reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 97: RESPIRATORY CARE PRACTITIONERS › 32 §9707. Temporary license

§9707. Temporary license
No more than one temporary license may be granted to a person who has completed the education requirements of this chapter. This license allows the holder to practice respiratory care under the supervision of a licensed respiratory care practitioner. This license must be issued for a term of 90 days and may be extended for an additional 90 days at the discretion of the board.   [PL 2011, c. 286, Pt. I, §1 (AMD).]
SECTION HISTORY
PL 1985, c. 288, §3 (NEW). PL 1989, c. 450, §42 (AMD). PL 2011, c. 286, Pt. I, §1 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 97: RESPIRATORY CARE PRACTITIONERS › 32 §9707-A. Respiratory care practitioner trainee license

§9707-A. Respiratory care practitioner trainee license
The board may license student employees as respiratory care practitioner trainees as defined under section 9702, subsection 7, and adopt rules for that license. 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. W, §5 (AMD).]
SECTION HISTORY
PL 1989, c. 450, §43 (NEW). PL 2007, c. 402, Pt. W, §5 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 97: RESPIRATORY CARE PRACTITIONERS › 32 §9708. Requirements for licensure; levels of licensure

§9708. Requirements for licensure; levels of licensure
An applicant applying for a license as a respiratory care practitioner shall file a written application provided by the board, showing to the satisfaction of the board that he meets the following requirements.   [PL 1985, c. 288, §3 (NEW).]
1.  Residence.
[PL 1989, c. 450, §44 (RP).]
2.  Ethical practice.
An applicant must exhibit trustworthiness and competence.
[PL 2007, c. 402, Pt. W, §6 (AMD).]
3.  Education and qualifications.
An applicant shall present evidence satisfactory to the board that:
A. For a license as a respiratory therapist:
(1) The applicant is presently credentialed by the National Board for Respiratory Care or its successor or other organization approved by the board as a registered respiratory therapist; or
(2) The applicant:
(a) Is a graduate of an educational program for respiratory therapists which is recognized by the board and accredited by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education; and
(b) Has passed an examination as provided for in section 9709; or   [PL 2007, c. 402, Pt. W, §7 (AMD).]
B. For a license as a respiratory care technician:
(1) The applicant is presently credentialed by the National Board for Respiratory Care as a certified respiratory therapy technician; or
(2) The applicant:
(a) Is a graduate of an educational program for respiratory therapists or respiratory care technicians which is recognized by the board and accredited by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education; and
(b) Has passed an examination as provided for in section 9709.   [PL 1985, c. 288, §3 (NEW).]
[PL 2007, c. 402, Pt. W, §7 (AMD).]
4.  Restrictions.
A respiratory care practitioner trainee shall not perform invasive procedures or procedures related to critical respiratory care, including therapeutic, diagnostic and palliative procedures. Respiratory care practitioner trainees shall only perform services under the on-site supervision of a licensed respiratory care practitioner.
[PL 1989, c. 450, §45 (NEW).]
SECTION HISTORY
PL 1985, c. 288, §3 (NEW). PL 1989, c. 450, §§44,45 (AMD). PL 2007, c. 402, Pt. W, §§6, 7 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 97: RESPIRATORY CARE PRACTITIONERS › 32 §9709. Examination for licensure

§9709. Examination for licensure
1.  Requirements.
Only a person satisfying the requirements of this chapter may apply for examination in such a manner as the board prescribes.
[PL 1985, c. 288, §3 (NEW).]
2.  Content.
Written examinations shall be designed or adopted by the board and shall test the applicant's knowledge of the basic and clinical sciences relating to respiratory care, respiratory care techniques and methods and such other subjects as the board may include to determine the applicant's fitness to practice.
[PL 1985, c. 288, §3 (NEW).]
3.  Time and place.
[PL 2007, c. 402, Pt. W, §8 (RP).]
SECTION HISTORY
PL 1985, c. 288, §3 (NEW). PL 2007, c. 402, Pt. W, §8 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 97: RESPIRATORY CARE PRACTITIONERS › 32 §9709-A. Licensure by endorsement

§9709-A. Licensure by endorsement
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 section or any other licensure process authorized in this chapter.   [PL 2021, c. 642, §30 (NEW).]
SECTION HISTORY
PL 2021, c. 642, §30 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 97: RESPIRATORY CARE PRACTITIONERS › 32 §9710. Fees

§9710. 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 $135 biennially. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.   [PL 2007, c. 402, Pt. W, §9 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]
1.  Amount.
[PL 2007, c. 402, Pt. W, §9 (AMD).]
2.  Deposit of fees.
[PL 2007, c. 402, Pt. W, §9 (RP).]
SECTION HISTORY
PL 1985, c. 288, §3 (NEW). PL 1989, c. 450, §46 (AMD). PL 1991, c. 509, §30 (AMD). PL 1995, c. 502, §H40 (AMD). PL 1999, c. 386, §S4 (AMD). PL 2007, c. 402, Pt. W, §9 (RPR). PL 2011, c. 286, Pt. B, §5 (REV).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 97: RESPIRATORY CARE PRACTITIONERS › 32 §9711. Issuance of license (REPEALED)

§9711. Issuance of license
(REPEALED)
SECTION HISTORY
PL 1985, c. 288, §3 (NEW). PL 2007, c. 402, Pt. W, §10 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 97: RESPIRATORY CARE PRACTITIONERS › 32 §9712. Term of licenses

§9712. Term of licenses
1.  Biennial renewal.
Licenses expire biennially on April 30th or on such other date as the commissioner determines.
Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the required renewal fee as set under section 9710. A 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 application is received, together with the late fee and renewal fee, within 2 years from the date of that expiration.
[PL 2007, c. 402, Pt. W, §11 (AMD).]
2.  Continuing education.
[PL 2007, c. 402, Pt. W, §11 (RP).]
3.  Transition.
[PL 2007, c. 402, Pt. W, §11 (RP).]
SECTION HISTORY
PL 1985, c. 288, §3 (NEW). PL 1989, c. 450, §§47,48 (AMD). PL 2007, c. 402, Pt. W, §11 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 97: RESPIRATORY CARE PRACTITIONERS › 32 §9713. Deny or refuse to renew license; disciplinary action

§9713. Deny or refuse to renew license; disciplinary action
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 any of the reasons enumerated in Title 10, section 8003, subsection 5‑A, paragraph A.   [PL 2007, c. 402, Pt. W, §12 (NEW).]
1.  Complaints.
[PL 2007, c. 402, Pt. W, §12 (RP).]
2.  Disciplinary actions; grounds.
[PL 2007, c. 402, Pt. W, §12 (RP).]
SECTION HISTORY
PL 1985, c. 288, §3 (NEW). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2007, c. 402, Pt. W, §12 (RPR).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 97: RESPIRATORY CARE PRACTITIONERS › 32 §9714. Telehealth services

§9714. Telehealth services
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "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, §15 (NEW).]
B. "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, §15 (NEW).]
C. "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, §15 (NEW).]
D. "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, §15 (NEW).]
E. "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, §15 (NEW).]
[PL 2021, c. 291, Pt. B, §15 (NEW).]
2.  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 section and in accordance with standards of practice.
[PL 2021, c. 291, Pt. B, §15 (NEW).]
3.  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, §15 (NEW).]
4.  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, §15 (NEW).]
5.  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 subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 291, Pt. B, §15 (NEW).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §15 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 99: FINANCIAL PLANNERS (REPEALED) › 32 §9751. Declaration of purpose (REPEALED)

§9751. Declaration of purpose
(REPEALED)
SECTION HISTORY
PL 1985, c. 235 (NEW). PL 2019, c. 252, Pt. B, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 99: FINANCIAL PLANNERS (REPEALED) › 32 §9752. Definitions (REPEALED)

§9752. Definitions
(REPEALED)
SECTION HISTORY
PL 1985, c. 235 (NEW). PL 2019, c. 252, Pt. B, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 99: FINANCIAL PLANNERS (REPEALED) › 32 §9753. Disclosure required (REPEALED)

§9753. Disclosure required
(REPEALED)
SECTION HISTORY
PL 1985, c. 235 (NEW). PL 2019, c. 252, Pt. B, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 99: FINANCIAL PLANNERS (REPEALED) › 32 §9754. Enforcement (REPEALED)

§9754. Enforcement
(REPEALED)
SECTION HISTORY
PL 1985, c. 235 (NEW). PL 2019, c. 252, Pt. B, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9851. Findings

§9851. Findings
The Legislature finds that the citizens of this State are entitled to the maximum protection practicable from the harmful effects of excessive and improper exposure to ionizing radiation; that the protection can be increased by requiring appropriate education and training of persons operating medical and dental equipment emitting ionizing radiation; and that it is therefore necessary to establish standards of education, training and experience for these operators, to provide for the appropriate examination and licensure and to emphasize the professional nature of the service.   [PL 1983, c. 524 (NEW).]
SECTION HISTORY
PL 1983, c. 524 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9854. License required; exceptions

§9854. License required; exceptions
1.  License required.
A person may not practice or profess to be authorized to practice after September 1, 1984, as a radiographer, a nuclear medicine technologist or a radiation therapist unless that person is licensed in accordance with the provisions of this chapter.
[PL 2009, c. 112, Pt. A, §15 (AMD).]
2.  Effect of Act.
Nothing in this Act may limit, enlarge or affect the practice of licensed practitioners.
[PL 1983, c. 524 (NEW).]
3.  Exceptions.
The requirement of a license does not apply to:
A. A dentist, dental hygienist or dental radiographer licensed under chapter 143;   [PL 2015, c. 429, §19 (AMD).]
B. [PL 2015, c. 429, §20 (RP).]
C. A resident physician or a student enrolled in and attending a school or college of medicine, osteopathy, chiropractic, podiatry, dentistry or radiologic technology or an individual who is concurrently obtaining the education and clinical training required by the board by rule who applies ionizing radiation to a human being while under the supervision of a licensed practitioner;   [PL 2023, c. 100, §1 (AMD).]
D. Any person serving in the United States Armed Services or public health service or employed by the United States Department of Veterans Affairs or other federal agency performing the person's official duties as long as the duties are limited to that service or employment; or   [PL 2023, c. 100, §1 (AMD).]
E. A cardiovascular technologist credentialed by the Commission on Accreditation of Allied Health Education Programs, Cardiovascular Credentialing International or a successor organization who is performing the activities permitted under this paragraph and is acting under the delegated authority and direct supervision of a physician while the physician is performing cardiac catheterization or electrophysiology procedures. For the purposes of this paragraph, the activities permitted are limited to procedure table actions that are necessary during cardiac catheterization or electrophysiology procedures, including enabling fluoroscopy to start the procedure, changing the field of view, positioning the image intensifier, adjusting collimation, placing the wedge filter, panning the procedure table during exposure, stepping on the pedal at the physician's direction when the physician cannot reach the pedal and performing other similar actions under the delegated authority and direct supervision of the physician.   [PL 2023, c. 100, §1 (NEW).]
[PL 2023, c. 100, §1 (AMD).]
SECTION HISTORY
PL 1983, c. 524 (NEW). PL 2005, c. 166, §1 (AMD). PL 2005, c. 511, §5 (AMD). PL 2009, c. 112, Pt. A, §15 (AMD). PL 2015, c. 429, §§19, 20 (AMD). PL 2023, c. 100, §1 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9856. Application; fees

§9856. Application; fees
1.  Application for license.
To apply for a license as a radiographer, nuclear medicine technologist, radiation therapy technologist or for a limited license, an applicant shall:
A. Submit a written application with supporting documents to the board;   [PL 2007, c. 402, Pt. X, §3 (AMD).]
B. Pay the application fee as set under section 9859‑A; and   [PL 2007, c. 402, Pt. X, §3 (AMD).]
C. Pay an examination fee as set under section 9859‑A.   [PL 2007, c. 402, Pt. X, §3 (AMD).]
[PL 2007, c. 402, Pt. X, §3 (AMD).]
2.  Denial of application.
In case the application is denied and permission to take the examination is refused, the examination fee only is returned to the applicant. Any applicant who fails to pass the examination is entitled to reexamination within 6 months upon repayment of the examination fee only. Pursuant to section 9858, the board may issue a temporary license to an applicant who has failed an examination and is awaiting reexamination upon receipt of the fee as set under section 9859‑A; the temporary license expires at such time as the board may by rule direct.
[PL 2007, c. 402, Pt. X, §3 (AMD).]
SECTION HISTORY
PL 1983, c. 524 (NEW). PL 1983, c. 816, §A39 (RPR). PL 2001, c. 323, §28 (AMD). PL 2007, c. 402, Pt. X, §3 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9857. Nonresidents; applicants licensed in another jurisdiction; licensure by endorsement

§9857. Nonresidents; applicants licensed in another jurisdiction; licensure by endorsement
1.  Reciprocal agreements.
The board 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 2005, c. 511, §7 (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 may obtain a license under the terms and conditions agreed upon through the reciprocal agreement.   [PL 2005, c. 511, §7 (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 may qualify for licensure by submitting evidence to the board that the applicant has actively practiced with a substantially equivalent license or by submitting evidence that the applicant's qualifications for licensure are substantially similar to those requirements in this chapter.   [PL 2005, c. 511, §7 (NEW).]
C. All nonresident applicants must submit with the application an irrevocable consent to service of process on the applicant for an action filed in a court of this State arising out of the applicant's activities as a licensee in this State. Service may be made by delivery of the process to the Director of Licensing and Registration within the Department of Professional and Financial Regulation if, in the exercise of due diligence, a plaintiff cannot effect personal service upon the applicant.   [PL 2005, c. 511, §7 (NEW).]
D. 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, §32 (NEW).]
[PL 2021, c. 642, §32 (AMD).]
SECTION HISTORY
PL 1983, c. 524 (NEW). PL 2005, c. 511, §7 (RPR). PL 2021, c. 642, §§31, 32 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9858. Temporary licenses; special permits

§9858. Temporary licenses; special permits
1.  Temporary licenses.
The board may issue a temporary license to any person whose application for licensure is pending before the board when issuance is justified by special circumstances and no danger to the public health or safety exists. A temporary license shall be issued only once and shall expire either when the results of the next examination administered by the board are known, if the applicant is required to take that examination, or 90 days following issuance of the temporary license. An exception may be made if the applicant fails the examination administered by the board. In that case, another temporary license may be issued and shall expire at such time as the board may by rule direct.
[PL 1983, c. 672 (NEW).]
2.  Special permits.
Upon special application by an individual, the board may issue a special permit to practice as a nuclear medicine technologist subject to the following conditions:
A. The applicant must possess a Maine license that is current and in good standing to practice as a radiographer;   [PL 2005, c. 511, §8 (AMD).]
B. The board finds to its satisfaction that there is substantial evidence that the people in the locality of the state in which such exemption is sought would be denied adequate medical care because of unavailability of certified licensed practitioners or persons holding certificates pursuant to this chapter; and   [PL 1983, c. 672 (NEW).]
C. The special permit shall be granted for limited periods of time, not to exceed one year, at which time the applicant shall be eligible for examination and licensure under this chapter.   [PL 1983, c. 672 (NEW).]
[PL 2005, c. 511, §8 (AMD).]
SECTION HISTORY
PL 1983, c. 524 (NEW). PL 1983, c. 672 (RPR). PL 2005, c. 511, §8 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9859. Licensure renewal; fees

§9859. Licensure renewal; fees
An original or renewal license fee as set under section 9859‑A must be paid by the applicant or licensee. All licenses must be renewed as the Commissioner of Professional and Financial Regulation may designate, as set forth in Title 10, section 8003, subsection 4. Any license not renewed by the designated renewal date automatically expires. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee and renewal fee as set under section 9859‑A. Any person who submits an application for renewal more than 90 days after the licensing renewal date must submit a renewal fee, late fee and additional late fee as set under section 9859‑A and 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 or other requirements.   [PL 2007, c. 402, Pt. X, §4 (AMD).]
SECTION HISTORY
PL 1983, c. 524 (NEW). PL 1991, c. 509, §31 (AMD). PL 2001, c. 323, §29 (AMD). PL 2005, c. 511, §9 (AMD). PL 2007, c. 402, Pt. X, §4 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9859-A. Fees

§9859-A. Fees
The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $100 biennially. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A.   [PL 2001, c. 323, §30 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]
SECTION HISTORY
PL 2001, c. 323, §30 (NEW). PL 2011, c. 286, Pt. B, §5 (REV).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9860. Disciplinary action (REPEALED)

§9860. Disciplinary action
(REPEALED)
SECTION HISTORY
PL 1983, c. 524 (NEW). PL 1993, c. 600, §A262 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2007, c. 402, Pt. X, §5 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9860-A. Denial or refusal to renew license; disciplinary action

§9860-A. Denial or refusal to renew license; 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:   [PL 2007, c. 402, Pt. X, §6 (NEW).]
1.  Substance use.
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 licensee performing services in a manner that endangers the health or safety of patients; or
[PL 2017, c. 407, Pt. A, §144 (AMD).]
2.  Mental incompetence.
A medical finding of mental incompetency.
[PL 2007, c. 402, Pt. X, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 402, Pt. X, §6 (NEW). PL 2017, c. 407, Pt. A, §144 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9861. Unlicensed practice

§9861. Unlicensed practice
1.  Penalties.
Any person who violates section 9854 is subject to the provisions of Title 10, section 8003‑C.
[PL 2007, c. 402, Pt. X, §7 (AMD).]
2.  Injunction.
[PL 2007, c. 402, Pt. X, §7 (RP).]
SECTION HISTORY
PL 1983, c. 524 (NEW). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2007, c. 402, Pt. X, §7 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9862. Funds (REPEALED)

§9862. Funds
(REPEALED)
SECTION HISTORY
PL 1983, c. 524 (NEW). PL 1995, c. 397, §96 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 103: MEDICAL RADIATION HEALTH AND SAFETY ACT › 32 §9863. Telehealth services

§9863. Telehealth services
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "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, §16 (NEW).]
B. "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, §16 (NEW).]
C. "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, §16 (NEW).]
D. "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, §16 (NEW).]
E. "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, §16 (NEW).]
[PL 2021, c. 291, Pt. B, §16 (NEW).]
2.  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 section and in accordance with standards of practice.
[PL 2021, c. 291, Pt. B, §16 (NEW).]
3.  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, §16 (NEW).]
4.  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, §16 (NEW).]
5.  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 subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 291, Pt. B, §16 (NEW).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §16 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9901. Declaration of purpose

§9901. Declaration of purpose
In order to recognize the professional qualifications of dietitians and dietetic technicians and to assure the availability to the public of information regarding those who hold themselves out to be dietitians and dietetic technicians, it is the purpose of this chapter to provide for the licensing of qualified dietitians and dietetic technicians.   [PL 1987, c. 313, §1 (AMD).]
SECTION HISTORY
PL 1985, c. 389, §28 (NEW). PL 1987, c. 313, §1 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9902. Definitions

§9902. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 389, §28 (NEW).]
1.  Board.
"Board" means the Board of Licensing of Dietetic Practice established under this chapter.
[PL 1987, c. 313, §2 (AMD).]
2.  Commissioner.
"Commissioner" means the Commissioner of Professional and Financial Regulation.
[PL 1985, c. 389, §28 (NEW).]
3.  Department.
"Department" means the Department of Professional and Financial Regulation.
[PL 1985, c. 389, §28 (NEW).]
4.  Dietetics.
"Dietetics" means the professional discipline of assessing the nutritional needs of an individual, including recognition of the effects of the individual's physical condition and economic circumstances, and the applying of scientific principles of nutrition to prescribing means to ensure the individual's proper nourishment and care.
[PL 1985, c. 389, §28 (NEW).]
5.  Licensed dietetic technician.
"Licensed dietetic technician" means a person licensed under this chapter who practices dietetics under the supervision of a dietitian who is licensed in accordance with this chapter.
[PL 1995, c. 402, Pt. A, §27 (AMD).]
6.  Licensed dietitian.
"Licensed dietitian" means a person who practices dietetics and who is licensed as a dietitian under this chapter.
[PL 1987, c. 313, §2 (AMD).]
SECTION HISTORY
PL 1985, c. 389, §28 (NEW). PL 1987, c. 313, §2 (AMD). PL 1995, c. 402, §A27 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9903. Board of Licensing of Dietetic Practice; establishment; compensation

§9903. Board of Licensing of Dietetic Practice; establishment; compensation
1.  Establishment and membership.
There is established, within the department, the Board of Licensing of Dietetic Practice. The board consists of 5 members appointed by the Governor, including 2 public members as defined in Title 5, section 12004‑A. Other than these public members, the persons appointed to the board must have been engaged in rendering dietetic services to the public or in teaching or research in dietetics for at least 2 years immediately preceding their appointments. Two board members must be dietitians. The 5th member must be a dietetic technician. The professional members must at all times be holders of valid licenses under this chapter, except for the members of the first board, each of whom must fulfill the requirements for licensing under this chapter.
[PL 2007, c. 402, Pt. Y, §1 (AMD).]
2.  Terms of appointment.
Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 8009. A member of the board may be removed from office for cause by the Governor.
[PL 2007, c. 402, Pt. Y, §1 (AMD).]
3.  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, §20 (AMD).]
4.  Compensation.
[PL 1995, c. 625, Pt. A, §39 (RP).]
SECTION HISTORY
PL 1985, c. 389, §28 (NEW). PL 1987, c. 313, §3 (AMD). PL 1993, c. 600, §A263 (AMD). PL 1995, c. 397, §97 (AMD). PL 1995, c. 402, §§A28,29 (AMD). PL 1995, c. 402, §A29 (AMD). PL 1995, c. 625, §A39 (AMD). PL 2007, c. 402, Pt. Y, §1 (AMD). PL 2013, c. 246, Pt. B, §20 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9904. Board of Licensing of Dietetic Practice; powers and duties

§9904. Board of Licensing of Dietetic Practice; powers and duties
1.  Powers.
The board shall administer and enforce this chapter.
[PL 2007, c. 402, Pt. Y, §2 (AMD).]
2.  Rules.
The board may adopt, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, rules relating to professional conduct to carry out the policy of this chapter, including, but not limited to, rules relating to professional licensing and to the establishment of ethical standards of practice for persons licensed to practice dietetics in this State.
[PL 1987, c. 313, §3 (AMD).]
3.  Hearings.
[PL 2007, c. 402, Pt. Y, §2 (RP).]
4.  Records.
[PL 2007, c. 402, Pt. Y, §2 (RP).]
5.  Contracts.
[PL 1995, c. 397, §98 (RP).]
6.  Reports.
[PL 2007, c. 402, Pt. Y, §2 (RP).]
SECTION HISTORY
PL 1985, c. 389, §28 (NEW). PL 1987, c. 313, §3 (AMD). PL 1995, c. 397, §98 (AMD). PL 1995, c. 402, §A30 (AMD). PL 2007, c. 402, Pt. Y, §2 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9905. Board of Licensing of Dietetic Practice; administrative provisions (REPEALED)

§9905. Board of Licensing of Dietetic Practice; administrative provisions
(REPEALED)
SECTION HISTORY
PL 1985, c. 389, §28 (NEW). PL 1985, c. 785, §B146 (AMD). PL 1987, c. 313, §4 (AMD). PL 1995, c. 397, §99 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9906. Licensing

§9906. Licensing
1.  Licensing required.
A person may not practice dietetics or claim to be a dietitian or a dietetic technician unless that person is licensed in accordance with this chapter.
[PL 1995, c. 402, Pt. A, §31 (AMD).]
2.  Individual licensing.
Only an individual may be licensed under this chapter.
[PL 1987, c. 313, §5 (AMD).]
3.  Penalty.
A person who violates this section is subject to the provisions of Title 10, section 8003‑C.
[PL 2007, c. 402, Pt. Y, §3 (AMD).]
SECTION HISTORY
PL 1985, c. 389, §28 (NEW). PL 1987, c. 313, §5 (AMD). PL 1995, c. 402, §A31 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2007, c. 402, Pt. Y, §3 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9907-A. Licensure by endorsement

§9907-A. Licensure by endorsement
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 section or any other licensure process authorized in this chapter.   [PL 2021, c. 642, §33 (NEW).]
SECTION HISTORY
PL 2021, c. 642, §33 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9908. Issuance of license

§9908. Issuance of license
The board shall issue a license to any person who meets the requirements of this chapter upon payment of the fee as set under section 9911.   [PL 2007, c. 402, Pt. Y, §5 (AMD).]
SECTION HISTORY
PL 1985, c. 389, §28 (NEW). PL 1987, c. 313, §5 (AMD). PL 2007, c. 402, Pt. Y, §5 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9909. Term of license

§9909. Term of license
1.  Renewal.
A license expires annually on September 30th or such other time as the commissioner may designate.
Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee together with the additional late fee and renewal fee as set under section 9911. Any person who submits an application for renewal more than 90 days after the licensing renewal date is subject to all requirements governing new applicants under this chapter.
[PL 2007, c. 402, Pt. Y, §6 (AMD).]
2.  Continuing education.
Each license renewal must be accompanied by evidence of continuing education or other requirements as established in rule by the board.
[PL 1995, c. 402, Pt. A, §33 (AMD).]
SECTION HISTORY
PL 1985, c. 389, §28 (NEW). PL 1987, c. 313, §5 (AMD). PL 1991, c. 509, §33 (AMD). PL 1995, c. 402, §A33 (AMD). PL 1999, c. 257, §4 (AMD). PL 2007, c. 402, Pt. Y, §6 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9910. Denial or refusal to renew license; disciplinary action

§9910. Denial or refusal to renew license; disciplinary action
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 any of the reasons enumerated in Title 10, section 8003, subsection 5‑A, paragraph A.   [PL 2007, c. 402, Pt. Y, §7 (NEW).]
1.  Complaints.
[PL 2007, c. 402, Pt. Y, §7 (RP).]
2.  Disciplinary actions; grounds.
[PL 2007, c. 402, Pt. Y, §7 (RP).]
3.  Reinstatement.
[PL 2004, c. 402, Pt. Y, §7 (RP).]
SECTION HISTORY
PL 1985, c. 389, §28 (NEW). PL 1987, c. 313, §6 (AMD). PL 1989, c. 502, §A115 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2007, c. 402, Pt. Y, §7 (RPR).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9911. Fees

§9911. 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, except that the fee for any one purpose may not exceed $200. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.   [PL 2007, c. 402, Pt. Y, §8 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]
1.  Amount.
[PL 2007, c. 402, Pt. Y, §8 (RP).]
2.  Deposit of fees.
[PL 2007, c. 402, Pt. Y, §8 (RP).]
SECTION HISTORY
PL 1985, c. 389, §28 (NEW). PL 1987, c. 313, §7 (AMD). PL 1991, c. 509, §34 (AMD). PL 1995, c. 397, §100 (AMD). PL 1995, c. 402, §A34 (AMD). PL 1995, c. 502, §H41 (AMD). PL 1995, c. 625, §A40 (AMD). PL 1999, c. 257, §5 (AMD). PL 2007, c. 402, Pt. Y, §8 (RPR). PL 2011, c. 286, Pt. B, §5 (REV).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9912. Reciprocity

§9912. Reciprocity
The board may, in its discretion, grant a license under this chapter to an individual licensed in another state if it determines that the requirements or standards for licensure in that state are equivalent to, or greater than, those established by this chapter. The board may not require an individual licensed in another state to meet requirements or standards for licensure in the State that are more stringent than requirements or standards for licensure imposed on in-state applicants.   [PL 1995, c. 402, Pt. A, §35 (AMD).]
SECTION HISTORY
PL 1985, c. 389, §28 (NEW). PL 1987, c. 313, §8 (AMD). PL 1995, c. 402, §A35 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9913. Equivalent requirements

§9913. Equivalent requirements
The board shall adopt rules, as it determines necessary and appropriate, to indicate what requirements will be considered the equivalent of the specific education, experience and examination required by section 9907.   [PL 1987, c. 313, §9 (NEW).]
SECTION HISTORY
PL 1987, c. 313, §9 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9914. Temporary license

§9914. Temporary license
The board shall adopt rules establishing requirements for a temporary license within the scope of this chapter.   [PL 1987, c. 313, §9 (NEW).]
SECTION HISTORY
PL 1987, c. 313, §9 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9915. Persons and practices exempt

§9915. Persons and practices exempt
Nothing in this chapter prevents the activities of:   [PL 1987, c. 313, §9 (NEW).]
1.  Licensed persons.
Any person licensed or registered in this State under any other law from engaging in the profession or occupation for which that person is licensed or registered;
[PL 1995, c. 402, Pt. A, §36 (AMD).]
2.  Persons giving general nutrition-related information.
Individuals who give general nutrition-related information;
[PL 1987, c. 313, §9 (NEW).]
3.  State and federal employees.
State and federal employees in state or federally funded cooperative extension food and nutrition programs and supplemental food and nutrition programs for women, infants and children;
[PL 1987, c. 313, §9 (NEW).]
4.  Persons marketing or distributing food products.
Persons who market or distribute food, food materials or dietary supplements or any person who engages in the explanation of the use of those products or the preparation of those products; and
[PL 1987, c. 313, §9 (NEW).]
5.  Persons providing weight control services.
Any person who provides weight control services, provided that:
A. The weight control program either recommends physician consultation generally or has in place procedures which require physician referral when medical conditions, such as heart disease, cancer, diabetes, hypoglycemia, morbid obesity and pregnancy exist; and   [PL 1987, c. 313, §9 (NEW).]
B. The program has been reviewed by, consultation is available from and no program change may be initiated without prior approval by:
(1) A licensed dietitian;
(2) A dietitian licensed in another state that has licensure requirements determined by the board to be equal to the requirements of this chapter; or
(3) A dietitian in another state without licensing who is registered by the Commission on Dietetic Registration of the American Dietetic Association or its successor or other organization approved by the board.   [PL 2007, c. 402, Pt. Y, §9 (AMD).]
[PL 2007, c. 402, Pt. Y, §9 (AMD).]
SECTION HISTORY
PL 1987, c. 313, §9 (NEW). PL 1995, c. 402, §A36 (AMD). PL 2007, c. 402, Pt. Y, §9 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104: DIETITIANS › 32 §9916. Telehealth services

§9916. Telehealth services
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Asynchronous encounter" means an interaction between an individual 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 individual and the person licensed under this chapter.   [PL 2021, c. 291, Pt. B, §17 (NEW).]
B. "Store and forward transfer" means the transmission of an individual's records through a secure electronic system to a person licensed under this chapter.   [PL 2021, c. 291, Pt. B, §17 (NEW).]
C. "Synchronous encounter" means a real-time interaction conducted with an interactive audio or video connection between an individual 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, §17 (NEW).]
D. "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, §17 (NEW).]
E. "Telemonitoring" means the use of information technology to remotely monitor an individual's health status via electronic means, allowing the person licensed under this chapter to track the individual's health data over time. Telemonitoring may be synchronous or asynchronous.   [PL 2021, c. 291, Pt. B, §17 (NEW).]
[PL 2021, c. 291, Pt. B, §17 (NEW).]
2.  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 section and in accordance with standards of practice.
[PL 2021, c. 291, Pt. B, §17 (NEW).]
3.  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, §17 (NEW).]
4.  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, §17 (NEW).]
5.  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 subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 291, Pt. B, §17 (NEW).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §17 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 104-A: UNDERGROUND OIL STORAGE TANK INSTALLERS › 32 §10001. Declaration of purpose

§10001. Declaration of purpose
In order to safeguard the public health, safety and welfare, to protect the public from incompetent and unauthorized persons, to ensure the highest degree of professional conduct on the part of underground oil storage tank installers and inspectors and to ensure the availability of underground oil storage tank installations and inspections of high quality to persons in need of those services, it is the purpose of this chapter to provide for the regulation of persons offering underground oil storage tank installation and inspection services.   [PL 2001, c. 231, §4 (AMD).]
SECTION HISTORY
PL 1985, c. 496, §A2 (NEW). PL 1987, c. 410, §2 (AMD). PL 1997, c. 364, §2 (AMD). PL 2001, c. 231, §4 (AMD).