reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13224. License required (REPEALED)

§13224. License required
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13225. Application for license (REPEALED)

§13225. Application for license
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1989, c. 502, §B39 (AMD). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13226. Required deposit or bond (REPEALED)

§13226. Required deposit or bond
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13227. Reserves (REPEALED)

§13227. Reserves
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13228. License expiration; renewal (REPEALED)

§13228. License expiration; renewal
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13229. Grounds for suspension or revocation of license or denial of renewal (REPEALED)

§13229. Grounds for suspension or revocation of license or denial of renewal
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13230. Automatic termination of sales agent registration (REPEALED)

§13230. Automatic termination of sales agent registration
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13231. Order, notice of suspension or revocation of license (REPEALED)

§13231. Order, notice of suspension or revocation of license
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13232. Duration of suspension; obligation during suspension period; reinstatement (REPEALED)

§13232. Duration of suspension; obligation during suspension period; reinstatement
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13233. Filing of forms (REPEALED)

§13233. Filing of forms
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13234. Filing of fees (REPEALED)

§13234. Filing of fees
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13235. Annual statement; examination (REPEALED)

§13235. Annual statement; examination
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1991, c. 627, §1 (AMD). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13236. Service of process; appointment of director as process agent (REPEALED)

§13236. Service of process; appointment of director as process agent
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13237. Home service company sales agent registration required (REPEALED)

§13237. Home service company sales agent registration required
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13238. Penalty for violation (REPEALED)

§13238. Penalty for violation
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1997, c. 209, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 5: HOME SERVICE CONTRACTS › 32 §13239. Transitional provisions (REPEALED)

§13239. Transitional provisions
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1989, c. 600, §§A15,A16 (AMD). PL 1991, c. 53, §9 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 6: OPINIONS OF VALUE › 32 §13251. Opinions of value; mobile homes (REPEALED)

§13251. Opinions of value; mobile homes
(REPEALED)
SECTION HISTORY
PL 1987, c. 770, §10 (NEW). PL 1999, c. 129, §14 (RP). PL 1999, c. 129, §16 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 6: OPINIONS OF VALUE › 32 §13251-A. Conflict of interest

§13251-A. Conflict of interest
A real estate broker or associate broker may not knowingly provide or offer an appraisal or opinion of market value, as set forth in section 14004, on real estate in a transaction where the broker or associate broker, or any other licensee licensed with the agency, is to receive a fee on that transaction.   [PL 1999, c. 185, §3 (AMD).]
SECTION HISTORY
PL 1995, c. 240, §1 (NEW). PL 1999, c. 185, §3 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 7: REAL ESTATE BROKERAGE RELATIONSHIPS › 32 §13272. Scope of agency

§13272. Scope of agency
A real estate brokerage agency that provides services through a brokerage agreement for a client is bound by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence and accounting as set forth in this chapter. Such a real estate brokerage agency may be a seller agent, a buyer agent, a subagent or a disclosed dual agent.   [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).]
SECTION HISTORY
PL 1993, c. 679, §1 (NEW). PL 2005, c. 378, §14 (AMD). PL 2005, c. 378, §29 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 7: REAL ESTATE BROKERAGE RELATIONSHIPS › 32 §13276. Interpretation

§13276. Interpretation
The provisions of this subchapter supersede the duties and responsibilities of the parties under the common law, including fiduciary responsibilities of an agent to a client or principal, except with regard to vicarious liability and except as set forth in this subchapter. This section does not preclude the use of common law, when it is not inconsistent with this subchapter, in defining and interpreting the duties listed in section 13272. This section does not abrogate an injured party's cause of action pursuant to this chapter.   [PL 1993, c. 679, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 679, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 7: REAL ESTATE BROKERAGE RELATIONSHIPS › 32 §13277. Written policy

§13277. Written policy
Every real estate brokerage agency shall adopt a written company policy that identifies and describes the types of real estate brokerage relationships in which the designated broker and affiliated licensees may engage.   [PL 2005, c. 378, §18 (AMD); PL 2005, c. 378, §29 (AFF).]
SECTION HISTORY
PL 1993, c. 679, §1 (NEW). PL 2005, c. 378, §18 (AMD). PL 2005, c. 378, §29 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 7: REAL ESTATE BROKERAGE RELATIONSHIPS › 32 §13278. Appointed agents within a firm

§13278. Appointed agents within a firm
1.  Appointed agents.
A real estate brokerage agency entering into a brokerage agreement may, through the designated broker, appoint in writing to the client those affiliated licensees within the real estate brokerage agency who will be acting as appointed agents of that client to the exclusion of all other affiliated licensees within the real estate brokerage agency.
[PL 1993, c. 679, §1 (NEW).]
2.  Not a dual agent.
A real estate brokerage agency and the designated broker are not considered to be dual agents solely because of an appointment under the provisions of this section, except that any affiliated licensee who personally represents both the seller and the buyer, as clients, in a particular transaction is considered to be a dual agent and is required to comply with the provisions of this subchapter governing disclosed dual agents.
[PL 2005, c. 378, §19 (AMD); PL 2005, c. 378, §29 (AFF).]
3.  Actual knowledge; information.
When agents are appointed, each client, the real estate brokerage agency and its appointed licensees are considered to possess only actual knowledge and information. There is no imputation of knowledge or information by operation of law among or between the clients, the real estate brokerage agency and appointed agents.
[PL 1993, c. 679, §1 (NEW).]
4.  Appointments; roles.
Methods of appointment and the role of the real estate brokerage agency and the designated broker must be defined by rules adopted by the commission. The rules must include a requirement that clients be informed as to the real estate brokerage agency's appointed agent policy and give written consent to that policy in advance of entering into a brokerage agreement.
[PL 2005, c. 378, §19 (AMD); PL 2005, c. 378, §29 (AFF).]
SECTION HISTORY
PL 1993, c. 679, §1 (NEW). PL 2005, c. 378, §19 (AMD). PL 2005, c. 378, §29 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 7: REAL ESTATE BROKERAGE RELATIONSHIPS › 32 §13279. Real estate brokerage relationship disclosure required

§13279. Real estate brokerage relationship disclosure required
A real estate brokerage agency shall provide in a timely manner to buyers and sellers of residential real property a meaningful, written real estate brokerage relationship disclosure form as defined and mandated by rules adopted by the commission. For purposes of this section, "residential real property" means real estate consisting of not less than one nor more than 4 residential dwelling units.   [PL 2005, c. 378, §20 (AMD); PL 2005, c. 378, §29 (AFF).]
SECTION HISTORY
PL 1993, c. 679, §1 (NEW). PL 1999, c. 100, §1 (AMD). PL 2005, c. 378, §20 (AMD). PL 2005, c. 378, §29 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 7: REAL ESTATE BROKERAGE RELATIONSHIPS › 32 §13280. Real Estate Commission rules

§13280. Real Estate Commission rules
The commission shall adopt rules setting forth criteria necessary to the implementation of this subchapter. The rules must include, but are not limited to, the following:   [PL 1993, c. 679, §1 (NEW).]
1.  Disclosure.
Those aspects of the services of a real estate brokerage agency and its affiliated licensees that must be disclosed to a client; and
[PL 1993, c. 679, §1 (NEW).]
2.  Handling of information.
Procedures to be followed by a real estate brokerage agency and its affiliated licensees to prevent the mishandling of information and undisclosed dual agency in the representation of clients. In adopting these rules, the commission shall consider the formal and informal sharing of information within a real estate brokerage agency, the arrangement of real estate brokerage agency office space, the relationships of affiliated licensees within a real estate brokerage agency who are representing clients with adverse interests and means of avoiding client representation by an undisclosed dual agent. The commission shall review the professional responsibility rules and practices of the legal profession with regard to conflict of interest in considering the adoption of rules under this subsection.
[PL 1993, c. 679, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 679, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 7: REAL ESTATE BROKERAGE RELATIONSHIPS › 32 §13281. Duration of the relationship

§13281. Duration of the relationship
1.  Effective date.
The relationships set forth in this subchapter commence on the effective date of the real estate brokerage agency's brokerage agreement and continue until performance, completion, termination or expiration of that brokerage agreement.
[PL 2005, c. 378, §21 (AMD); PL 2005, c. 378, §29 (AFF).]
2.  Obligation; termination.
A real estate brokerage agency and an affiliated licensee owe no further duty or obligation after termination, expiration, completion or performance of the brokerage agreement, except the duties of:
A. Accounting in a timely manner for all money and property related to, and received during, the relationship; and   [PL 1993, c. 679, §1 (NEW).]
B. For seller agents, buyer agents, subagents and disclosed dual agents, treating as confidential information provided by the client during the course of the relationship that could have a negative impact on the client's real estate activity, unless:
(1) The client to whom the information pertains grants written consent;
(2) Disclosure of the information is required by law;
(3) The information is made public or becomes public by the words or conduct of the client to whom the information pertains or from a source other than the real estate brokerage agency or the affiliated licensee; or
(4) Disclosure is necessary to defend the real estate brokerage agency or an affiliated licensee against an action of wrongful conduct in a judicial proceeding before the commission or before a professional committee.   [PL 2005, c. 378, §22 (AMD); PL 2005, c. 378, §29 (AFF).]
[PL 2005, c. 378, §22 (AMD); PL 2005, c. 378, §29 (AFF).]
SECTION HISTORY
PL 1993, c. 679, §1 (NEW). PL 2005, c. 378, §§21,22 (AMD). PL 2005, c. 378, §29 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT › Subchapter 7: REAL ESTATE BROKERAGE RELATIONSHIPS › 32 §13282. Presumption

§13282. Presumption
Except as otherwise provided in this subchapter, a real estate brokerage agency providing real estate brokerage services is presumed to be acting as a transaction broker unless the real estate brokerage agency has agreed, in a written brokerage agreement, to represent one or more parties to the real estate transaction as the real estate brokerage agency's clients. Client representation may not be created orally or by implication or be assumed by a real estate brokerage agency or any party to a real estate transaction.   [PL 2005, c. 378, §23 (NEW); PL 2005, c. 378, §29 (AFF).]
SECTION HISTORY
PL 2005, c. 378, §23 (NEW). PL 2005, c. 378, §29 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13501. Commission (REPEALED)

§13501. Commission
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1989, c. 503, §B157 (AMD). PL 1991, c. 338, §2 (AMD). PL 1993, c. 600, §A267 (AMD). PL 2001, c. 166, §2 (AMD). PL 2007, c. 402, Pt. CC, §1 (AMD). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13502. Declaration of policy (REPEALED)

§13502. Declaration of policy
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 2001, c. 166, §3 (AMD). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13503. Meetings; chair; quorum (REPEALED)

§13503. Meetings; chair; quorum
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 2001, c. 166, §4 (AMD). PL 2007, c. 402, Pt. CC, §2 (AMD). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13504. Disposal of fees; expenses (REPEALED)

§13504. Disposal of fees; expenses
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1995, c. 397, §106 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13505. Annual reports (REPEALED)

§13505. Annual reports
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 2007, c. 402, Pt. CC, §3 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13506. Jurisdiction (REPEALED)

§13506. Jurisdiction
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1989, c. 700, §A159 (AMD). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13506-A. Prohibited competitions, exhibitions and events (REPEALED)

§13506-A. Prohibited competitions, exhibitions and events
(REPEALED)
SECTION HISTORY
PL 2001, c. 166, §5 (NEW). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13507. Powers and duties (REPEALED)

§13507. Powers and duties
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1991, c. 338, §3 (AMD). PL 1995, c. 397, §107 (AMD). PL 2001, c. 166, §§6-9 (AMD). PL 2007, c. 402, Pt. CC, §§4, 5 (AMD). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13508. Headgear required; safety equipment (REPEALED)

§13508. Headgear required; safety equipment
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13509. Head injuries (REPEALED)

§13509. Head injuries
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13510. Boxing, wrestling and kick-boxing licenses (REPEALED)

§13510. Boxing, wrestling and kick-boxing licenses
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1991, c. 338, §4 (AMD). PL 1999, c. 685, §20 (AMD). PL 2001, c. 166, §10 (AMD). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13511. Wrestling licenses (REPEALED)

§13511. Wrestling licenses
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1991, c. 338, §5 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 1999, c. 685, §21 (AMD). PL 2001, c. 166, §11 (AMD). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13512. Permits for foreign copromoters (REPEALED)

§13512. Permits for foreign copromoters
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 2001, c. 166, §12 (AMD). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13513. Promoter's reports (REPEALED)

§13513. Promoter's reports
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13514. Taxes (REPEALED)

§13514. Taxes
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1987, c. 816, §KK23 (AMD). PL 1991, c. 338, §6 (AMD). PL 1999, c. 685, §22 (AMD). PL 2001, c. 166, §13 (AMD). PL 2007, c. 402, Pt. CC, §6 (AMD). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13515. Decisions (REPEALED)

§13515. Decisions
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13516. Denial or refusal to reissue license; disciplinary action (REPEALED)

§13516. Denial or refusal to reissue license; disciplinary action
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2007, c. 402, Pt. CC, §7 (RPR). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 115: THE MAINE ATHLETIC COMMISSION (REPEALED) › 32 §13517. Penalties; injunction (REPEALED)

§13517. Penalties; injunction
(REPEALED)
SECTION HISTORY
PL 1987, c. 395, §A212 (NEW). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2007, c. 402, Pt. CC, §8 (AMD). PL 2007, c. 621, §13 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 1: TITLE AND DEFINITIONS › 32 §13701. Short title

§13701. Short title
This chapter shall be known and may be cited as the "Maine Pharmacy Act."   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 1: TITLE AND DEFINITIONS › 32 §13702. Definitions (REPEALED)

§13702. Definitions
(REPEALED)
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1993, c. 716, §1 (AMD). PL 1997, c. 117, §9 (AMD). PL 1997, c. 245, §§3,4 (AMD). RR 1999, c. 1, §46 (COR). PL 1999, c. 42, §§1,2 (AMD). PL 1999, c. 130, §§1-5 (AMD). PL 2005, c. 430, §6 (AMD). PL 2005, c. 430, §10 (AFF). PL 2007, c. 402, Pt. DD, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13711. Establishment

§13711. Establishment
There is established, within the department, in accordance with Title 5, chapter 379, the Maine Board of Pharmacy. The board has all of the duties, powers and authority specifically granted by and necessary to the enforcement of this Act.   [PL 1997, c. 245, §6 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1997, c. 245, §6 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13712. Membership

§13712. Membership
The board consists of 7 members, two of whom must be public members as defined in Title 5, section 12004‑A and the remainder of whom must be licensed pharmacists who possess the qualifications specified in section 13713. At the time of the appointment, at least one of the licensed pharmacists must be a hospital pharmacist, at least one must be a chain pharmacist and at least one must be an independent pharmacist.   [PL 2007, c. 402, Pt. DD, §3 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 2007, c. 402, Pt. DD, §3 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13713. Qualifications

§13713. Qualifications
1.  Public members.
The public members of the board must be residents of this State who are at least 21 years of age and shall not be, nor ever have been, members of the profession of pharmacy, the spouse of a member of the profession of pharmacy, a person who has ever had any material financial interest in providing pharmacy services or a person who has engaged in any activity directly related to the practice of pharmacy.
[PL 1987, c. 710, §5 (NEW).]
2.  Licensed pharmacists.
The licensed pharmacist members of the board shall, at the time of their appointment:
A. Be residents of this State;   [PL 1987, c. 710, §5 (NEW).]
B. Be licensed and in good standing to engage in the practice of pharmacy in this State;   [PL 1987, c. 710, §5 (NEW).]
C. Be engaged in the practice of pharmacy in this State; and   [PL 1987, c. 710, §5 (NEW).]
D. Have 5 years of experience in the practice of pharmacy in this State after licensure.   [PL 1987, c. 710, §5 (NEW).]
[PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13714. Appointment

§13714. Appointment
The Governor shall appoint the members of the board. Prior to appointing any pharmacist as a member of the board, the Governor may solicit recommendations of candidates from the Maine Pharmacy Association and other pharmaceutical organizations as appropriate.   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13715. Terms of office (REPEALED)

§13715. Terms of office
(REPEALED)
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1993, c. 600, §A268 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13715-A. Terms of office

§13715-A. Terms of office
1.  Length.
Members of the board are appointed for terms of 3 years. Appointments of members must comply with Title 10, section 8009.
[PL 2007, c. 402, Pt. DD, §4 (AMD).]
2.  Grounds for removal.
The Governor may remove a member of the board for cause.
[PL 1993, c. 600, Pt. A, §269 (NEW).]
SECTION HISTORY
PL 1993, c. 600, §A269 (NEW). PL 2007, c. 402, Pt. DD, §4 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13716. Organization

§13716. Organization
1.  Officers.
The board shall elect from its members a president and other officers as it considers appropriate and necessary to conduct its business.
[PL 2007, c. 402, Pt. DD, §5 (AMD).]
2.  Terms of office.
Officers elected by the board serve terms of one year commencing with the day of their elections.
[PL 2007, c. 402, Pt. DD, §5 (AMD).]
3.  Executive director.
[PL 1995, c. 397, §108 (RP).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1995, c. 397, §108 (AMD). PL 2007, c. 402, Pt. DD, §5 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13717. Compensation (REPEALED)

§13717. Compensation
(REPEALED)
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1995, c. 397, §109 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13718. Meetings

§13718. Meetings
1.  Number.
The board shall meet at least once a year to transact its business, which includes the election of officers and the reorganization of the board. The board shall meet at additional times as it may determine. Additional meetings may be called by the president or by 2/3 of the members of the board.
[PL 2007, c. 402, Pt. DD, §6 (AMD).]
2.  Place.
[PL 2007, c. 402, Pt. DD, §6 (RP).]
3.  Notice.
[PL 2007, c. 402, Pt. DD, §6 (RP).]
4.  Quorum.
[PL 2013, c. 246, Pt. B, §24 (RP).]
5.  Open meeting.
[PL 2007, c. 402, Pt. DD, §6 (RP).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 2007, c. 402, Pt. DD, §6 (AMD). PL 2013, c. 246, Pt. B, §24 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13719. Employees (REPEALED)

§13719. Employees
(REPEALED)
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1995, c. 397, §110 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13720. Rules

§13720. Rules
The board shall make, adopt, amend and repeal such rules as may, from time to time, be determined necessary by the board for the proper administration and enforcement of this Act. These rules shall be promulgated in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 2: MAINE BOARD OF PHARMACY › 32 §13724. Fees

§13724. Fees
The Director of the Office of Professional and Occupational Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes in accordance with this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2019, c. 536, §3 (NEW).]
1.  General fees.
Except as provided in subsection 2, the fee for any one purpose may not exceed $325.
[PL 2019, c. 536, §3 (NEW).]
2.  Manufacturer of an opioid medication fee.
The fee for a manufacturer of an opioid medication is $55,000. This subsection does not apply to a manufacturer of an opioid medication if all of that manufacturer's opioid medications are approved by the United States Food and Drug Administration for use only in veterinary medicine.
[PL 2019, c. 536, §3 (NEW).]
SECTION HISTORY
PL 2005, c. 262, §B3 (NEW). PL 2007, c. 402, Pt. DD, §11 (AMD). PL 2011, c. 286, Pt. B, §5 (REV). PL 2019, c. 536, §3 (RPR).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 3: LICENSING › 32 §13732. Qualifications for licensure by examination

§13732. Qualifications for licensure by examination
1.  Requirements.
To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination must:
A. Have submitted a written application in the form prescribed by the board together with the required examination and license fee as set under section 13724;   [PL 2005, c. 262, Pt. B, §4 (AMD).]
B. Have attained the age of 21 years;   [PL 1987, c. 710, §5 (NEW).]
C. [PL 2021, c. 289, §7 (RP).]
D. Have graduated and received the first professional undergraduate degree from a pharmacy degree program accredited by the American Council on Pharmaceutical Education or have received a degree from an equivalent program, which has been approved by the board, from a school outside the United States;   [PL 1987, c. 710, §5 (NEW).]
E. Have completed an internship or other program that has been approved by the board or demonstrated, to the board's satisfaction, experience in the practice of pharmacy that meets or exceeds the minimum internship requirement of the board; and   [PL 2005, c. 262, Pt. B, §4 (AMD).]
F. Have successfully passed an examination approved by the board.   [PL 2005, c. 262, Pt. B, §4 (AMD).]
G.   [PL 2005, c. 262, Pt. B, §5 (RP).]
[PL 2021, c. 289, §7 (AMD).]
2.  Examinations.
Examinations shall be prepared and administered according to this subsection.
A. The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ and cooperate with any organization or consultant in the preparation and grading of an appropriate examination, but shall retain the sole discretion and responsibility of determining which applicants have successfully passed the examination.   [PL 1987, c. 710, §5 (NEW).]
B. [PL 2007, c. 402, Pt. DD, §13 (RP).]
[PL 2007, c. 402, Pt. DD, §13 (AMD).]
3.  Internship and other training programs.
Internship and practical experience requirements shall be determined as follows.
A. All applicants for licensure by examination must obtain practical experience in the practice of pharmacy concurrent with or after college attendance under such terms and conditions as the board may determine.   [PL 1987, c. 710, §5 (NEW).]
B. The board shall establish standards for internship or any other program necessary to qualify an applicant for the licensure examination and shall also determine the necessary qualifications of any preceptors used in any internship or other program.   [PL 1987, c. 710, §5 (NEW).]
[PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 2005, c. 262, §§B4,5 (AMD). PL 2007, c. 402, Pt. DD, §13 (AMD). PL 2021, c. 289, §7 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 3: LICENSING › 32 §13733. Qualifications for licensure by endorsement (REPEALED)

§13733. Qualifications for licensure by endorsement
(REPEALED)
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1995, c. 257, §1 (AMD). PL 1999, c. 130, §7 (AMD). PL 2005, c. 262, §§B6-8 (AMD). PL 2007, c. 402, Pt. DD, §14 (AMD). PL 2021, c. 289, §8 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 3: LICENSING › 32 §13733-A. Licensure by endorsement

§13733-A. Licensure by endorsement
In order to obtain a license as a pharmacist by endorsement, an applicant for licensure must meet the requirements of Title 10, section 8003‑H and any applicable rules adopted pursuant to that section.   [PL 2021, c. 289, §9 (NEW).]
SECTION HISTORY
PL 2021, c. 289, §9 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 3: LICENSING › 32 §13734. Renewal of licenses

§13734. Renewal of licenses
1.  Renewal.
A license expires on the date set by the commissioner pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A renewal license is issued for each ensuing licensing period in the absence of any reason or condition that might warrant the refusal to grant a license, upon receipt by the board of the written request of the applicant and the fee for the license as set under section 13724 and upon the applicant's presenting evidence of compliance with the requirements of section 13735.
Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee as set under section 13724 in addition to the renewal fee as set under section 13724. 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, including a late fee, renewal fee and additional late fee as set under section 13724, except that the board may, giving due consideration to the protection of the public, waive examination if that renewal application is made within 2 years from the date of that expiration.
[PL 2007, c. 402, Pt. DD, §15 (AMD).]
2.  Inactive renewal license.
A licensed pharmacist not practicing pharmacy within this State shall pay, on or before the expiration date as determined by the commissioner, a renewal fee as set under section 13724, in return for which an inactive renewal license must be issued.
A licensed pharmacist holding an inactive renewal license who desires to practice pharmacy in this State is required to submit proof satisfactory to the board that, during the calendar year preceding application for active licensure, the pharmacist has participated in not less than 15 hours of approved courses of continuing professional pharmaceutical education as defined in section 13735. The board may make exceptions to the continuing education requirement of this section in emergency or hardship cases.
If any person fails or neglects to procure the annual inactive renewal license, after the expiration of 30 days that person's original license expires. That person, in order to regain licensure, is required to pay one renewal fee as set under section 13724 in addition to the sum of all fees that person may be in arrears.
[PL 2007, c. 402, Pt. DD, §15 (AMD).]
3.  Fees.
[PL 2005, c. 262, Pt. B, §9 (RP).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1993, c. 600, §A270 (AMD). PL 2005, c. 262, §B9 (AMD). PL 2007, c. 402, Pt. DD, §15 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 3: LICENSING › 32 §13735. Continuing pharmacy education

§13735. Continuing pharmacy education
An annual renewal license may not be issued by the board until the applicant certifies to the board that, during the calendar year preceding an application for renewal, the applicant has participated in not less than 15 hours of approved courses of continuing professional pharmaceutical education as set out in this section. For a pharmacist authorized to administer drugs and immunizations, of the 15 hours to be completed, at least 2 hours must be in board-approved courses on drug administration as described in section 13702‑A, subsection 28. A pharmacist who enters into a collaborative practice agreement must agree to complete, in each year of the agreement, 5 of the 15 hours required in this section in the areas of practice covered by the agreement. The continuing professional pharmaceutical educational courses consist of postgraduate studies, institutes, seminars, workshops, lectures, conferences, extension studies, correspondence courses or such other forms of continuing professional pharmaceutical education as may be approved by the board.   [PL 2021, c. 84, §1 (AMD).]
These courses consist of subject matter pertinent to the following general areas of professional pharmaceutical education: the socioeconomic and legal aspects of health care; the properties and actions of drugs and dosage forms; and the ideology, characteristics and therapeutics of the disease state. The specific subject matter of the courses may include, but is not limited to, pharmacology, biochemistry, physiology, pharmaceutical chemistry, pharmacy administration, drug administration as it relates to the area of permitted practice, pharmacy jurisprudence, public health and communicable diseases, pharmaceutical marketing, professional practice management, anatomy, histology and such other subject matter as represented in curricula of accredited colleges of pharmacy. The content of each course offered for credit under this continuing professional educational program must be approved in advance of the course by the board or its representative. The board may make exceptions to this section in emergency or hardship cases.   [PL 2009, c. 308, §2 (AMD).]
Each application for approval of a continuing education program or course must be submitted according to the guidelines prescribed by rule by the board, together with a fee as set under section 13724.   [PL 2007, c. 402, Pt. DD, §16 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1999, c. 130, §8 (AMD). PL 2005, c. 262, §B10 (AMD). PL 2007, c. 402, Pt. DD, §16 (AMD). PL 2009, c. 308, §2 (AMD). PL 2013, c. 308, §3 (AMD). PL 2021, c. 84, §1 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 4: DISCIPLINE › 32 §13741. Informal conference (REPEALED)

§13741. Informal conference
(REPEALED)
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1993, c. 600, §A271 (AMD). PL 1999, c. 130, §9 (AMD). PL 2007, c. 402, Pt. DD, §17 (AMD). PL 2011, c. 286, Pt. K, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 4: DISCIPLINE › 32 §13742. Grounds for discipline (REPEALED)

§13742. Grounds for discipline
(REPEALED)
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1993, c. 600, §A272 (AMD). PL 1999, c. 130, §10 (AMD). PL 2007, c. 402, Pt. DD, §18 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 4: DISCIPLINE › 32 §13743. Reinstatement

§13743. Reinstatement
1.  Penalties.
[PL 2007, c. 402, Pt. DD, §20 (RP).]
2.  Reinstatement.
Any person whose license to practice pharmacy in this State has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, may at reasonable intervals petition the board for reinstatement of the license. The petition must be made in writing in a form prescribed by the board. Upon investigation and hearing, the board may grant or deny the petition or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant those modifications.
[PL 1987, c. 710, §5 (NEW).]
3.  Criminal prosecutions.
[PL 2007, c. 402, Pt. DD, §20 (RP).]
4.  Judicial review.
[PL 2007, c. 402, Pt. DD, §20 (RP).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 2007, c. 402, Pt. DD, §20 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 5: PHARMACY FACILITIES › 32 §13752. Application

§13752. Application
1.  Procedures.
The board shall specify by rule the licensing procedures to be followed, including, but not limited to, specification of forms for use in applying for licensure and the times and places for filing an application.
[PL 2007, c. 402, Pt. DD, §24 (AMD).]
2.  Required information.
Applications for licenses must include the fee as set under section 13724 and the following information about the proposed pharmacy and pharmacist in charge:
A. Ownership of the pharmacy;   [PL 2007, c. 402, Pt. DD, §24 (AMD).]
B. Location of the pharmacy;   [PL 2007, c. 402, Pt. DD, §24 (AMD).]
C. Identity of the pharmacist licensed to practice in the State who will be the pharmacist in charge of the pharmacy, when one is required by this chapter, and such further information as the board may determine necessary. The board shall adopt rules identifying the duties and responsibilities of the pharmacist in charge, which must include, at a minimum, responsibility for ensuring the pharmacy's compliance with all state and federal laws, rules and regulations pertaining to the practice of pharmacy, the distribution of drugs by the pharmacy and the licensure of pharmacy personnel. A pharmacist may be the pharmacist in charge for only one pharmacy, except as otherwise determined by the board by rule. The position of pharmacist in charge may not be held by a qualified assistant pharmacist; and   [PL 2021, c. 289, §10 (AMD).]
D. Attestation by the pharmacist identified as the pharmacist in charge that the pharmacist has read and understands the requirements and duties of a pharmacist in charge set forth in board rules.   [PL 2021, c. 289, §11 (AMD).]
[PL 2021, c. 289, §§10, 11 (AMD).]
3.  Transferability.
Licenses issued by the board pursuant to this chapter are not transferable or assignable.
[PL 2007, c. 402, Pt. DD, §24 (AMD).]
4.  Professional responsibility.
The board shall specify by rule minimum standards for the professional responsibility in the conduct of any pharmacy that has employees or personnel engaged in the practice of pharmacy. The board may require that the portion of the facility to which the license applies be operated only under the direct supervision of no less than one pharmacist licensed to practice in this State and not otherwise and to provide such other special requirements as necessary. A change in the pharmacist in charge who is responsible for the pharmacy must be reported to the board together with the fee as set under section 13724.
[PL 2007, c. 402, Pt. DD, §24 (AMD).]
5.  Minimum inventory.
The board shall ascertain that the applicant has a sufficient amount of prescription inventory on location to respond appropriately to prescription orders.
[PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 1999, c. 130, §11 (AMD). PL 2005, c. 262, §§B12-14 (AMD). PL 2007, c. 402, Pt. DD, §24 (AMD). PL 2021, c. 289, §§10, 11 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 5: PHARMACY FACILITIES › 32 §13752-A. Site inspection required

§13752-A. Site inspection required
1.  Opening facility.
Pharmacies licensed pursuant to this subchapter may open and operate the facility only:
A. Upon the approval of the board or its representative; or   [PL 2007, c. 402, Pt. DD, §25 (AMD).]
B. Upon the pharmacist in charge certifying to the board, on forms prescribed by the board, that the facility is secure, suitable for operation as a pharmacy and in compliance with applicable federal and state laws, rules and regulations governing the practice of pharmacy.   [PL 2007, c. 402, Pt. DD, §25 (AMD).]
[PL 2007, c. 402, Pt. DD, §25 (AMD).]
2.  Facility inspection.
Licensed pharmacies that open and operate pursuant to subsection 1, paragraph B must be inspected by a member of the board or its representative within 30 days of opening. Facilities that are found to be insecure, not suitable for operation as a pharmacy or not in compliance with applicable federal and state laws, rules and regulations governing the practice of pharmacy are subject to a board-ordered emergency revocation of the license. The pharmacy may not operate after revocation. The emergency revocation is a final agency action and is not subject to judicial review, but a new application for licensure may be submitted pursuant to section 13752, and if approved, a site inspection must be performed pursuant to subsection 1, paragraph A.
[PL 2007, c. 402, Pt. DD, §25 (AMD).]
SECTION HISTORY
PL 1999, c. 130, §12 (NEW). PL 2007, c. 402, Pt. DD, §25 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 5: PHARMACY FACILITIES › 32 §13753. Notifications

§13753. Notifications
1.  Changes.
All licensed pharmacies shall report to the board, by mail, fax or electronic communication as accepted by the board, the occurrence of any of the following changes:
A. Permanent closing, which requires 10 calendar days' prior notice to the public and to the board;   [PL 2021, c. 289, §12 (AMD).]
B. Change of ownership, which requires 10 calendar days' prior notice to the board;   [PL 2021, c. 289, §12 (AMD).]
C. Change of pharmacist, in charge which requires notice no later than 10 calendar days after the change; and   [PL 2021, c. 289, §12 (AMD).]
D. Any other matters and occurrences as the board may require by rule.   [PL 1987, c. 710, §5 (NEW).]
[PL 2021, c. 289, §12 (AMD).]
2.  Other reportable events.
Disasters, accidents and emergencies which may affect the strength, purity or labeling of drugs, medications, devices or other materials used in the diagnosis or the treatment of injury, illness and disease shall be immediately reported to the board.
[PL 1987, c. 710, §5 (NEW).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 2007, c. 402, Pt. DD, §26 (AMD). PL 2021, c. 289, §12 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 117: MAINE PHARMACY ACT › Subchapter 5: PHARMACY FACILITIES › 32 §13754. Violations and penalties

§13754. Violations and penalties
1.  Unlicensed practice.
No pharmacy licensed pursuant to section 13751 may be operated until a license has been issued to that facility by the board. Any person who violates this section is subject to the provisions of Title 10, section 8003‑C.
[PL 2007, c. 402, Pt. DD, §27 (AMD).]
2.  Reinstatement.
Reinstatement of a license that has been suspended, revoked or restricted by the board may be granted in accordance with the procedures specified by section 13743, subsection 2.
[PL 2007, c. 402, Pt. DD, §27 (AMD).]
SECTION HISTORY
PL 1987, c. 710, §5 (NEW). PL 2007, c. 402, Pt. DD, §27 (AMD).