
Department of Health and Human Services, Centers for Disease Control and 
Prevention but presents other acute and chronic signs or symptoms of Lyme disease as 
determined by a patient's treating physician. 
2.  Lyme disease treatment.  A physician licensed under this chapter may prescribe, 
administer or dispense long-term antibiotic therapy for a therapeutic purpose to eliminate 
infection or to control a patient's symptoms upon making a clinical diagnosis that the 
patient has Lyme disease or displays symptoms consistent with a clinical diagnosis of Lyme 
disease. The physician shall document the clinical diagnosis and treatment in the patient's 
medical record.  The clinical diagnosis must be based on knowledge obtained through 
medical history and physical examination only or in conjunction with testing that provides 
supportive data for the clinical diagnosis. 
§20156.  Treatment of minors
An individual licensed under this chapter who renders medical care to a minor for the 
prevention or treatment of a sexually transmitted infection or treatment of substance use 
disorder or for the collection of sexual assault evidence through a sexual assault forensic 
examination is under no obligation to obtain the consent of the minor's parent or guardian 
or to inform the parent or guardian of the prevention or treatment or collection.  This section 
may not be construed to prohibit the licensed individual rendering the prevention services 
or treatment or collection from informing the parent or guardian.  For purposes of this 
section, "substance use disorder" means the use of drugs or alcohol solely for their 
stimulant, depressant or hallucinogenic effect upon the higher functions of the central 
nervous system and not as a therapeutic agent recommended by a practitioner in the course 
of medical treatment. 
§20157.  Posting of policy regarding acceptance of Medicare assignment
An individual licensed to practice medicine or render medical services under this 
chapter, or privileged under chapter 145-A, a chiropractor licensed pursuant to chapter 9 
or a podiatrist licensed pursuant to chapter 51 who treats Medicare-eligible individuals 
shall post in a conspicuous place that professional's policy regarding the acceptance of 
Medicare assignment.  This posting must state the policy on accepting assignment and 
name the individual with whom the patient should communicate regarding the policy.  The 
Maine Board of Medicine, the Board of Licensure of Podiatric Medicine and the Board of 
Chiropractic Licensure shall enforce the provisions of this section and inform each licensee 
of the licensee's obligation under this section.  Each board may discipline a licensee under 
its jurisdiction for failing to comply with this section and impose a monetary penalty of not 
less than $100 and not more than $1,000 for each violation. 
§20158.  Release of contact lens prescription
After contact lenses have been adequately fitted and the patient released from 
immediate follow-up care by the physician, the patient may request a copy of the contact 
lens specifications from the physician.  The physician shall provide a copy of the 
prescription at no cost, which must contain the information necessary to properly duplicate 
the current prescription.  The contact lens prescription must contain an expiration date not 
to exceed 24 months from the date of issue.  The prescription may contain fitting guidelines 
and may also contain specific instructions for use by the patient.  The prescribing physician 
is not liable for an injury to or a condition of a patient that results from negligence in 
packaging, manufacturing or dispensing lenses by anyone other than the prescribing 
physician.  The dispensing party may dispense contact lenses only upon receipt of a written 
prescription, except that a physician may fill a prescription of an optometrist or another 
physician without a copy of the prescription.  Mail order contact lens suppliers must be 
licensed by and register with the Maine Board of Pharmacy pursuant to section 13751, 
subsection 3‑A and are subject to discipline by that board for violations of that board's rules 
and the laws governing the board.  An individual who fills a contact lens prescription shall 
maintain a file of that prescription for a period of 5 years.  An individual, a corporation or 
any other entity, other than a mail order contact lens supplier, that improperly fills a contact 
lens prescription or fills an expired prescription commits a civil violation for which a fine 
of not less than $250 nor more than $1,000 may be adjudged.  An individual may file a 
complaint with the board seeking disciplinary action concerning violations of this section. 
§20159.  Expedited partner therapy
An individual licensed under this chapter may not be disciplined for providing 
expedited partner therapy in accordance with Title 22, chapter 251, subchapter 3, article 5. 
§20160.  Issuance of prescription for ophthalmic lenses
A physician licensed by the board may not issue a prescription for ophthalmic lenses, 
as defined in section 19101, subsection 19, solely in reliance on a measurement of the eye 
by a kiosk, as defined in section 19101, subsection 14, without conducting an eye 
examination, as defined in section 19101, subsection 11. 
§20161.  Requirements regarding prescription of opioid medication
1.  Limits on opioid medication prescribing.  Except as provided in subsection 2, an 
individual licensed under this chapter or privileged under chapter 145-A and whose scope 
of practice includes prescribing opioid medication may not prescribe: 
A.  To a patient any combination of opioid medication in an aggregate amount in excess 
of 100 morphine milligram equivalents of opioid medication per day; 
B.  To a patient who, on the effective date of this section, has an active prescription for 
opioid medication in excess of 100 morphine milligram equivalents of an opioid 
medication per day, an opioid medication in an amount that would cause that patient's 
total amount of opioid medication to exceed 300 morphine milligram equivalents of 
opioid medication per day; except that, on or after July 1, 2017, the aggregate amount 
of opioid medication prescribed may not be in excess of 100 morphine milligram 
equivalents of opioid medication per day; 
C.  Within a 30-day period, more than a 30-day supply of an opioid medication to a 
patient under treatment for chronic pain.  For the purposes of this paragraph, "chronic 
pain" has the same meaning as in Title 22, section 7246, subsection 1‑C; or 
D.  Within a 7-day period, more than a 7-day supply of an opioid medication to a patient 
under treatment for acute pain unless the opioid product is labeled by the federal Food 
and Drug Administration to be dispensed only in a stock bottle that exceeds a 7-day 
supply as prescribed, in which case the amount dispensed may not exceed a 14-day 
supply.  For the purposes of this paragraph, "acute pain" has the same meaning as in 
Title 22, section 7246, subsection 1‑A. 
2.  Exceptions.  An individual licensed under this chapter or privileged under chapter 
145-A whose scope of practice includes prescribing opioid medication is exempt from the 
limits on opioid medication prescribing established in subsection 1 only: 
A.  When prescribing opioid medication to a patient for: 
(1) Pain associated with active and aftercare cancer treatment; 
(2) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph A, 
in conjunction with a serious illness, as defined in Title 22, section 1726, 
subsection 1, paragraph B; 
(3) End-of-life and hospice care; or
(4) Medication-assisted treatment for substance use disorder; and
B.  When directly ordering or administering a benzodiazepine or opioid medication to 
an individual in an emergency room setting, an inpatient hospital setting, a long-term 
care facility or a residential care facility or in connection with a surgical procedure.  As 
used in this paragraph, "administer" has the same meaning as in Title 22, section 7246, 
subsection 1‑B. 
3.  Electronic prescribing.  An individual licensed under this chapter or privileged 
under chapter 145-A and whose scope of practice includes prescribing opioid medication 
with the capability to electronically prescribe shall prescribe all opioid medication 
electronically by July 1, 2017.  An individual who does not have the capability to 
electronically prescribe must request a waiver from this requirement from the 
Commissioner of Health and Human Services stating the reasons for the lack of capability, 
the availability of broadband infrastructure and a plan for developing the ability to 
electronically prescribe opioid medication.  The commissioner may grant a waiver 
including circumstances in which exceptions are appropriate, including prescribing outside 
of the individual's usual place of business and technological failures. 
4.  Continuing education.  By December 31, 2017, an individual licensed under this 
chapter or privileged under chapter 145-A must successfully complete 3 hours of 
continuing education every 2 years on the prescription of opioid medication.  The board 
shall adopt rules to implement this subsection.  Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. 
5.  Penalties.  An individual who violates this section commits a civil violation for 
which a fine of $250 per violation, not to exceed $5,000 per calendar year, may be 
adjudged.  The Department of Health and Human Services is responsible for the 
enforcement of this section. 
6.  Opioid medication policy.  No later than January 1, 2018, a health care entity that 
includes an individual licensed under this chapter or privileged under chapter 145-A whose 
scope of practice includes prescribing opioid medication must have in place an opioid 
medication prescribing policy that applies to all prescribers of opioid medications 
employed by the health care entity.  The policy must include, but is not limited to, 
procedures and practices related to risk assessment, informed consent and counseling on 
the risk of opioid use.  For the purposes of this subsection, "health care entity" has the same 
meaning as in Title 22, section 1718‑B, subsection 1, paragraph B. 
§20162.  Prohibition on providing conversion therapy to minors
An individual licensed, registered or certified under this chapter may not advertise, 
offer or administer conversion therapy to a minor. 
§20163.  Duty to warn and protect
1.  Duty.  A licensee has a duty to warn of or to take reasonable precautions to provide 
protection from a patient's violent behavior if the licensee has a reasonable belief based on 
communications with the patient that the patient is likely to engage in physical violence 
that poses a serious risk of harm to self or others.  The duty imposed under this subsection 
may not be interpreted to require the licensee to take any action that in the reasonable 
professional judgment of the licensee would endanger the licensee or increase the threat of 
danger to a potential victim. 
2.  Discharge of duty.  A licensee subject to a duty to warn or provide protection under 
subsection 1 may discharge that duty if the licensee makes reasonable efforts to 
communicate the threat to a potential victim, notifies a law enforcement agency or seeks 
involuntary hospitalization of the patient under Title 34‑B, chapter 3, subchapter 4, article 
3. 
3.  Immunity.  No monetary liability and no cause of action may arise concerning 
patient privacy or confidentiality against a licensee for information disclosed to 3rd parties 
in an effort to discharge a duty under subsection 2. 
SUBCHAPTER 6
TELEHEALTH SERVICES
§20181.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter.  "Asynchronous encounter" means an interaction 
between a patient and a person licensed under this chapter through a system that has the 
ability to store digital information, including, but not limited to, still images, video files, 
audio files, text files and other relevant data, and to transmit such information without 
requiring the simultaneous presence of the patient and the person licensed under this 
chapter. 
2.  Store and forward transfer.  "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a person licensed under this 
chapter. 
3.  Synchronous encounter.  "Synchronous encounter" means a real-time interaction 
conducted with an interactive audio or video connection between a patient and a person 
licensed under this chapter or between a person licensed under this chapter and another 
health care provider. 
4.  Telehealth services.  "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring. 
5.  Telemonitoring.  "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the person licensed 
under this chapter to track the patient's health data over time.  Telemonitoring may be 
synchronous or asynchronous. 
§20182.  Telehealth services permitted
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice. 
§20183.  Confidentiality
When providing telehealth services, a person licensed under this chapter shall comply 
with all state and federal confidentiality and privacy laws. 
§20184.  Professional responsibility
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a person licensed under this chapter 
also apply to that licensee while that licensee is providing telehealth services. 
§20185.  Rulemaking
The board shall adopt rules governing telehealth services by persons licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services.  Rules adopted pursuant to this 
section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A. 
Sec. A-7.  Revisor's review; cross-references.  The Revisor of Statutes shall 
review the Maine Revised Statutes and include in the inconsistencies, conflicts and errors 
bill submitted to the First Regular Session of the 133rd Legislature pursuant to Title 1, 
section 94 any sections necessary to correct and update any cross-references in the statutes 
to provisions of law repealed in this Act.
Sec. A-8.  Maine Revised Statutes amended; revision clause.  Wherever in the 
Maine Revised Statutes the words "Board of Licensure in Medicine" or "Board of 
Osteopathic Licensure" or both of those terms appear or reference is made to either or both 
of those entities or those words, those words are amended to read or mean, as appropriate, 
"Maine Board of Medicine" or "board," and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes.
Sec. A-9.  Transition.  The following provisions apply to the reassignment of the 
duties and responsibilities related to the licensing and regulation of allopathic physicians, 
osteopathic physicians and physician associates in this State. 
1. The Maine Board of Medicine is created and established by law. All other statutory 
references to, responsibilities of and authority conferred upon the Board of Licensure in 
Medicine and the Board of Osteopathic Licensure are deemed to refer to and vest in the 
Maine Board of Medicine created by this Act.  The Maine Board of Medicine is the 
successor in every way to the powers, duties and functions related to the licensure and 
regulation of physicians and physician associates in this State. 
2. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, all accrued 
expenditures, assets, liabilities, balances of appropriations, allocations, transfers, revenues 
or other available funds in an account or subdivision of an account of the Board of 
Licensure in Medicine and the Board of Osteopathic Licensure must be transferred to the 
proper accounts of the Maine Board of Medicine by the State Controller or by financial 
order upon the request of the State Budget Officer and with the approval of the Governor. 
3. All rules of the Board of Licensure in Medicine and the Board of Osteopathic 
Licensure that are in effect on the effective date of this Act remain in effect until rescinded, 
revised or amended. 
4. All contracts, agreements and compacts of the Board of Licensure in Medicine and 
the Board of Osteopathic Licensure as they pertain to the duties set forth in this Act that 
are in effect on the effective date of this Act remain in effect until they expire or are altered 
by the parties involved in the contracts or agreements.  The Maine Board of Medicine is 
the successor agency for all contracts, agreements and compacts of the Board of Licensure 
in Medicine and the Board of Osteopathic Licensure. 
5. All records of the Board of Licensure in Medicine and the Board of Osteopathic 
Licensure as they pertain to the duties set forth in this Act must be transferred to the Maine 
Board of Medicine as necessary to implement this Act. 
6. All property and equipment of the Board of Licensure in Medicine and the Board of 
Osteopathic Licensure pertaining to the duties set forth in this Act are transferred to the 
Maine Board of Medicine as necessary to implement this Act. 
7. Employees of the Board of Licensure in Medicine and the Board of Osteopathic 
Licensure who were employees of those respective boards immediately prior to the 
effective date of this Act retain all their employee rights, privileges and benefits, including 
sick leave, vacation and seniority, provided under the Civil Service Law or collective 
bargaining agreements.  The Department of Administrative and Financial Services, Bureau 
of Human Resources shall provide assistance to the affected employees and the Maine 
Board of Medicine and shall assist with the orderly implementation of this subsection. 
8. The Department of Administrative and Financial Services, Bureau of the Budget 
shall work with employees of the Maine Board of Medicine with regard to the duties 
transferred to it as set forth in this Act to develop the budget for the Maine Board of 
Medicine. 
9. All complaints and investigations in progress at the time this Act takes effect must 
be assigned to one of the Maine Board of Medicine's investigative committees, and a 
licensee with a pending matter at the time of the merger is not entitled to challenge any 
member of that committee who previously heard the matter when sitting as a member of 
the Board of Licensure in Medicine or the Board of Osteopathic Licensure. 
10. The appointments of current board members of both the Board of Licensure in 
Medicine and the Board of Osteopathic Licensure carry over, and all sitting members 
appointed by the Governor as of the effective date of the merger shall serve on the Maine 
Board of Medicine until their existing appointment terms expire. 
Sec. A-10.  Effective date.  This Part takes effect January 1, 2027.
PART B
Sec. B-1.  Report on planning for merger and additional recommendations 
for statutory changes.  No later than January 31, 2027, the Board of Licensure in 
Medicine, jointly with the Board of Osteopathic Licensure, shall submit a report on the 
planning completed by the board prior to the establishment of the Maine Board of Medicine 
as set forth in Part A, including recommendations for any suggested legislation necessary 
to further implement the merger, to the Governor and to the joint standing committee of 
the Legislature having jurisdiction over professional licensing board matters.  The joint 
standing committee having jurisdiction over professional licensing board matters may 
report out a bill to the 133rd Legislature in 2027.
SUMMARY
This bill is reported out by the Joint Standing Committee on Health Coverage, 
Insurance and Financial Services pursuant to Joint Order 2025, H.P. 1486.  The joint 
standing committee has not taken a position on the substance of this bill. By reporting this 
bill out, the joint standing committee is not suggesting and does not intend to suggest that 
it agrees or disagrees with any aspect of this bill; instead, the joint standing committee is 
reporting the bill out for the sole purpose of having a bill printed that can be referred to a 
joint standing committee for an appropriate public hearing and subsequent processing in 
the normal course.  The joint standing committee is taking this action to ensure clarity and 
transparency in the legislative review of the proposals contained in the bill. 
Based on the recommendations of a working group, the bill combines the Board of 
Licensure in Medicine and Board of Osteopathic Medicine into a single licensing board, 
known as the Maine Board of Medicine, for all physicians and physician associates 
effective January 1, 2027.  The bill also requires the Board of Licensure in Medicine and 
Board of Osteopathic Medicine to report on the planning completed by the boards prior to 
the establishment of the Maine Board of Medicine, including recommendations for any 
suggested legislation necessary to further implement the merger, to the Governor and to 
the joint standing committee of the Legislature having jurisdiction over professional 
licensing board matters no later than January 31, 2027.  The bill authorizes the committee 
to report out a bill based on the report to the 133rd Legislature in 2027.