reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 10: NONDISCRIMINATION IN PHARMACEUTICALS PRICING › 32 §13805. Enforcement (REPEALED)

§13805. Enforcement
(REPEALED)
SECTION HISTORY
PL 1993, c. 716, §6 (NEW). PL 1999, c. 574, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 11: NONCONTROLLED PRESCRIPTION DRUG DISPENSING AND ADMINISTRATION › 32 §13810. Drug administration by nurses under certain conditions

§13810. Drug administration by nurses under certain conditions
A professional nurse or an advanced practice registered nurse who is an employee of a home health care provider, as defined in Title 22, section 2142, subsection 3, or a hospice program or hospice provider, as defined in Title 22, section 8621, subsection 10, may:   [PL 1997, c. 109, §1 (NEW).]
1.  Possession.
Possess, in the course of employment, such noncontrolled prescription drugs as are approved by the board. In adopting the rules the board shall consult with the Board of Licensure in Medicine, the Board of Osteopathic Licensure, the State Board of Nursing, the Maine Hospice Council, the Department of Health and Human Services and the Home Care Alliance of Maine. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A; and
[PL 1997, c. 109, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
2.  Administration.
Administer, in the course of employment, such drugs as are approved under subsection 1 according to written protocols approved annually by the employer's professional advisory committee, which must include a physician licensed under chapter 36 or chapter 48.
[PL 1997, c. 109, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 109, §1 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 11: NONCONTROLLED PRESCRIPTION DRUG DISPENSING AND ADMINISTRATION › 32 §13811. Drug administration by certified midwives under certain conditions (WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2015, c. 502, §16)

§13811. Drug administration by certified midwives under certain conditions
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2015, c. 502, §16)
A midwife who can verify to a licensed pharmacist by certification card that the midwife has met the certification standards of an international certification agency whose mission is to establish and administer certification for the credential of certified professional midwife or other certifying body recognized by the board may:   [PL 2007, c. 669, §1 (NEW).]
1.  Possession.
Possess, in the course of the practice of midwifery, only the noncontrolled prescription drugs and substances set out in this subsection:
A. Oxygen;   [PL 2007, c. 669, §1 (NEW).]
B. Oxytocin, excluding the oxytocic drug methergine, for the sole purpose of postpartum control of maternal hemorrhage;   [PL 2007, c. 669, §1 (NEW).]
C. Vitamin K;   [PL 2007, c. 669, §1 (NEW).]
D. Eye prophylaxis; and   [PL 2007, c. 669, §1 (NEW).]
E. Local anesthetics or numbing agents for repair of lacerations; and   [PL 2007, c. 669, §1 (NEW).]
[PL 2007, c. 669, §1 (NEW).]
2.  Administration.
Administer, in the course of the practice of midwifery, those drugs that are listed in subsection 1. When administering oxytocin, a certified midwife may not administer more than 20 units of oxytocin to a single patient. Oxytocin may be administered only for postpartum purposes in order to treat hemorrhaging and specifically may not be used to induce labor. When a certified midwife administers oxytocin in accordance with this subsection, the certified midwife shall report that use to the maternal and child health division of the Department of Health and Human Services, the Maine Center for Disease Control and Prevention within 7 days of the use of oxytocin.
[PL 2007, c. 669, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 669, §1 (NEW). PL 2015, c. 502, §12 (RP). PL 2015, c. 502, §16 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 11: NONCONTROLLED PRESCRIPTION DRUG DISPENSING AND ADMINISTRATION › 32 §13811. Drug administration by certified midwives under certain conditions (WHOLE SECTION TEXT REPEALED ON CONTINGENCY: See PL 2015, c. 502, §16) (REPEALED)

§13811. Drug administration by certified midwives under certain conditions
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT REPEALED ON CONTINGENCY: See PL 2015, c. 502, §16)
(REPEALED)
SECTION HISTORY
PL 2007, c. 669, §1 (NEW). PL 2015, c. 502, §12 (RP). PL 2015, c. 502, §16 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 11: NONCONTROLLED PRESCRIPTION DRUG DISPENSING AND ADMINISTRATION › 32 §13812. Dispensing of medication by pharmacist (WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2015, c. 502, §16)

§13812. Dispensing of medication by pharmacist
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2015, c. 502, §16)
1.  Dispensing of medication.
A pharmacist, who in good faith relies upon a certification card presented by a midwife identifying that the midwife has met the certification standards described under section 13811, may sell and dispense to the midwife the noncontrolled prescription drugs and substances identified in section 13811.
[PL 2007, c. 669, §2 (NEW).]
2.  Good faith.
A pharmacist, or person acting at the direction of a pharmacist, who:
A. In good faith sells and dispenses noncontrolled prescription drugs and substances to a midwife pursuant to this section is not liable for any adverse reactions caused by any method of use by the midwife; and   [PL 2007, c. 669, §2 (NEW).]
B. Makes a report relating to the dispensing of noncontrolled prescription drugs and substances to a midwife pursuant to section 13811 to an enforcement agency is immune from any civil liability that may result from that action, including, but not limited to, any civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information.   [PL 2007, c. 669, §2 (NEW).]
In a proceeding in which a pharmacist, or person acting at the direction of a pharmacist, invokes the immunity provided pursuant to this section, there is a rebuttable presumption of good faith.
[PL 2007, c. 669, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 669, §2 (NEW). PL 2015, c. 502, §13 (RP). PL 2015, c. 502, §16 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 11: NONCONTROLLED PRESCRIPTION DRUG DISPENSING AND ADMINISTRATION › 32 §13812. Dispensing of medication by pharmacist (WHOLE SECTION TEXT REPEALED ON CONTINGENCY: See PL 2015, c. 502, §16) (REPEALED)

§13812. Dispensing of medication by pharmacist
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT REPEALED ON CONTINGENCY: See PL 2015, c. 502, §16)
(REPEALED)
SECTION HISTORY
PL 2007, c. 669, §2 (NEW). PL 2015, c. 502, §13 (RP). PL 2015, c. 502, §16 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 11-A: PRESCRIBING AND DISPENSING OF NALOXONE HYDROCHLORIDE AND OTHER OPIOID OVERDOSE-REVERSING MEDICATIONS › 32 §13815. Authorization

§13815. Authorization
1.  Rules for dispensing naloxone hydrochloride.
[PL 2017, c. 364, §6 (RP).]
2.  Rules for prescribing and dispensing naloxone hydrochloride or another opioid overdose-reversing medication.
The board by rule shall establish standards for authorizing pharmacists to prescribe and dispense naloxone hydrochloride or another opioid overdose-reversing medication in accordance with Title 22, section 2353, subsection 2, paragraphs A‑1 and C‑1. The rules must establish adequate training requirements and protocols for prescribing and dispensing naloxone hydrochloride or another opioid overdose-reversing medication when there is no prescription drug order, standing order or collaborative practice agreement authorizing naloxone hydrochloride or another opioid overdose-reversing medication to be dispensed to the intended recipient. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. A pharmacist authorized by the board pursuant to this subsection to prescribe and dispense naloxone hydrochloride or another opioid overdose-reversing medication may prescribe and dispense naloxone hydrochloride or another opioid overdose-reversing medication in accordance with Title 22, section 2353, subsection 2, paragraphs A‑1 and C‑1. An opioid overdose-reversing medication referenced in this subsection must be approved by the federal Food and Drug Administration.
[PL 2023, c. 161, §8 (AMD).]
SECTION HISTORY
PL 2015, c. 508, §5 (NEW). PL 2017, c. 249, §2 (RPR). PL 2017, c. 364, §§6, 7 (AMD). PL 2023, c. 161, §8 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 12: COLLABORATIVE PRACTICE FOR EMERGENCY CONTRACEPTION › 32 §13821. Short title

§13821. Short title
This subchapter is known and may be cited as "the Collaborative Practice for Emergency Contraception Act."   [PL 2003, c. 524, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 524, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 12: COLLABORATIVE PRACTICE FOR EMERGENCY CONTRACEPTION › 32 §13822. Collaborative practice authorized

§13822. Collaborative practice authorized
Notwithstanding any other provision of law, a licensed pharmacist who has completed the training required in section 13823 may initiate emergency contraception drug therapy in accordance with standardized procedures or protocols developed by the pharmacist and an authorized prescriber who is acting within the prescriber's scope of practice.   [PL 2003, c. 524, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 524, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 12: COLLABORATIVE PRACTICE FOR EMERGENCY CONTRACEPTION › 32 §13823. Training required

§13823. Training required
Prior to performing any procedure authorized under this chapter, a pharmacist must have completed a training program on emergency contraception, delivered by an entity authorized by a national council on pharmaceutical education, or another training program approved by the board. The training program must include, but is not limited to, conduct of sensitive communications, quality assurance, referral to additional services and documentation.   [PL 2003, c. 524, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 524, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 12: COLLABORATIVE PRACTICE FOR EMERGENCY CONTRACEPTION › 32 §13824. Provision of standardized fact sheet required

§13824. Provision of standardized fact sheet required
For each emergency contraception drug therapy initiated pursuant to this subchapter, the pharmacist shall provide the recipient of the emergency contraceptive drugs with a standardized fact sheet developed by the board that includes, but is not limited to, the indications for use of the drug, the appropriate method for using the drug, the need for medical follow-up and referral information, information on sexual assault and referral information and other appropriate information.   [PL 2003, c. 524, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 524, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 12: COLLABORATIVE PRACTICE FOR EMERGENCY CONTRACEPTION › 32 §13825. Confidentiality

§13825. Confidentiality
Nothing in this subchapter affects the provisions of law relating to maintaining the confidentiality of medical records.   [PL 2003, c. 524, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 524, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 13: ADMINISTRATION OF DRUGS AND VACCINES › 32 §13833. Treatment protocol

§13833. Treatment protocol
A pharmacist shall administer drugs and vaccines in compliance with a treatment protocol established by a practitioner authorized under the laws of this State to order administration of those drugs and vaccines approved by the board. A copy of the original treatment protocol and any subsequent revisions to the treatment protocol must be kept on the premises of the pharmacy and be available to the board or the board's representative upon request. At a minimum the treatment protocol must include:   [PL 2021, c. 289, §13 (AMD).]
1.  Standards.
Standards for observation of the person receiving the drug or vaccine to determine whether the person has an adverse reaction, as adopted in rules by the board;
[PL 2011, c. 577, §6 (AMD).]
2.  Procedures.
Procedures to be followed by the pharmacist when administering epinephrine or diphenhydramine, or both, to a person who has an adverse reaction to a vaccine administered by the pharmacist; and
[PL 2011, c. 577, §6 (AMD).]
3.  Notification.
Notification to the authorized practitioner who issued the prescription, standing order or protocol under section 13831, subsection 2 of the administration by the pharmacist of the drug or vaccine, or both, within 3 business days.
[PL 2011, c. 577, §6 (AMD).]
SECTION HISTORY
PL 2009, c. 308, §3 (NEW). PL 2011, c. 577, §6 (AMD). PL 2021, c. 289, §13 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 13: ADMINISTRATION OF DRUGS AND VACCINES › 32 §13834. Prohibited acts

§13834. Prohibited acts
1.  Delegate authority.
A pharmacist may not delegate the pharmacist's authority to administer drugs or vaccines; except that a pharmacist licensed under this chapter who has obtained a certificate of administration pursuant to section 13832 may delegate the authority to administer vaccines to a pharmacy technician who is under that pharmacist's direct supervision and has met the requirements of section 13831, subsection 6 or may delegate the authority to administer drugs and vaccines to a pharmacy intern who is under that pharmacist's direct supervision and who has obtained drug administration training pursuant to section 13832, subsection 3. A pharmacy intern may administer drugs and vaccines only to a person 18 years of age or older.
[PL 2023, c. 245, §3 (AMD).]
2.  Administer drugs or vaccines.
A pharmacist may not engage in the administration of drugs or vaccines unless the pharmacist meets the qualifications and requirements of section 13832 and the pharmacist has obtained a board-issued certificate of administration. A pharmacy technician may not engage in the administration of vaccines unless the pharmacy technician meets the qualifications and requirements of section 13831, subsection 6 and the pharmacy technician has obtained a board-issued certificate of administration.
[PL 2023, c. 245, §3 (AMD).]
SECTION HISTORY
PL 2009, c. 308, §3 (NEW). PL 2011, c. 577, §7 (AMD). PL 2013, c. 98, §1 (AMD). PL 2023, c. 245, §3 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 13: ADMINISTRATION OF DRUGS AND VACCINES › 32 §13835. Rules

§13835. Rules
The board, after consultation with the Maine Center for Disease Control and Prevention and the Board of Licensure in Medicine, shall adopt rules to implement this subchapter. The rules must include, at a minimum:   [PL 2009, c. 308, §3 (NEW).]
1.  Criteria.
Criteria for the operation of a vaccine administration clinic inside, outside or off the premises of a retail pharmacy, rural health clinic or free clinic licensed under section 13751. The rules must require the plan of operation for any vaccine administration clinics to be operated by a pharmacist or pharmacy. Criteria for the administration of drugs by intramuscular or subcutaneous injection inside, outside or off the premises of a retail pharmacy, rural health clinic or free clinic licensed under section 13751 and must require one-time board approval of the plan for the administration of drugs by intramuscular or subcutaneous injection by a pharmacist or pharmacy and may not require board approval for each administration;
[PL 2021, c. 271, §4 (AMD); PL 2021, c. 289, §14 (AMD).]
2.  Record keeping.
Record keeping and documentation procedures and reporting requirements, giving preference to electronic means when available; and
[PL 2009, c. 308, §3 (NEW).]
3.  Recipient assessment.
Recipient assessment, consent and rights.
[PL 2009, c. 308, §3 (NEW).]
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 308, §3 (NEW).]
SECTION HISTORY
PL 2009, c. 308, §3 (NEW). PL 2011, c. 577, §8 (AMD). PL 2021, c. 271, §4 (AMD). PL 2021, c. 289, §14 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 14: COLLABORATIVE DRUG THERAPY MANAGEMENT › 32 §13841. Authority

§13841. Authority
1.  Engage in collaborative drug therapy management.
A pharmacist licensed in this State who meets the qualifications and requirements of section 13842 and rules adopted by the board may engage in collaborative drug therapy management pursuant to a collaborative practice agreement with a practitioner.
[PL 2013, c. 308, §4 (NEW).]
2.  Scope of authority.
A pharmacist engaging in collaborative drug therapy management pursuant to subsection 1 is entitled to adequate access to a patient's history, disease status, drug therapy and laboratory and procedure results and may:
A. Collect and review a patient's history;   [PL 2013, c. 308, §4 (NEW).]
B. Obtain and check vital signs;   [PL 2013, c. 308, §4 (NEW).]
C. Order and evaluate the results of laboratory tests directly related to drug therapy under the supervision of, or in direct consultation with, a practitioner and in accordance with approved protocols applicable to the practice setting and when the evaluation does not include a diagnostic component; and   [PL 2013, c. 308, §4 (NEW).]
D. Initiate, administer, monitor, modify and discontinue drug therapy for a particular patient pursuant to the collaborative practice agreement with a practitioner who is treating the patient, as long as the action is reported to the practitioner in a timely manner as determined by rules adopted pursuant to section 13846.   [PL 2021, c. 271, §5 (AMD).]
[PL 2021, c. 271, §5 (AMD).]
SECTION HISTORY
PL 2013, c. 308, §4 (NEW). PL 2021, c. 271, §5 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 14: COLLABORATIVE DRUG THERAPY MANAGEMENT › 32 §13842. Qualifications

§13842. Qualifications
In order to enter into a collaborative practice agreement with a practitioner under this subchapter, a pharmacist must:   [PL 2013, c. 308, §4 (NEW).]
1.  License.
Hold a valid unrestricted pharmacist license in this State;
[PL 2013, c. 308, §4 (NEW).]
2.  Training.
Submit evidence acceptable to the board that the pharmacist:
A. Possesses certification from the Board of Pharmacy Specialties or successor organization or has completed an accredited residency program. If the residency program is not in the area of practice covered by the agreement, the pharmacist must complete a continuing education certificate program of at least 15 hours of continuing education in each clinical area of practice covered by the agreement;   [PL 2013, c. 308, §4 (NEW).]
B. Has graduated with a Doctor of Pharmacy degree from a college of pharmacy accredited by the American Council on Pharmaceutical Education, has 2 years of professional experience and has completed a continuing education certificate program of at least 15 hours of continuing education in each clinical area of practice covered by the agreement; or   [PL 2013, c. 308, §4 (NEW).]
C. Has graduated with a Bachelor of Science in Pharmacy degree from a college of pharmacy accredited by the American Council on Pharmaceutical Education, has 3 years of professional experience and has completed a continuing education certificate program of at least 15 hours of continuing education in each clinical area of practice covered by the agreement.   [PL 2013, c. 308, §4 (NEW).]
[PL 2013, c. 308, §4 (NEW).]
SECTION HISTORY
PL 2013, c. 308, §4 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 14: COLLABORATIVE DRUG THERAPY MANAGEMENT › 32 §13844. Conditions or diseases managed; scope of practice

§13844. Conditions or diseases managed; scope of practice
1.  Generally accepted standards of care.
A pharmacist may engage in collaborative drug therapy management pursuant to a collaborative practice agreement only for conditions or diseases with generally accepted standards of care.
[PL 2013, c. 308, §4 (NEW).]
2.  Prohibition.
A pharmacist who is engaged in collaborative drug therapy management pursuant to a collaborative practice agreement may not, as part of the collaborative practice, participate in research or clinical or investigational trials.
[PL 2013, c. 308, §4 (NEW).]
3.  Limitation.
A collaborative practice agreement may include only the conditions or diseases to be managed that meet the qualifications and scope of practice for each party to the agreement.
[PL 2013, c. 308, §4 (NEW).]
SECTION HISTORY
PL 2013, c. 308, §4 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 14: COLLABORATIVE DRUG THERAPY MANAGEMENT › 32 §13845. Practice protocols

§13845. Practice protocols
A pharmacist may engage in collaborative drug therapy management in compliance with a treatment protocol established by the practitioner with whom the pharmacist has a collaborative practice agreement. A copy of the treatment protocol must be submitted to the board. At a minimum, the treatment protocol must include a statement by the practitioner that describes the activities in which the pharmacist is authorized to engage and a provision that allows the practitioner, when appropriate, to override a collaborative practice decision made by the pharmacist.   [PL 2013, c. 308, §4 (NEW).]
SECTION HISTORY
PL 2013, c. 308, §4 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 14: COLLABORATIVE DRUG THERAPY MANAGEMENT › 32 §13846. Rules

§13846. Rules
The board and the Board of Licensure in Medicine, after consultation with the Department of Health and Human Services, shall adopt rules to implement this subchapter. The rules must include rules establishing record-keeping and documentation procedures and reporting requirements and must allow for electronic filing when possible. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2013, c. 308, §4 (NEW).]
SECTION HISTORY
PL 2013, c. 308, §4 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 14: COLLABORATIVE DRUG THERAPY MANAGEMENT › 32 §13847. Exemptions

§13847. Exemptions
Nothing in this subchapter may be construed to limit the scope of practice of a pharmacist pursuant to this chapter or to apply to collaborative practice agreements entered into between a pharmacist and a hospital solely for the treatment of inpatients at the hospital.   [PL 2013, c. 308, §4 (NEW).]
SECTION HISTORY
PL 2013, c. 308, §4 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 15: TELEHEALTH SERVICES › 32 §13848. Definitions

§13848. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2021, c. 291, Pt. B, §19 (NEW).]
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.
[PL 2021, c. 291, Pt. B, §19 (NEW).]
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.
[PL 2021, c. 291, Pt. B, §19 (NEW).]
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.
[PL 2021, c. 291, Pt. B, §19 (NEW).]
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.
[PL 2021, c. 291, Pt. B, §19 (NEW).]
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.
[PL 2021, c. 291, Pt. B, §19 (NEW).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §19 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 15: TELEHEALTH SERVICES › 32 §13849. Telehealth services permitted

§13849. 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.   [PL 2021, c. 291, Pt. B, §19 (NEW).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §19 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 15: TELEHEALTH SERVICES › 32 §13849-A. Confidentiality

§13849-A. Confidentiality
When providing telehealth services, a person licensed under this chapter shall comply with all state and federal confidentiality and privacy laws.   [PL 2021, c. 291, Pt. B, §19 (NEW).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §19 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 15: TELEHEALTH SERVICES › 32 §13849-B. Professional responsibility

§13849-B. 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 providing telehealth services.   [PL 2021, c. 291, Pt. B, §19 (NEW).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §19 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 15: TELEHEALTH SERVICES › 32 §13849-C. Rulemaking

§13849-C. 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.   [PL 2021, c. 291, Pt. B, §19 (NEW).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §19 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 119: COUNSELING PROFESSIONALS › 32 §13852. Board of Counseling Professionals Licensure; establishment; compensation

§13852. Board of Counseling Professionals Licensure; establishment; compensation
1.  Establishment.
The Board of Counseling Professionals Licensure within the department as established by Title 5, section 12004‑A, subsection 9‑C, shall carry out the purposes of this chapter.
[PL 2007, c. 402, Pt. EE, §2 (AMD).]
2.  Members.
The board consists of 8 members, 7 of them appointed by the Governor. Each member must be a resident of this State. Six members must be licensed clinical counseling professionals under this chapter, 4 of whom must be clinical professional counselors, one of whom must be a marriage and family therapist and one of whom must be a pastoral counselor. Each counselor member must have been, for at least 5 years immediately preceding appointment, actively engaged as a practitioner, educator or researcher. One member must be a public member as defined in Title 5, section 12004‑A and may not be currently practicing counseling or receiving compensation for counseling services. One member, appointed by the Chancellor of the University of Maine System, must be a member of the university faculty involved in the training of counselors.
[PL 2007, c. 621, §14 (AMD).]
3.  Officers.
[PL 2007, c. 402, Pt. EE, §2 (RP).]
4.  Terms of office.
Appointments are for terms of 3 years each. Appointments of members must comply with Title 10, section 8009.
[PL 2007, c. 402, Pt. EE, §2 (AMD).]
5.  Removal.
The Governor may remove any member of the board for cause and the reason for the termination of each appointment must be communicated to each member so terminated. The appointment of any member of the board must be terminated if a member is absent for 6 consecutive board meetings without good and just cause that is communicated to the chair.
[PL 1989, c. 465, §3 (NEW); PL 1989, c. 895, §4 (AMD).]
6.  Compensation.
[PL 1995, c. 397, §113 (RP).]
7.  Meetings; chair.
The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members.
[PL 2013, c. 246, Pt. B, §25 (AMD).]
SECTION HISTORY
PL 1989, c. 465, §3 (NEW). PL 1989, c. 549, §§1,3 (NEW). PL 1989, c. 878, §A101 (RP). PL 1989, c. 895, §§1,22 (AFF). PL 1989, c. 895, §§4,21 (AMD). PL 1991, c. 263, §2 (AMD). PL 1991, c. 263, §§5,6 (AFF). PL 1993, c. 600, §A273 (AMD). PL 1995, c. 397, §113 (AMD). PL 1999, c. 687, §§E10-13 (AMD). PL 1999, c. 790, §B4 (AMD). PL 2007, c. 402, Pt. EE, §2 (AMD). PL 2007, c. 621, §§14, 15 (AMD). PL 2009, c. 112, Pt. A, §19 (AMD). PL 2013, c. 246, Pt. B, §25 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 119: COUNSELING PROFESSIONALS › 32 §13853. Powers and duties of the board

§13853. Powers and duties of the board
The board has the following powers and duties in addition to all other powers and duties otherwise set forth in this chapter.   [PL 2007, c. 402, Pt. EE, §3 (AMD).]
1.  Standards.
The board shall administer and enforce this chapter, set forth education and examination standards and evaluate the qualifications for licensure.
[PL 1989, c. 465, §3 (NEW).]
2.  Rules.
The board may adopt, in accordance with Title 5, chapter 375, rules necessary to carry out the purposes of this chapter.
[PL 2007, c. 402, Pt. EE, §3 (AMD).]
3.  Complaints.
[PL 2007, c. 402, Pt. EE, §3 (RP).]
4.  Records.
[PL 2007, c. 402, Pt. EE, §3 (RP).]
5.  Reports.
[PL 2007, c. 402, Pt. EE, §3 (RP).]
6.  Contracts.
[PL 1995, c. 397, §114 (RP).]
7.  Budget.
[PL 1995, c. 397, §114 (RP).]
8.  Register.
[PL 2007, c. 402, Pt. EE, §3 (RP).]
9.  Employees.
[PL 1995, c. 397, §114 (RP).]
10.  Officers.
The board shall elect from among its members officers as it determines necessary.
[PL 2007, c. 402, Pt. EE, §3 (AMD).]
11.  Code of ethics.
The board shall adopt a code of ethics generally in keeping with standards established by the national professional associations concerned with the areas of board responsibility.
[PL 1989, c. 465, §3 (NEW).]
12.  Hearings.
[PL 2007, c. 402, Pt. EE, §3 (RP).]
13.  Disclosure statements.
Under this chapter all licensees and registrants are required to provide disclosure statements to clients prior to treatments. The board may adopt, by rule, a standard disclosure statement. This disclosure statement must include, but not be limited to, the name and address of the licensee or registrant, the original date and the expiration date of the license, the proposed course of treatment and financial arrangements for clients.
[PL 2007, c. 402, Pt. EE, §3 (AMD).]
14.  Issue licenses.
The board shall issue licenses as necessary to implement this chapter.
[PL 1989, c. 895, §6 (NEW); PL 1989, c. 895, §22 (AFF).]
15.  Client bill of rights.
The board shall specify the information that counselors are to include in a client bill of rights that is to be provided to all clients by all counselors.
[PL 1989, c. 895, §6 (NEW).]
SECTION HISTORY
PL 1989, c. 465, §3 (NEW). PL 1989, c. 549, §§1,3 (NEW). PL 1989, c. 878, §A101 (RP). PL 1989, c. 895, §§1,22 (AFF). PL 1989, c. 895, §§5,6,22 (AMD). PL 1991, c. 263, §§5,6 (AFF). PL 1995, c. 397, §114 (AMD). PL 2007, c. 402, Pt. EE, §3 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 119: COUNSELING PROFESSIONALS › 32 §13854. Licensing

§13854. Licensing
1.  Licensing.
A person may not, unless specifically exempted by this chapter, be engaged in the practice of professional counseling or profess to the public to be a, or assume or use the title or designation of, clinical professional counselor, professional counselor, marriage and family therapist, licensed pastoral counselor, registered counselor or conditional license holder or assume or use the abbreviation "LP," "CC," "MF," "PC" or "RC" or any other title, designation, words, letters or device tending to indicate that such a person is licensed or registered, unless that person is licensed or registered with and holds a current valid license or registration from the board.
[PL 2021, c. 233, §4 (RPR); PL 2021, c. 233, §6 (AFF).]
2.  Individual licensing.
Only an individual may be licensed under this chapter.
[PL 1989, c. 465, §3 (NEW).]
3.  Unlicensed practice.
A person who violates subsection 1 is subject to the provisions of Title 10, section 8003‑C.
[PL 2007, c. 402, Pt. EE, §4 (AMD).]
4.  Unfair trade practice.
A violation of subsection 1 is an unfair trade practice in violation of Title 5, chapter 10.
[PL 2021, c. 233, §5 (NEW); PL 2021, c. 233, §6 (AFF).]
SECTION HISTORY
PL 1989, c. 465, §3 (NEW). PL 1989, c. 895, §§1,22 (AFF). PL 1989, c. 895, §7 (AMD). PL 1991, c. 263, §§5,6 (AFF). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 421, §§B102,103 (AMD). PL 2001, c. 421, §B103 (AMD). PL 2001, c. 421, §C1 (AFF). PL 2007, c. 402, Pt. EE, §4 (AMD). PL 2021, c. 233, §§4, 5 (AMD). PL 2021, c. 233, §6 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 119: COUNSELING PROFESSIONALS › 32 §13855. Psychological testing; assessment services

§13855. Psychological testing; assessment services
Nothing in this chapter may be construed as permitting clinical professional counselors, professional counselors, marriage and family therapists, pastoral counselors or conditional license holders to hold themselves out to the public as psychologists or psychological examiners as defined in section 3811, subsection 1, or to offer primarily or solely the services of psychological testing. The board shall adopt ethical standards relating to the utilization of assessment techniques.   [PL 1989, c. 465, §3 (NEW); PL 1989, c. 895, §8 (AMD).]
SECTION HISTORY
PL 1989, c. 465, §3 (NEW). PL 1989, c. 895, §§1,22 (AFF). PL 1989, c. 895, §8 (AMD). PL 1991, c. 263, §§5,6 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 119: COUNSELING PROFESSIONALS › 32 §13857. Nonresidents; applicants licensed in another jurisdiction; licensure by endorsement

§13857. Nonresidents; applicants licensed in another jurisdiction; licensure by endorsement
1.  Reciprocal agreements.
The Board of Counseling Professionals Licensure may enter into reciprocal agreements with other jurisdictions that have substantially similar licensure laws and accord substantially equal reciprocal rights to residents licensed in good standing in this State.
[PL 2003, c. 542, §1 (NEW).]
2.  Applicants licensed in another jurisdiction.
An applicant who is licensed under the laws of another jurisdiction is governed by this subsection.
A. An applicant who is licensed under the laws of a jurisdiction that has a reciprocal agreement with the Board of Counseling Professionals Licensure may obtain a license under the terms and conditions as agreed upon through the reciprocal agreement.   [PL 2003, c. 542, §1 (NEW).]
B. An applicant who is licensed in good standing at the time of application to the board under the laws of a jurisdiction that has not entered into a reciprocal agreement with the Board of Counseling Professionals Licensure may qualify for licensure by submitting evidence to the board that the applicant has held a substantially equivalent, valid license for at least 5 consecutive years immediately preceding application to the board at the level of licensure applied for in this State.   [PL 2013, c. 217, Pt. G, §1 (AMD).]
C. An applicant who is licensed in good standing at the time of application to the board under the laws of a jurisdiction that has not entered into a reciprocal agreement and who does not meet the requirements of paragraph B may qualify for licensure by submitting evidence satisfactory to the board that the applicant's qualifications for licensure are substantially similar to those requirements in this chapter.   [PL 2003, c. 542, §1 (NEW).]
D. [PL 2013, c. 217, Pt. G, §2 (RP); PL 2013, c. 217, Pt. K, §8 (RP).]
E. Notwithstanding any provision of this chapter to the contrary, the board, in accordance with Title 10, section 8003‑H and any applicable rules adopted pursuant to that section, shall establish a process to issue a license by endorsement for each license authorized under this chapter that the board determines is appropriate for licensure by endorsement. An applicant may submit an application under the process established under this paragraph or any other licensure process authorized in this chapter.   [PL 2021, c. 642, §41 (NEW).]
[PL 2021, c. 642, §41 (AMD).]
SECTION HISTORY
PL 1989, c. 465, §3 (NEW). PL 1989, c. 895, §§1,22 (AFF). PL 1989, c. 895, §11 (AMD). PL 1991, c. 263, §§5,6 (AFF). PL 2003, c. 542, §1 (RPR). PL 2011, c. 286, Pt. B, §5 (REV). PL 2013, c. 217, Pt. G, §§1, 2 (AMD). PL 2013, c. 217, Pt. K, §8 (AMD). PL 2021, c. 642, §§40, 41 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 119: COUNSELING PROFESSIONALS › 32 §13859. Fees

§13859. Fees
The Director of the Office of Professional and Occupational Regulation within the department may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $300. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2007, c. 402, Pt. EE, §6 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]
1.  Amount.
[PL 2007, c. 402, Pt. EE, §6 (RP).]
SECTION HISTORY
PL 1989, c. 465, §3 (NEW). PL 1989, c. 895, §§1,22 (AFF). PL 1989, c. 895, §15 (AMD). PL 1991, c. 263, §§5,6 (AFF). PL 2007, c. 402, Pt. EE, §6 (RPR). PL 2011, c. 286, Pt. B, §5 (REV).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 119: COUNSELING PROFESSIONALS › 32 §13860. Terms of licenses

§13860. Terms of licenses
1.  Biennial renewal.
Licenses expire biennially on December 31st or on such other date as the commissioner may determine.
Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set under section 13859. Any person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination if that renewal examination is received, together with the late fee and renewal fee, within 2 years from the date of that expiration.
[PL 2007, c. 402, Pt. EE, §7 (AMD).]
2.  Continuing education and supervision.
The board, by rule, may establish continuing education and supervision requirements. Applicants for license renewal must show proof of satisfying the continuing education requirements set forth by the board. If a license lapses due to failure of the licensee to meet continuing education requirements, the licensee may renew the license upon completion of the required continuing education. Beginning January 1, 2020, applicants for license renewal shall demonstrate to the satisfaction of the board a one-time successful completion of a minimum of 12 hours of course work in family or intimate partner violence, including course work in spousal or partner abuse that addresses screening, referral and intervention strategies, including knowledge of community resources, cultural factors, evidence-based risk assessment and same-gender abuse dynamics. An applicant may fulfill this requirement through course work provided through contact hours, Internet hours or distance learning programs, as evidenced by certification from an accredited educational institution or equivalent teaching or practice experience. The board may accept equivalent courses in family or intimate partner violence screening and referral and intervention strategies or equivalent teaching or practice experience completed prior to January 1, 2020 in satisfaction of this requirement. Continuing education courses taken pursuant to this subsection must be applied to the licensee's required hours of continuing education.
[PL 2013, c. 262, §6 (AMD).]
SECTION HISTORY
PL 1989, c. 465, §3 (NEW). PL 1989, c. 895, §§1,22 (AFF). PL 1989, c. 895, §16 (AMD). PL 1991, c. 263, §§5,6 (AFF). PL 1997, c. 128, §1 (AMD). PL 2007, c. 402, Pt. EE, §7 (AMD). PL 2013, c. 262, §6 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 119: COUNSELING PROFESSIONALS › 32 §13861. Disciplinary action grounds; procedure; complaints (REPEALED)

§13861. Disciplinary action grounds; procedure; complaints
(REPEALED)
SECTION HISTORY
PL 1989, c. 465, §3 (NEW). PL 1989, c. 895, §§1,22 (AFF). PL 1989, c. 895, §17 (AMD). PL 1991, c. 263, §§5,6 (AFF). PL 1993, c. 600, §A274 (AMD). PL 2007, c. 402, Pt. EE, §8 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 119: COUNSELING PROFESSIONALS › 32 §13861-A. Denial or refusal to renew license; disciplinary action; reinstatement

§13861-A. Denial or refusal to renew license; disciplinary action; reinstatement
1.  Disciplinary action.
In addition to the grounds enumerated in Title 10, section 8003, subsection 5‑A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A for:
A. Habitual substance use or use of drugs listed as controlled substances by the federal Drug Enforcement Administration that has resulted or is foreseeably likely to result in the applicant's or licensee's performing services in a manner that endangers the health or safety of patients;   [PL 2017, c. 407, Pt. A, §147 (AMD).]
B. A medical finding of mental incompetency;   [PL 2019, c. 165, §31 (AMD).]
C. Having had any professional or occupational license revoked for disciplinary reasons or any application rejected for reasons relating to untrustworthiness, within 3 years of the date of application; and   [PL 2019, c. 165, §31 (AMD).]
D. A violation of section 13866.   [PL 2019, c. 165, §32 (NEW).]
[PL 2019, c. 165, §§31, 32 (AMD).]
2.  Reinstatement.
[PL 2007, c. 621, §16 (RP).]
SECTION HISTORY
PL 2007, c. 402, Pt. EE, §9 (NEW). PL 2007, c. 621, §16 (AMD). PL 2017, c. 407, Pt. A, §147 (AMD). PL 2019, c. 165, §§31, 32 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 119: COUNSELING PROFESSIONALS › 32 §13862. Privileged communication

§13862. Privileged communication
Except at the request or consent of the client, no person licensed under this chapter may be required to testify in any civil or criminal action, suit or proceeding at law or in equity respecting any information that the person licensed or registered may have acquired in providing counseling services or marriage and family therapy services to the client in a professional and contractual capacity if that information was necessary to enable the licensee to furnish professional counseling services to the client. When the physical or mental condition of the client is an issue in that action, suit or proceeding or when a court in the exercise of sound discretion determines the disclosure necessary to the proper administration of justice, information communicated to or otherwise learned by that licensed or registered person in connection with the provision of counseling or marriage and family therapy services may not be privileged and disclosure may be required.   [PL 1989, c. 465, §3 (NEW); PL 1989, c. 895, §18 (AMD).]
Nothing in this section may prohibit disclosure by a person licensed under this chapter of information concerning a client when that disclosure is required by law and nothing in this section may modify or affect Title 22, sections 3477 to 3479‑A and 4011‑A to 4015.   [PL 2001, c. 345, §10 (AMD).]
This section may not be construed to prevent a 3rd-party reimburser from inspecting and copying, in the ordinary course of determining eligibility for or entitlement to benefits, any and all records relating to the diagnosis, treatment or other services provided to any persons, including a minor or incompetent, for which coverage, benefit or reimbursement is claimed as long as the policy or certificate under which the claim is made provides that access to those records is permitted. This section may not be construed to prevent access to any records pursuant to any peer review or utilization review procedures applied and implemented in good faith.   [PL 1989, c. 465, §3 (NEW).]
SECTION HISTORY
PL 1989, c. 465, §3 (NEW). PL 1989, c. 752 (AMD). PL 1989, c. 895, §§1,22 (AFF). PL 1989, c. 895, §18 (AMD). PL 1991, c. 263, §§5,6 (AFF). PL 2001, c. 345, §10 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 119: COUNSELING PROFESSIONALS › 32 §13864. Inactive status license

§13864. Inactive status license
A licensee who does not perform any of the activities described in section 13851, subsection 8 and who wants to preserve the license while not engaged in any counseling activity may apply for an inactive status license pursuant to Title 10, section 8003, subsection 5‑A, paragraph D, subparagraph (5). The fee for inactive status licensure is set under section 13859. During inactive status, the licensee must renew the license and pay the renewal fee as set under section 13859, but is not required to meet the continuing education requirements under section 13860, subsection 2. The board shall adopt rules by which an inactive status license may be reinstated. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.   [PL 2007, c. 402, Pt. EE, §10 (AMD).]
SECTION HISTORY
PL 1997, c. 128, §2 (NEW). PL 2007, c. 402, Pt. EE, §10 (AMD).