reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12511. Licensure

§12511. Licensure
1.  Licensure required.
A person may not practice acupuncture or profess to be practicing as an acupuncturist in this State unless that person holds a current and valid license from the board, except that a student of acupuncture who has completed at least one year of full-time study in a board-approved acupuncture school may practice acupuncture in a board-approved internship program. The student must be supervised, as defined by rule, by an instructor who is a licensed acupuncturist in this State and be identified as an acupuncture intern when in a clinical setting.
[PL 2007, c. 402, Pt. AA, §6 (AMD).]
2.  Exception.
This chapter does not apply to any person who is licensed to practice any healing art or science and who is practicing acupuncture in the course of that practice and within the scope of that license.
[PL 1995, c. 671, §13 (NEW).]
SECTION HISTORY
PL 1995, c. 671, §13 (NEW). PL 2007, c. 402, Pt. AA, §6 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12512. Qualifications for acupuncturists

§12512. Qualifications for acupuncturists
The eligibility of an applicant for a license to practice acupuncture must be determined in accordance with the following.   [PL 1995, c. 671, §13 (NEW).]
1.  Eligibility.
To be eligible to apply for a license to practice acupuncture, an applicant must:
A. Be at least 21 years of age; and   [RR 1995, c. 2, §80 (COR).]
B. Have met requirements regarding education and experience as established by the board. These requirements must include the following:
(1) A baccalaureate degree from an accredited institution of higher learning, a license from the State to practice as a registered professional nurse or successful completion of the training program and any competency examination required by the Board of Licensure in Medicine to be qualified as a physician's assistant;
(2) A minimum of 1,000 hours of classroom instruction in acupuncture and related subjects at an institution approved by the board;
(3) A minimum of 300 hours of clinical experience in the field of acupuncture; and
(4) Certification by the National Commission for the Certification of Acupuncturists and Oriental Medicine, or its successor or other organization approved by the board, or passage of a written examination approved by the board.   [PL 2007, c. 402, Pt. AA, §7 (AMD).]
[PL 2007, c. 402, Pt. AA, §7 (AMD).]
2.  Endorsement.
An applicant who holds a current valid license to practice acupuncture from another state with requirements for licensure at least equal to the requirements under this section must be issued a license by the board.
[PL 1995, c. 671, §13 (NEW).]
SECTION HISTORY
RR 1995, c. 2, §80 (COR). PL 1995, c. 671, §13 (NEW). PL 2007, c. 402, Pt. AA, §7 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12513. Licensing

§12513. Licensing
1.  Licensed acupuncturist.
The board shall issue a license to practice acupuncture to an applicant who has satisfactorily met the following minimal requirements:
A. The eligibility requirements set forth in section 12512; and   [PL 1995, c. 671, §13 (NEW).]
B. Any other reasonable criteria the board may prescribe by rule.   [PL 1995, c. 671, §13 (NEW).]
[PL 1995, c. 671, §13 (NEW).]
SECTION HISTORY
PL 1995, c. 671, §13 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12513-B. Licensure by endorsement

§12513-B. Licensure by endorsement
Notwithstanding any provision of this subchapter 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 subchapter 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 subchapter.   [PL 2021, c. 642, §35 (NEW).]
SECTION HISTORY
PL 2021, c. 642, §35 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12514. Fees (REPEALED)

§12514. Fees
(REPEALED)
SECTION HISTORY
PL 1995, c. 671, §13 (NEW). PL 1999, c. 257, §6 (AMD). PL 1999, c. 386, §T1 (AMD). PL 2003, c. 666, §4 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12514-A. Fees

§12514-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 subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any application may not exceed $200, the fee for initial and renewal licensure may not exceed $675 annually and the fee for initial and renewal certification in custom-made Chinese herbal formulation may not exceed $200 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.   [PL 2003, c. 666, §5 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]
SECTION HISTORY
PL 2003, c. 666, §5 (NEW). PL 2011, c. 286, Pt. B, §5 (REV).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12515. Reapplication

§12515. Reapplication
Any applicant who is denied a license as an acupuncturist may apply again for licensing after a period of not less than 6 months from the date of the last denial.   [PL 1995, c. 671, §13 (NEW).]
SECTION HISTORY
PL 1995, c. 671, §13 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12516. Application for renewal

§12516. Application for renewal
1.  Requirements.
Prior to the expiration of a license, a licensee may make an application for renewal upon payment of the renewal fee as set under section 12514‑A and upon satisfactory demonstration of completion of continuing education requirements adopted by the board as a condition of renewal. It is not a condition of renewal that an applicant who qualified for licensure as a licensed registered nurse continue to be licensed as a registered nurse.
[PL 2007, c. 402, Pt. AA, §8 (AMD).]
2.  Late renewal.
An application made no more than 90 days past the date of expiration of a license must include a late fee in addition to the renewal fee as set under section 12514‑A. An application received more than 90 days past the expiration date is subject to all requirements covering new applicants under this chapter.
[PL 2007, c. 402, Pt. AA, §8 (AMD).]
SECTION HISTORY
PL 1995, c. 671, §13 (NEW). PL 2003, c. 666, §6 (AMD). PL 2007, c. 402, Pt. AA, §8 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12521. License required; licensee title

§12521. License required; licensee title
1.  License required.
A person may not practice naturopathic medicine or profess to be a naturopathic doctor in this State unless that person holds a current, valid license from the board to practice naturopathic medicine.
[PL 1995, c. 671, §13 (NEW).]
2.  Title.
A licensee must use the title "naturopathic doctor." Naturopathic doctors have the exclusive right to the use of the terms "naturopathic doctor," "naturopathic," "naturopath," "doctor of naturopathic medicine," "doctor of naturopathy," "naturopathic medicine," "naturopathic health care," "naturopathy" and the recognized abbreviation "N.D." Use of the title "physician" by the licensee is prohibited.
[PL 1997, c. 210, §13 (AMD).]
SECTION HISTORY
PL 1995, c. 671, §13 (NEW). PL 1997, c. 210, §13 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12523. Application

§12523. Application
This chapter is not intended to prohibit or restrict:   [PL 1995, c. 671, §13 (NEW).]
1.  Practice within authorized scope of practice.
The practice of a profession by individuals who are licensed, certified or registered under other laws of this State and are performing services within the authorized scope of practice;
[PL 1995, c. 671, §13 (NEW).]
2.  Individual performing duties prescribed by federal laws.
The practice of naturopathic medicine by an individual employed by the Federal Government while the individual is engaged in the performance of duties prescribed by the laws and regulations of the United States;
[PL 1995, c. 671, §13 (NEW).]
3.  Duly licensed elsewhere.
The practice by a naturopathic doctor duly licensed in another state, territory or the District of Columbia when that naturopathic doctor is incidentally called into this State for consultation with a licensed doctor; or
[PL 1995, c. 671, §13 (NEW).]
4.  Students.
The practice of naturopathic medicine by students enrolled in an approved naturopathic medical college. Services must be performed pursuant to a course of instruction or assignments from an instructor and under the supervision of the instructor. The instructor must be a naturopathic doctor licensed pursuant to this chapter.
[PL 1995, c. 671, §13 (NEW).]
SECTION HISTORY
PL 1995, c. 671, §13 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12524. Public health authority and responsibility

§12524. Public health authority and responsibility
A naturopathic doctor is a licensed doctor and has the same authority and responsibility as other licensed doctors regarding public health laws, reportable disease and conditions, communicable disease control and prevention, recording of vital statistics, health and physical examinations and local boards of health, except that this authority is limited to activity consistent with the scope of practice authorized by this chapter.   [PL 1995, c. 671, §13 (NEW).]
SECTION HISTORY
PL 1995, c. 671, §13 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12525. Qualification for licensure

§12525. Qualification for licensure
1.  Qualification for licensure.
To be eligible for a license to practice naturopathic medicine, the applicant must:
A. Be a graduate of an approved naturopathic medical college and pass or have passed a competency-based examination approved by the board, covering the appropriate naturopathic subjects, including basic and clinical sciences;   [PL 1995, c. 671, §13 (NEW).]
B. [PL 2007, c. 402, Pt. AA, §9 (RP).]
B-1. Be trustworthy and competent;   [PL 2007, c. 402, Pt. AA, §9 (NEW).]
C. Be physically and mentally capable of safely practicing naturopathic medicine with or without reasonable accommodation;   [PL 1995, c. 671, §13 (NEW).]
D. Have had no license to practice naturopathic medicine refused, revoked or suspended by any other state or country for reasons that relate to the applicant's ability to skillfully and safely practice naturopathic medicine unless that license has been restored to good standing by that state or country; and   [PL 1995, c. 671, §13 (NEW).]
E. File an application and pay the licensing fees established under section 12526.   [PL 2003, c. 666, §7 (AMD).]
[PL 2007, c. 402, Pt. AA, §9 (AMD).]
2.  Conditional licensure.
[PL 2007, c. 402, Pt. AA, §9 (RP).]
3.  Naturopathic acupuncture specialty certification.
In order to practice naturopathic acupuncture, a naturopathic doctor must obtain a naturopathic acupuncture specialty certification from the board. The board may issue this specialty certification to a naturopathic doctor who has:
A. Submitted an application and a certification fee established under section 12526;   [PL 2003, c. 666, §8 (AMD).]
B. Completed an acupuncture program approved by the board that includes 1,000 hours of classroom training and 300 hours of supervised clinical training; and   [PL 1995, c. 671, §13 (NEW).]
C. Passed an examination administered by the National Commission for the Certification of Acupuncturists and Oriental Medicine, or its successor or other organization approved by the board.   [PL 2007, c. 402, Pt. AA, §9 (AMD).]
[PL 2007, c. 402, Pt. AA, §9 (AMD).]
4.  Disclosures.
Naturopathic doctors shall:
A. Clearly disclose to each patient and on all printed material that their training is in naturopathic medicine;   [PL 1995, c. 671, §13 (NEW).]
B. Openly display their license, attaching renewals and specialty certifications when applicable; and   [PL 1995, c. 671, §13 (NEW).]
C. When practicing without malpractice insurance, disclose to each patient that they do not have insurance.   [PL 1995, c. 671, §13 (NEW).]
[PL 1995, c. 671, §13 (NEW).]
SECTION HISTORY
PL 1995, c. 671, §13 (NEW). PL 2003, c. 666, §§7,8 (AMD). PL 2007, c. 402, Pt. AA, §9 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12525-A. Licensure by endorsement

§12525-A. Licensure by endorsement
Notwithstanding any provision of this subchapter 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 subchapter 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 subchapter.   [PL 2021, c. 642, §36 (NEW).]
SECTION HISTORY
PL 2021, c. 642, §36 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12526. Fees, renewals and continuing education

§12526. Fees, renewals and continuing education
1.  Fees.
The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any application may not exceed $200, the fee for initial and renewal licensure may not exceed $675 annually and the fee for initial and renewal specialty certification may not exceed $50 annually. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2003, c. 666, §9 (RPR); PL 2011, c. 286, Pt. B, §5 (REV).]
2.  Renewal.
A license to practice naturopathic medicine and a specialty certification must be renewed annually and be accompanied by the required renewal fee established in subsection 1.
[PL 2003, c. 666, §10 (AMD).]
3.  Continuing education.
When renewing a license, a naturopathic doctor must certify to successful completion of continuing education. The minimum continuing education requirement for license renewal is 25 hours annually, at least 7 hours of which must be in pharmacology. Naturopathic doctors who possess a certification in naturopathic acupuncture must complete an additional 15 hours of board-approved continuing education annually, specific to that specialty. The board may further define and implement these continuing education requirements through rulemaking.
[PL 2007, c. 402, Pt. AA, §10 (AMD).]
SECTION HISTORY
PL 1995, c. 671, §13 (NEW). PL 1999, c. 257, §7 (AMD). PL 2003, c. 666, §§9,10 (AMD). PL 2007, c. 402, Pt. AA, §10 (AMD). PL 2011, c. 286, Pt. B, §5 (REV).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12531. License required

§12531. License required
1.  License required.
Beginning January 1, 2020, a person may not practice, offer to practice or profess to be authorized to practice midwifery, or hold oneself out to the public, as a midwife licensed in this State or use the words "certified professional midwife" or "certified midwife" or the letters "C.P.M." or "C.M." or other words or letters to indicate that the person using the words or letters is a licensed certified midwife or licensed certified professional midwife or that may misrepresent to the public that the person is authorized to practice midwifery in this State, unless that person is licensed in accordance with this subchapter.
[PL 2015, c. 502, §11 (NEW).]
2.  National certification.
This section is not intended to prohibit persons holding national certifications as midwives from identifying themselves as holding such certifications, so long as those persons are not practicing midwifery or professing to be authorized to practice midwifery in this State.
[PL 2015, c. 502, §11 (NEW).]
3.  Individual license.
Only an individual may be licensed under this subchapter.
[PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12532. Persons and practices exempt

§12532. Persons and practices exempt
Nothing in this subchapter may be construed as preventing:   [PL 2015, c. 502, §11 (NEW).]
1.  Licensed persons.
A person licensed in this State by any other law who is performing services within that person's authorized scope of practice from engaging in the profession or occupation for which the person is licensed, including midwives authorized and licensed as advanced practice registered nurses under the State Board of Nursing to practice as certified nurse midwives;
[PL 2015, c. 502, §11 (NEW).]
2.  Students.
Midwifery services provided by student midwives acting under the direct supervision of a qualified midwife preceptor;
[PL 2015, c. 502, §11 (NEW).]
3.  Religious or cultural traditions.
A traditional birth attendant from practicing midwifery without a license if the traditional birth attendant has cultural or religious traditions that have historically included the attendance of traditional birth attendants at births and that birth attendant serves only the women and families in that distinct cultural or religious group; or
[PL 2015, c. 502, §11 (NEW).]
4.  Emergency.
The rendering of midwifery services in the case of emergency.
[PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12533. Qualifications for licensure as a certified professional midwife

§12533. Qualifications for licensure as a certified professional midwife
An applicant for a license to practice midwifery as a certified professional midwife shall submit to the board in a format as prescribed by the board the following:   [PL 2015, c. 502, §11 (NEW).]
1.  Fee.
A completed application together with the fee established under section 12538;
[PL 2015, c. 502, §11 (NEW).]
2.  Certification.
Proof of a current and valid national certification as a certified professional midwife from the national registry of midwives; and
[PL 2015, c. 502, §11 (NEW).]
3.  Education.
Proof of successful completion of a formal midwifery education and training program as follows:
A. An educational program or institution accredited by the midwifery education accreditation council;   [PL 2015, c. 502, §11 (NEW).]
B. For an applicant certified as a certified professional midwife who is certified before January 1, 2020 and who has completed a midwifery education and training program from an educational program or institution that is not accredited by the midwifery education accreditation council, a midwifery bridge certificate; or   [PL 2015, c. 502, §11 (NEW).]
C. For an applicant who has maintained an authorization to practice midwifery as a licensed certified professional midwife in a state that does not require completion of a midwifery education and training program from an educational program or institution that is accredited by the midwifery education accreditation council, regardless of the date of that authorization, a midwifery bridge certificate.   [PL 2015, c. 502, §11 (NEW).]
[PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12534. Qualifications for licensure as a certified midwife

§12534. Qualifications for licensure as a certified midwife
An applicant for a license to practice midwifery as a certified midwife shall submit to the board in a format as prescribed by the board the following:   [PL 2015, c. 502, §11 (NEW).]
1.  Fee.
A completed application together with the fee established under section 12538;
[PL 2015, c. 502, §11 (NEW).]
2.  Certification.
Proof of a current and valid national certification as a certified midwife from the national midwifery certification board; and
[PL 2015, c. 502, §11 (NEW).]
3.  Education.
Proof of successful completion of a graduate-level education program in midwifery that is accredited by the accreditation commission for midwifery education.
[PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12534-A. Licensure by endorsement

§12534-A. Licensure by endorsement
Notwithstanding any provision of this subchapter 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 subchapter 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 subchapter.   [PL 2021, c. 642, §37 (NEW).]
SECTION HISTORY
PL 2021, c. 642, §37 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12535. Scope of practice for certified professional midwife

§12535. Scope of practice for certified professional midwife
1.  Certification.
A certified professional midwife may not practice without a current and valid certification.
[PL 2015, c. 502, §11 (NEW).]
2.  National standards.
A certified professional midwife shall at all times practice within the scope of practice and national standards as delineated by the national association of certified professional midwives.
[PL 2015, c. 502, §11 (NEW).]
3.  Medical testing and supplies.
The scope of practice of a certified professional midwife includes authorization to order and interpret medical laboratory tests and ultrasound scanning and to obtain equipment and supplies necessary for the safe practice of midwifery.
[PL 2015, c. 502, §11 (NEW).]
4.  Administration of drugs.
The scope of practice of a certified professional midwife includes the authority to obtain and administer certain drugs as determined by board rule. The board shall limit the drug formulary for certified professional midwives to only those medications that are indicated for the safe conduct of pregnancy, labor and birth and care of women and newborns and that a midwife is educationally prepared to administer and monitor. These may not include schedule II, III or IV drugs as defined in the federal Controlled Substances Act of 1970, 21 United States Code, Section 812.
[PL 2015, c. 502, §11 (NEW).]
5.  Board rules.
Clarifications of the scope of practice of a certified professional midwife may be established by board rule.
[PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12536. Limitations on scope of practice for certified professional midwife

§12536. Limitations on scope of practice for certified professional midwife
1.  Limitations.
Certified professional midwives must refer clients to a hospital-based perinatal care provider and may not provide birth services to parents in a home or freestanding birth center setting when there is a reasonable likelihood that any of the following conditions exist:
A. Multifetal gestation;   [PL 2015, c. 502, §11 (NEW).]
B. Breech presentation;   [PL 2015, c. 502, §11 (NEW).]
C. Vaginal birth after a cesarean section; and   [PL 2015, c. 502, §11 (NEW).]
D. Conditions that present a moderate or high risk of harm to parent or child as defined in board rule.   [PL 2015, c. 502, §11 (NEW).]
[PL 2015, c. 502, §11 (NEW).]
2.  Rules.
Notwithstanding subsection 1, the board and the Board of Licensure in Medicine, jointly, prior to January 1, 2021 or the board beginning January 1, 2021 may adopt rules relating to the provision of birth services by certified professional midwives in cases in which there is a reasonable likelihood that any condition identified in subsection 1 exists.
[PL 2015, c. 502, §11 (NEW).]
3.  Contingent repeal.
Any paragraph in subsection 1 the subject matter of which is addressed in a rule or rules adopted pursuant to subsection 2 is repealed after the effective date of the rule or rules upon notification from the Director of the Office of Professional and Occupational Regulation within the department, or the commissioner, to the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes that the rule or rules have been adopted.
[PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12537. Scope of practice for certified midwife

§12537. Scope of practice for certified midwife
1.  Certification.
A certified midwife may not practice without a current and valid certification.
[PL 2015, c. 502, §11 (NEW).]
2.  Standards.
A certified midwife shall at all times practice within the scope of practice and national standards as delineated by the national college of nurse midwives.
[PL 2015, c. 502, §11 (NEW).]
3.  Medical testing and supplies.
The scope of practice of a certified midwife includes authorization to order and interpret medical laboratory tests, to perform ultrasound scanning and to obtain equipment and supplies necessary for the safe practice of midwifery.
[PL 2015, c. 502, §11 (NEW).]
4.  Prescriptive authority.
The scope of practice of a certified midwife includes prescriptive authority, which may not include schedule II drugs. As used in this subsection, "schedule II drug" has the same meaning as in the federal Controlled Substances Act of 1970, 21 United States Code, Section 812.
[PL 2015, c. 502, §11 (NEW).]
5.  Board rules.
Clarifications of the scope of practice of a certified midwife may be established by board rule, consistent with national standards.
[PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12538. Fees and renewals

§12538. Fees and renewals
1.  Fees.
The Director of the Office of Professional and Occupational Regulation within the department may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for initial and renewal licensure may not exceed $675 annually. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2015, c. 502, §11 (NEW).]
2.  Renewal.
A license issued under this subchapter expires on the stated expiration date as determined by the commissioner. Prior to expiration of a license, a licensee may make an application in a format as determined by the commissioner for renewal and upon payment of the renewal fee as set pursuant to subsection 1. A license may not be issued until the applicant certifies to the board that the applicant has completed the continuing education requirements adopted by the board.
[PL 2015, c. 502, §11 (NEW).]
3.  Late renewal.
Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set pursuant to subsection 1. A person who submits an application for renewal more than 90 days after the date of expiration is subject to all requirements governing new applicants under this subchapter, except that the board, giving due consideration to the protection of the public, may waive any such requirement if that renewal application is received, together with the late fee and renewal fee, within 2 years from the date of the expiration.
[PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12539. Data collection and reporting for a licensed midwife

§12539. Data collection and reporting for a licensed midwife
1.  Report.
Beginning February 1, 2017, and on each February 1st thereafter, a midwife licensed under this subchapter shall report to the board, in a form specified by the board, the following information regarding cases in which the midwife assisted during the previous calendar year when the intended place of birth at the onset of care was an out-of-hospital setting:
A. The total number of clients served as primary maternity caregiver at the onset of care;   [PL 2015, c. 502, §11 (NEW).]
B. The number, by county, of live births attended as primary maternity caregiver;   [PL 2015, c. 502, §11 (NEW).]
C. The number, by county, of cases of fetal demise, infant deaths and maternal deaths attended as primary maternity caregiver at the discovery of the demise or death;   [PL 2015, c. 502, §11 (NEW).]
D. The number of women whose primary maternity care was transferred to another health care practitioner during the antepartum period and the reason for transfer;   [PL 2015, c. 502, §11 (NEW).]
E. The number, reason for and outcome of each nonemergency transfer during the intrapartum or postpartum period;   [PL 2015, c. 502, §11 (NEW).]
F. The number, reason for and outcome of each urgent or emergency transport of an expectant mother in the antepartum period;   [PL 2015, c. 502, §11 (NEW).]
G. The number, reason for and outcome of each urgent or emergency transport of an infant or mother during the intrapartum or immediate postpartum period;   [PL 2015, c. 502, §11 (NEW).]
H. The number of planned out-of-hospital births at the onset of labor and the number of births completed in an out-of-hospital setting;   [PL 2015, c. 502, §11 (NEW).]
I. A brief description of any complications resulting in the morbidity or mortality of a mother or a neonate; and   [PL 2015, c. 502, §11 (NEW).]
J. Any information required by the board in rules.   [PL 2015, c. 502, §11 (NEW).]
[PL 2015, c. 502, §11 (NEW).]
2.  Penalty.
Failure to comply with the reporting requirements under subsection 1 is grounds for discipline by the board.
[PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12540. Qualified immunity

§12540. Qualified immunity
Other health care practitioners or health care providers, as defined in Title 24, section 2502, subsections 1‑A and 2, respectively, are immune from civil liability for any injuries or death resulting from the acts or omissions of a midwife. Notwithstanding any inconsistent provisions of any public or private and special law, a health care practitioner or health care provider who consults or collaborates with a midwife or accepts transfer of care of clients of a midwife is not liable for damages for injuries or death alleged to have occurred by reason of an act or omission, unless it is established that the injuries or the death were caused willfully, wantonly or recklessly or by gross negligence on the part of the health care practitioner or health care provider.   [PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12541. Informed consent to care

§12541. Informed consent to care
In a format accepted by the board, a midwife licensed under this subchapter attending a birth at a home or freestanding birth center shall provide each client with and maintain a record of a signed informed consent to care form that describes the midwife's education and credentials, written practice guidelines, services provided, whether the midwife has professional liability insurance coverage, procedures and risks of birth in the client's chosen environment, components of the emergency plan and the address and telephone number of the board where complaints may be filed. The board shall establish by rule a form for this purpose.   [PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12542. Public health authority and responsibility

§12542. Public health authority and responsibility
A certified professional midwife or certified midwife is a licensed health care provider and has the same authority and responsibility as other licensed health care providers regarding public health laws, reportable disease and conditions, communicable disease control and prevention, recording of vital statistics, health and physical examinations and local boards of health, except that this authority is limited to activity consistent with the scope of practice authorized by this subchapter.   [PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 4: MIDWIFERY LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12543. Disciplinary actions

§12543. Disciplinary actions
1.  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 2015, c. 502, §11 (NEW).]
2.  Consultation.
In any disciplinary actions involving consultation between midwives and physicians, informed consent, transport, transfer of care, scope of practice, drug formulary or standards of care, the board shall act in consultation with the Board of Licensure in Medicine but is not bound by that board's recommendations.
[PL 2015, c. 502, §11 (NEW).]
3.  Reinstatement after revocation.
An application for reinstatement may be made to the board one year from the date of revocation of a license. The board may accept or reject the application for reinstatement and hold a hearing to consider reinstatement.
[PL 2015, c. 502, §11 (NEW).]
SECTION HISTORY
PL 2015, c. 502, §11 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 5: AURICULAR ACUPUNCTURE DETOXIFICATION LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12551. License required; licensee title; scope of practice; limitations

§12551. License required; licensee title; scope of practice; limitations
1.  License required.
A person may not practice, offer to practice or profess to be authorized to practice auricular acupuncture detoxification or represent to the public that the person is an acupuncture detoxification specialist unless licensed by the board pursuant to this subchapter.
[PL 2019, c. 269 (NEW).]
2.  Title.
A person licensed under this subchapter may use the title "licensed acupuncture detoxification specialist" and the designation "A.D.S." or "L.A.D.S." but may not represent to the public that the person is an acupuncturist.
[PL 2019, c. 269 (NEW).]
3.  Scope of practice.
Auricular acupuncture detoxification is the subcutaneous insertion of sterile, single‑use disposable acupuncture needles in consistent, predetermined bilateral locations on the outer ear according to national acupuncture detoxification association protocol for the purpose of treatment of substance use and co‑occurring disorders. The practice is limited to the outer ear.
[PL 2019, c. 269 (NEW).]
4.  Limitations.
An acupuncture detoxification specialist:
A. May not perform acupuncture outside of the scope of practice of auricular acupuncture detoxification;   [PL 2019, c. 269 (NEW).]
B. May provide auricular acupuncture detoxification only under the general supervision of a licensed acupuncturist whose license is in good standing. The supervising acupuncturist must, at a minimum, be available by telephone or electronic means during business hours and shall conduct at least 2 in‑person visits or visits through videoconferencing with the acupuncture detoxification specialist during the first year the supervising acupuncturist oversees the work of the acupuncture detoxification specialist; and   [PL 2019, c. 269 (NEW).]
C. May provide auricular acupuncture detoxification in, or in collaboration with, a program for substance use and co‑occurring disorders or other state‑approved program. An acupuncture detoxification specialist shall provide documentation to the program administrator demonstrating that the acupuncture detoxification specialist possesses a record of completion of training in auricular acupuncture detoxification from the national acupuncture detoxification association or completion of other board‑approved auricular acupuncture detoxification training.   [PL 2019, c. 269 (NEW).]
[PL 2019, c. 269 (NEW).]
SECTION HISTORY
PL 2019, c. 269 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 5: AURICULAR ACUPUNCTURE DETOXIFICATION LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12552. Qualifications for licensure as an acupuncture detoxification specialist

§12552. Qualifications for licensure as an acupuncture detoxification specialist
1.  Qualifications.
To be eligible for licensure as an acupuncture detoxification specialist under this subchapter, the applicant must hold a valid unrestricted Maine license as a:
A. Certified alcohol and drug counselor or licensed alcohol and drug counselor;   [PL 2019, c. 269 (NEW).]
B. Physician or physician assistant;   [PL 2019, c. 269 (NEW).]
C. Nurse or nurse practitioner;   [PL 2019, c. 269 (NEW).]
D. Professional counselor or clinical professional counselor;   [PL 2019, c. 269 (NEW).]
E. Psychologist; or   [PL 2019, c. 269 (NEW).]
F. Licensed social worker, conditional licensed social worker, licensed clinical social worker or licensed master social worker, conditional.   [PL 2019, c. 269 (NEW).]
[PL 2019, c. 269 (NEW).]
2.  Requirements for license.
To apply for licensure under this subchapter, the applicant shall submit to the board the following:
A. Evidence of having completed training in auricular acupuncture detoxification from the national acupuncture detoxification association or other board-approved auricular acupuncture detoxification training;   [PL 2019, c. 269 (NEW).]
B. The identity of the licensed acupuncturist who will be supervising the applicant in accordance with section 12551, subsection 4, paragraph B; and   [PL 2019, c. 269 (NEW).]
C. A fee as set under section 12554.   [PL 2019, c. 269 (NEW).]
[PL 2019, c. 269 (NEW).]
SECTION HISTORY
PL 2019, c. 269 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 5: AURICULAR ACUPUNCTURE DETOXIFICATION LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12552-A. Licensure by endorsement

§12552-A. Licensure by endorsement
Notwithstanding any provision of this subchapter 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 subchapter 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 subchapter.   [PL 2021, c. 642, §38 (NEW).]
SECTION HISTORY
PL 2021, c. 642, §38 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 5: AURICULAR ACUPUNCTURE DETOXIFICATION LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12553. Rulemaking

§12553. Rulemaking
The board may adopt rules necessary to implement this subchapter and set standards for acupuncture detoxification specialists. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2019, c. 269 (NEW).]
SECTION HISTORY
PL 2019, c. 269 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 5: AURICULAR ACUPUNCTURE DETOXIFICATION LICENSING REQUIREMENTS AND SCOPE OF PRACTICE › 32 §12554. Fees and renewal

§12554. Fees and renewal
1.  Fees.
The Director of the Office of Professional and Occupational Regulation within the department may establish by rule fees for the purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for initial and renewal licensure may not exceed $675 annually. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2019, c. 269 (NEW).]
2.  Renewal.
A license issued under this subchapter expires on the stated expiration date as determined by the commissioner. To maintain licensure, prior to expiration of a license, a licensee shall apply for renewal, pay the required fee and identify the supervising licensed acupuncturist in accordance with section 12551, subsection 4, paragraph B.
[PL 2019, c. 269 (NEW).]
3.  Late renewal.
A license may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set pursuant to subsection 1. A person who submits an application for renewal more than 90 days after the date of expiration is subject to all requirements governing new applicants under this subchapter, except that the board, giving due consideration to the protection of the public, may waive any such requirement if that renewal application is received, together with the late fee and renewal fee, within 2 years from the date of the expiration.
[PL 2019, c. 269 (NEW).]
SECTION HISTORY
PL 2019, c. 269 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 6: COMPLEMENTARY AND ALTERNATIVE HEALTH CARE › 32 §12601. Short title

§12601. Short title
This subchapter may be known and cited as "the Right To Practice Complementary and Alternative Health Care Act."   [PL 2019, c. 265, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 265, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 7: TELEHEALTH SERVICES › 32 §12611. Definitions

§12611. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2021, c. 291, Pt. B, §18 (NEW).]
1.  Asynchronous encounter.
"Asynchronous encounter" means an interaction between a patient and a person licensed under this chapter through a system that has the ability to store digital information, including, but not limited to, still images, video files, audio files, text files and other relevant data, and to transmit such information without requiring the simultaneous presence of the patient and the person licensed under this chapter.
[PL 2021, c. 291, Pt. B, §18 (NEW).]
2.  Store and forward transfer.
"Store and forward transfer" means the transmission of a patient's records through a secure electronic system to a person licensed under this chapter.
[PL 2021, c. 291, Pt. B, §18 (NEW).]
3.  Synchronous encounter.
"Synchronous encounter" means a real-time interaction conducted with an interactive audio or video connection between a patient and a person licensed under this chapter or between a person licensed under this chapter and another health care provider.
[PL 2021, c. 291, Pt. B, §18 (NEW).]
4.  Telehealth services.
"Telehealth services" means health care services delivered through the use of information technology and includes synchronous encounters, asynchronous encounters, store and forward transfers and telemonitoring.
[PL 2021, c. 291, Pt. B, §18 (NEW).]
5.  Telemonitoring.
"Telemonitoring" means the use of information technology to remotely monitor a patient's health status via electronic means, allowing the person licensed under this chapter to track the patient's health data over time. Telemonitoring may be synchronous or asynchronous.
[PL 2021, c. 291, Pt. B, §18 (NEW).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §18 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 7: TELEHEALTH SERVICES › 32 §12612. Telehealth services permitted

§12612. Telehealth services permitted
A person licensed under this chapter may provide telehealth services as long as the licensee acts within the scope of practice of the licensee's license, in accordance with any requirements and restrictions imposed by this subchapter and in accordance with standards of practice.   [PL 2021, c. 291, Pt. B, §18 (NEW).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §18 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS › Subchapter 7: TELEHEALTH SERVICES › 32 §12613. Confidentiality

§12613. 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, §18 (NEW).]
SECTION HISTORY
PL 2021, c. 291, Pt. B, §18 (NEW).