reglab/statecodes huggingface dataset:
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 5 - COLLABORATIVE DRUG THERAPY MANAGEMENT(Board of Licensure in Medicine) › Section 373-5-4 - Treatment Protocol Content

Current through 2024-29, July 17, 2024
A treatment protocol shall describe the activities that the
				  pharmacist is authorized to engage in and must, at a minimum, include the
				  requirements set forth below.
1.
Informed Consent Procedures
.The protocol shall specify the
				procedures for obtaining informed consent from each patient involved in the
				drug therapy management, which consent shall include the patients' consent to
				release all relevant medical information to both the practitioner and the
				pharmacist.
2.
Scope of
				Activities
.A description of the activities the pharmacist is authorized
				to engage in, including the procedures, decision criteria, or plan the
				pharmacist shall follow when providing drug therapy management pursuant to a
				medical order from the practitioner.
3.
Documentation
.A description
				of the manner in which the pharmacist shall document all activities involved in
				providing drug therapy management in collaboration with a
				practitioner.
4.
Communication
.A description of the procedures the pharmacist shall
				follow for reporting activities and results to the practitioner, including but
				not limited to:
A. A description of the
				timeframe in which the pharmacist must relay normal test results to the
				practitioner, not to exceed one week for routine results and twenty-four hours
				for abnormal results; and
B. A
				description of the timeframe in which the pharmacist must relay adverse drug
				events, not to exceed twenty-four hours.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 5 - COLLABORATIVE DRUG THERAPY MANAGEMENT(Board of Licensure in Medicine) › Section 373-5-5 - Notifications

Current through 2024-29, July 17, 2024
A pharmacist shall notify both the Board and the board that
				  licenses the practitioner of the occurrence of any of the following changes no
				  later than 10 days after the change:
1. Any modification to a collaborative
				practice agreement, which notification must include a copy of the amended
				collaborative practice agreement, which must be signed and dated in accordance
				with section 3(2) of this rule;
2.
				Any modification to a treatment protocol, which notification must include a
				copy of the amended treatment protocol; and
3. Any change in liability insurance, which
				notification must include proof of existing liability insurance, i.e., a
				liability insurance policy certificate.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 5 - COLLABORATIVE DRUG THERAPY MANAGEMENT(Board of Licensure in Medicine) › Section 373-5-6 - Recordkeeping Requirements

Current through 2024-29, July 17, 2024
Records received or created by a pharmacist pursuant to this
				  chapter are subject to the record retention and production requirements of
				  Chapter 24 of the Board's rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 5 - COLLABORATIVE DRUG THERAPY MANAGEMENT(Board of Licensure in Medicine) › Section 373-5-7 - Complaints

Current through 2024-29, July 17, 2024
In the event that the Board or the licensing board that
				  licenses the practitioner receives a complaint related to a collaborative
				  practice agreement, the boards may share the complaint and any investigative
				  information obtained during an investigation of the complaint, as permitted
				  under
				  10 MRS
				  §8003-B(2).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 5 - COLLABORATIVE DRUG THERAPY MANAGEMENT(Board of Licensure in Medicine) › Section 373-5-8 - Duty to Report Disciplinary Action

Current through 2024-29, July 17, 2024
1. Any party to a
				collaborative practice agreement who has had disciplinary action taken against
				any professional license held by that party shall report such disciplinary
				action to all other parties to the agreement and to the licensing boards of
				those parties within 10 days of the disciplinary action.
2. The Board and the Board of Licensure in
				Medicine shall notify each other of any disciplinary action against the
				professional licensees who are party to a collaborative practice agreement as
				soon as practicable.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 6 - TELEMEDICINE STANDARDS OF PRACTICE › Section 373-6-1 - STATEMENT REGARDING TELEMEDICINE

Current through 2024-29, July 17, 2024
1. The Board
				recognizes that technological advances have made it possible for licensees in
				one location to provide health care to patients in another location with or
				without an intervening health care provider.
2. Telemedicine is a useful tool that, if
				applied appropriately, can provide important benefits to patients, including
				increased access to health care, expanded utilization of specialty expertise,
				rapid availability of patient records, and potential cost savings.
3. The Board advises that licensees using
				telemedicine in providing health care will be held to the same standards of
				care and professional ethics as licensees providing traditional in-person
				health care.
4. Failure to conform
				to the appropriate standards of care or professional ethics while using
				telemedicine in providing health care may subject the licensee to potential
				discipline by the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 6 - TELEMEDICINE STANDARDS OF PRACTICE › Section 373-6-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. "Asynchronous store-and-forward
				transmission" means the collection of a patient's relevant health information
				and the subsequent transmission of the information from an originating site to
				a health care provider at a distant site without the presence of the
				patient.
2. "Board" means the Maine
				Board of Licensure in Medicine or the Board of Osteopathic Licensure.
3. "Distant site" means the location of the
				licensee providing telemedicine services.
4. "In-person encounter" means that the
				licensee and the patient are in the physical presence of each other and are in
				the same physical location during the physician-patient encounter.
5. "Licensee" means a physician or physician
				assistant licensed or registered by the Board.
6. "Originating site" means the location of
				the patient at the time of the examination, diagnosis, consultation or
				treatment.
7. "Patient-Physician
				Relationship
"
has the same meaning as defined by Opinion 10.015 in
				the American Medical Association Code of Medical Ethics 2014-2015
				Edition.
8. "Synchronous" means an
				interactive telemedicine encounter between a patient and a licensee that occurs
				at the same time.
9. "Telemedicine"
				means the practice of medicine or the rendering of health care services using
				electronic audio-visual communications and information technologies or other
				means, including interactive audio with asynchronous store-and-forward
				transmission, between a licensee in one location and a patient in another
				location with or without an intervening health care provider. Telemedicine
				includes asynchronous store-and-forward technologies, remote monitoring, and
				real-time interactive services, including teleradiology and telepathology.
				Telemedicine shall not include the provision of medical services only through
				an audio-only telephone, e-mail, instant messaging, facsimile transmission, or
				U.S. mail or other parcel service, or any combination thereof.
10. "Telemedicine technologies" means
				technologies and devices enabling secure electronic communications and
				information exchanges between a licensee in one location and a patient in
				another location with or without an intervening health care provider.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 6 - TELEMEDICINE STANDARDS OF PRACTICE › Section 373-6-3 - PRACTICE GUIDELINES

Current through 2024-29, July 17, 2024
1. A licensee who
				uses telemedicine shall utilize evidence-based telemedicine practice guidelines
				and standards of practice, to the degree they are available, to ensure patient
				safety, quality of care, and positive outcomes. The Board acknowledges that
				some nationally recognized medical specialty organizations have established
				comprehensive telemedicine practice guidelines that address the clinical and
				technological aspects of telemedicine for many medical specialties.
2. MAINE MEDICAL LICENSE REQUIRED
A licensee who uses telemedicine in the examination,
				  diagnosis, consultation or treatment of a patient located in Maine shall hold
				  an active Maine medical license or shall hold an active registration in Maine
				  to provide interstate consultative telemedicine services.
3. STANDARDS OF CARE AND PROFESSIONAL ETHICS
A licensee who uses telemedicine in providing health care
				  shall be held to the same standards of care and professional ethics as a
				  licensee using traditional in-person encounters with patients. Failure to
				  conform to the appropriate standards of care or professional ethics while using
				  telemedicine may be a violation of the laws and rules governing the practice of
				  medicine and may subject the licensee to potential discipline by the
				  Board.
4. SCOPE OF PRACTICE
A licensee who uses telemedicine in providing health care
				  shall ensure that the services provided are consistent with the licensee's
				  scope of practice, including the licensee's education, training, experience,
				  ability, licensure, and certification.
5. IDENTIFICATION OF PATIENT AND PHYSICIAN
A licensee who uses synchronous telemedicine technology in
				  providing health care shall verify the identity of the patient and ensure that
				  the patient has the ability to verify the identity, licensure status,
				  certification, and credentials of all health care providers who provide
				  telemedicine services prior to the provision of care.
6. PHYSICIAN-PATIENT RELATIONSHIP
A. A licensee who uses telemedicine in
				providing health care shall establish a valid physician-patient relationship
				with the person who receives telemedicine services. The physician-patient
				relationship begins when:
(1) The person with
				a health-related matter seeks assistance from the licensee;
(2) The licensee agrees to undertake
				examination, diagnosis, consultation or treatment of the person; and
(3) The person agrees to receive health care
				services from the licensee whether or not there has been an in-person encounter
				between the licensee and the person.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 10 - SEXUAL MISCONDUCT › Section 373-10-2 - SANCTIONS

Current through 2024-29, July 17, 2024
If the Board finds that a licensee has engaged in sexual
				  misconduct as defined in section
				  1 of these rules the licensee shall be
				  disciplined in accordance with these rules.
1. All disciplinary sanctions under
				32 M.R.S.
				§2591-A,
				32 M.R.S.
				§3282-A and 10 M.R.S. §8003 are
				applicable.
2. Sexual Violations.
				Findings of sexual violations are egregious enough to warrant revocation of a
				physician/physician assistant's license. The Board may, at times, find that
				mitigating circumstances do exist and may impose a lesser sanction.
3. Sexual Impropriety. Findings of sexual
				impropriety will result in harsh sanction, which may include
				revocation.
4. Factors affecting
				sanctions. Special consideration should be given to at least the following
				factors when determining an appropriate sanction:
a. patient and/or key third party
				harm;
b. opportunity (type of
				practice) for past/future misconnduct;
c. severity of impropriety or inappropriate
				behavior;
d. context within which
				the impropriety or inappropriate behavior occurred;
e. culpability of licensee;
f. psychotherapeutic relationship;
g. existence of a physician/physician
				assistant-patient and/or key third party relationship;
h. scope and depth of the physician/physician
				assistant relationship with the patient and/or key third party;
i. inappropriate termination of
				physician/physician assistant-patient relationship;
j. age and competence of the patient and/or
				key third party;
k. physical/mental
				capacity of the patient and/or key third party;
l. vulnerability of the patient and/or key
				third party;
m. number of times
				behavior occurred;
n. number of
				patients and/or key third parties involved;
o. period of time relationship existed;
p. evaluation/assessment
				results;
q. prior professional
				disciplinary history; and
r. 
				recommendation(s) of assessing/treating professional(s).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 11 - JOINT RULE REGARDING TELEHEALTH STANDARDS OF PRACTICE › Section 373-11-1 - STATEMENT REGARDING TELEHEALTH

Current through 2024-29, July 17, 2024
1. The Board
				recognizes that technological advances have made it possible for licensees in
				one location to provide health care to patients in another location with or
				without an intervening health care provider.
2. Telehealth is a useful tool that, if
				applied appropriately, can provide important benefits to patients, including
				increased access to health care, expanded utilization of specialty expertise,
				rapid availability of patient records, and potential cost savings.
3. The Board advises that licensees using
				telehealth in providing health care will be held to the same standards of care
				and professional ethics as licensees providing traditional in-person health
				care.
4. Failure to conform to the
				appropriate standards of care or professional ethics while using telehealth in
				providing health care may subject the licensee to potential discipline by the
				Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 11 - JOINT RULE REGARDING TELEHEALTH STANDARDS OF PRACTICE › Section 373-11-3 - PRACTICE GUIDELINES

Current through 2024-29, July 17, 2024
1. A licensee who
				uses telehealth shall utilize evidence-based telehealth practice guidelines and
				standards of practice, to the degree they are available, to ensure patient
				safety, quality of care, and positive outcomes. The Board acknowledges that
				some nationally recognized medical specialty and nursing specialty
				organizations have established comprehensive telehealth practice guidelines
				that address the clinical and technological aspects of telehealth for many
				health care specialties.
2. MAINE
				LICENSE REQUIRED
A. Physicians, physician
				assistants and advanced practice registered nurses who use telehealth in the
				examination, diagnosis, consultation or treatment of a patient located in Maine
				shall hold an active Maine license or shall hold an active registration in
				Maine to provide interstate consultative telemedicine services.
B. Licensed practical nurses and registered
				professional nurses who use telehealth to provide nursing care services to a
				patient located in Maine shall hold an active Maine nursing license or an
				active multistate license in a nurse compact state.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 12 - JOINT RULE REGARDING OFFICE BASED TREATMENT OF OPIOID USE DISORDER › Section 373-12-2 - PURPOSE

Current through 2024-29, July 17, 2024
The Board is obligated under the laws of the State of Maine
				  to protect the public health and safety. The Board recognizes that medical and
				  advanced nursing practice dictate that the people of the State of Maine have
				  access to appropriate, empathetic and effective treatment of opioid use
				  disorder (OUD). This rule establishes minimum requirements for qualified Office
				  Based Opioid Treatment (OBOT) clinicians to prescribe, and in limited
				  circumstances, dispense approved medications to individuals requiring and
				  seeking treatment for OUD.
The Board recognizes the body of evidence regarding the
				  effectiveness of Approved Medications in the office based treatment of OUD,
				  when such treatment is delivered in accordance with current standards of care,
				  the requirements of the Drug Addiction Treatment Act of 2000 (DATA 2000), and
				  this joint rule. Overdoses and deaths due to approved medications can occur and
				  have been reported. Most overdoses, especially fatal ones, involve the
				  concurrent use of another central nervous system (CNS) depressant such as
				  benzodiazepines, other opioids, or alcohol. Approved Medications such as
				  buprenorphine also pose a significant risk to non-tolerant individuals,
				  especially children. The goal is to provide appropriate treatment of the
				  patient's OUD (either directly or through referral), while adequately
				  addressing other aspects of the patient's functioning, including co-occurring
				  medical and psychiatric conditions and psychosocial issues.
The Board also recognizes the importance of appropriate
				  training and education for clinicians providing OBOT. Clinicians providing OBOT
				  are strongly encouraged to complete continuing education in OBOT and to review
				  the published guidelines of SAMHSA and ASAM that are referenced in this rule,
				  as the Board may use these guidelines, as well as other sources and outside
				  expert reviews, as the standard of care when evaluating OBOT provided by
				  clinicians.
The Board will evaluate allegations of inappropriate OBOT by
				  referring to the rules, current clinical practice guidelines, and standards of
				  care. Clinicians should not fear disciplinary action by the Board for providing
				  OBOT if they are following standards of care, established guidelines and the
				  requirements of this rule. Judgment regarding the propriety of any specific
				  course of action must be based on all of the circumstances presented, and
				  thoroughly documented in the patient's medical record.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 12 - JOINT RULE REGARDING OFFICE BASED TREATMENT OF OPIOID USE DISORDER › Section 373-12-3 - QUALIFICATIONS

Current through 2024-29, July 17, 2024
1. Clinicians who wish to provide Approved
				Medications for OUD in an OBOT must:
A. Hold a
				current license issued by the Board;
B. Hold a current controlled substance
				registration issued by the DEA;
C.
				Obtain a DATA 2000 Waiver and complete buprenorphine training in accordance
				with applicable State and federal laws, rules, and regulations;
D. When required by State law, physician
				assistants must work in collaboration with a licensed physician when
				prescribing medications for the treatment of opioid use disorder; and
E. Comply with this joint
				rule.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 12 - JOINT RULE REGARDING OFFICE BASED TREATMENT OF OPIOID USE DISORDER › Section 373-12-4 - PRESCRIPTION REQUIREMENTS

Current through 2024-29, July 17, 2024
Prescriptions for Approved Medications to treat OUD must
				  include:
1. The full identifying
				information for the patient, including the patient's name and
				address;
2. The drug name,
				strength, dosage form, and quantity;
3. Directions for use;
4. The date on which the prescription is
				signed, which must be the same day it is issued;
5. If the date the medication is to be filled
				is different from the date it is written, it must be indicated on the
				prescription;
6. Both the
				clinician's regular DEA registration number and the clinician's DATA 2000
				identification number (which begins with the prefix X) so long as the DEA
				requires and issues DATA 2000 identification numbers;
7. The appropriate ICD code; and
8. The specific DHHS exemption code for
				dosage limits (if applicable).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 12 - JOINT RULE REGARDING OFFICE BASED TREATMENT OF OPIOID USE DISORDER › Section 373-12-5 - PRINCIPLES OF PROPER OBOT

Current through 2024-29, July 17, 2024
1.
Develop and
				Maintain Competency
A. The diagnosis
				and medical management of OUD should be based on current knowledge and
				research, and should encompass the use of both pharmacologic and
				nonpharmacologic treatment modalities. Thus, before beginning to treat patients
				for opioid addiction, clinicians must be knowledgeable about OUD and its
				treatment, including the use of approved pharmacologic therapies and
				evidence-based nonpharmacologic therapies. Clinicians should consult the DEA
				regulations and the resources available on the DEA's website. Clinicians are
				encouraged to complete continuing education in OBOT and to access the following
				published guidelines on the use of medications for OUD:
1. SAMHSA - TIP 63 - Medication for Opioid
				Use Disorder; and
2. ASAM National
				Practice Guidelines For the Use of Medications in the Treatment of Addiction
				Involving Opioid Use.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 12 - JOINT RULE REGARDING OFFICE BASED TREATMENT OF OPIOID USE DISORDER › Section 373-12-6 - Telehealth Practice

Current through 2024-29, July 17, 2024
1. Telehealth is a
				useful tool that, if applied appropriately, can provide important benefits to
				patients, including increased access to health care, expanded utilization of
				specialty expertise, rapid availability of patient records, and potential cost
				savings.
2. Clinicians using
				telehealth in providing health care will be held to the same standards of care
				and professional ethics as clinicians providing traditional in-person health
				care.
3. Failure to conform to the
				appropriate standards of care or professional ethics while using telehealth in
				providing health care may subject the clinician to potential discipline by the
				Board.
4. Clinicians shall follow
				all applicable rules regarding Telehealth, including the Chapter 11 Joint Rule
				Regarding Telehealth Standards of Practice.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 14 - RULES FOR THE USE OF SEDATION AND GENERAL ANESTHESIA

Current through 2024-29, July 17, 2024
The
				adopted version of this chapter by
				filing
				2023- 008, eff.
				1/15/2023 is not yet
				available.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 21 - USE OF CONTROLLED SUBSTANCES FOR TREATMENT OF PAIN › Section 373-21-3 - APPLICABILITY OF RULE

Current through 2024-29, July 17, 2024
1.
Custodial
				Care Facilities
This rule does not apply to the treatment of patients who
				  are in-patients of any medical facility or to the treatment of patients in any
				  custodial care facilities (including nursing homes, rehabilitation facilities,
				  and assisted living facilities) where the patients do not have possession or
				  control of their medications and where the medications are dispensed or
				  administered by a licensed, certified or registered health care provider.
2.
Hospice
				Care
This rule does not apply to the treatment of patients who are
				  terminally ill and who are receiving hospice services as defined by this
				  rule.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 21 - USE OF CONTROLLED SUBSTANCES FOR TREATMENT OF PAIN › Section 373-21-4 - PRINCIPLES OF PROPER PAIN MANAGEMENT

Current through 2024-29, July 17, 2024
1.
Develop and Maintain Competence
Clinicians must achieve and maintain competence to assess and
				  treat pain to improve function. This includes understanding current,
				  evidence-based practices and using other resources and tools related to opioid
				  prescribing. In some situations, consultation with a specialist is appropriate.
				  Not all pain requires opioid treatment, and clinicians should not prescribe
				  opioids when non-opioid medication is both effective and appropriate for the
				  level of pain and function of the patient.
2.
Universal Precautions
Because of the potential harmful effects of controlled
				  substances, all clinicians prescribing them must employ Universal Precautions
				  unless unable to do so as a result of a genuine "medical emergency" as defined
				  in Section 2 of this rule. Universal Precautions is a standardized approach to
				  the assessment and ongoing management of all patients whose pain is being
				  treated with controlled substances. The Boards recognize the fact that
				  prescribing controlled substances carries with it the risk of physical and/or
				  psychological dependency in patients, regardless of a pre-existing substance
				  use disorder and that certain combinations of controlled substances and certain
				  drug dosages further increase the risk of patient overdoses. The use of
				  Universal Precautions is designed to mitigate the risk posed by prescribing
				  controlled substances while simultaneously managing patient pain and any
				  possible co-occurring medical issues. The elements of Universal Precautions are
				  detailed below.
A.
Evaluation of
				the Patient
(1)
Medical History
				and Physical
Before prescribing any controlled substances to a patient for
				  acute or chronic pain, a clinician shall perform an initial medical history and
				  appropriate physical examination and evaluation of the patient, which must be
				  documented in the patient's medical record. The documentation shall
				  include:
(a) Duration, location,
				nature and intensity of pain.
(b)
				The effect of pain on physical and psychological function, such as work,
				relationships, sleep, mood.
(c)
				Coexisting diseases or conditions.
(d) Allergies or intolerances.
(e) Current substance use.
(f) Any available diagnostic, therapeutic or
				laboratory results.
(g) Current and
				past treatments of pain including consultation reports.
(h) Documentation of the presence of at least
				one recognized medical indication for the use of controlled substances if one
				is to be prescribed.
(i) All
				medications with date, dosage and quantity.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 21 - USE OF CONTROLLED SUBSTANCES FOR TREATMENT OF PAIN › Section 373-21-5 - CONTINUING EDUCATION

Current through 2024-29, July 17, 2024
1.
Board of
				Licensure in Medicine
By December 31, 2017 and thereafter, clinicians must complete
				  3 hours of Category 1 credit Continuing Medical Education (CME) every two years
				  on the prescribing of opioid medication as a condition of prescribing opioid
				  medication. By December 31, 2018 and thereafter, all clinicians must complete 3
				  hours of Category 1 credit Continuing Medical Education every two years on the
				  prescribing of opioid medication regardless of whether or not they prescribe
				  opioid medication. Category 1 credits will be accepted for CME regarding opioid
				  prescribing from any of the following: the American Academy of Physician
				  Assistants (AAPA); the American Medical Association Council on Medical
				  Education (AMA); the Accreditation Council for Continuing Medical Education
				  (ACCME); the American Academy of Family Physicians (AAFP); the Committee on
				  Continuing Medical Education of the Maine Medical Association (MMA); the
				  American Osteopathic Association (AOA); or the Maine Osteopathic Association
				  (MOA).
2.
State Board
				of Nursing
By December 31, 2017 and thereafter, advanced practice
				  registered nurses with prescriptive authority must complete 3 contact hours of
				  Category 1 continuing education every two (2) years on the prescribing of
				  opioid medication as a condition of prescribing opioid medication.
3.
Board of Osteopathic
				Licensure
By December 31, 2017 and thereafter, clinicians must complete
				  3 hours of Category 1 credit Continuing Medical Education (CME) every two years
				  on the prescribing of opioid medication as a condition of prescribing opioid
				  medication. Category 1 credits will be accepted for CME regarding opioid
				  prescribing from any of the following: the American Academy of Physician
				  Assistants (AAPA); the American Medical Association Council on Medical
				  Education (AMA); the Accreditation Council for Continuing Medical Education
				  (ACCME); the American Academy of Family Physicians (AAFP); the Committee on
				  Continuing Medical Education of the Maine Medical Association (MMA); the
				  American Osteopathic Association (AOA); or the Maine Osteopathic Association
				  (MOA).
4.
Board of
				Licensure of Podiatric Medicine
By December 31, 2017 and thereafter, clinicians must complete
				  3 contact hours of Category 1 continuing education every two (2) years on the
				  prescribing of opioid medication as a condition of prescribing opioid
				  medication.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 21 - USE OF CONTROLLED SUBSTANCES FOR TREATMENT OF PAIN › RESOURCES

Current through 2024-29, July 17, 2024
(a) Chronic pain management resources such as
				tools for Risk Assessment, Functional Assessment, Depression Screening,
				Treatment agreements, Informed Consent Forms, MME calculator, Opioid Taper
				Plan, Pain Tool Kit and much more are all available at:
https://www.mainequalitycounts.org/page/2-1224/chronic-pain-collaborative-2
(b) Interagency Guideline on
				Prescribing Opioids for Pain, 2015. A comprehensive resource for opioid
				prescribing. Includes opioid taper guide:
http://www.agencymeddirectors.wa.gov/Files/2015AMDGOpioidGuideline.pdf
(c) CDC Guideline for Prescribing
				Opioids for Chronic Pain:
				http://www.cdc.gov/mmwr/volumes/65/rr/rr6501e1.htm
(d) Withdrawal Symptoms Assessment: "Clinical
				Opiate Withdrawal Scale." The national Alliance for Advocates for Buprenorphine
				Treatment: www.naabt.org
(f) Drug
				Abuse resources. Substance Abuse and Mental Health Services Administration:
www.samhsa.gov
(g) Maine Prescription Monitoring Program:
http://www.maine.gov/dhhs/samhs/osa/data/pmp/index.htm
(h) A Data Resource for Medical
				Professionals and Law Enforcement: www.diversionalert.org
(i) FSMB Model Policy on the Use of Opioid
				Analgesics in the Treatment of Chronic Pain:
				http://www.fsmb.org/Media/Default/PDF/FSMB/Advocacy/pain_policy_july2013.pdf
(j) Responsible Opioid Prescribing: A
				Clinician's Guide. Scott M. Fishman, M.D. 2014
				http://www.fsmb.org/books
(k) ER/LA
				Opioids: Assessing Risks, Safe Prescribing Free Online CME from the Federation
				of State Medical Boards (FSMB Provider's Clinical Support System for Opioid
				Therapies): http://www.fsmb.org/policy/education-meetings/er-la-opioids
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 1 - COLLABORATIVE DRUG THERAPY MANAGEMENT › Section 380-1-1 - Definitions

Current through 2024-29, July 17, 2024
1.
Board.
For purposes of this
				chapter, "Board" means the Maine Board of Pharmacy.
2.
Collaborative drug therapy
				management.
"Collaborative drug therapy management" is defined in
				32 MRS
				§13702-A(2-A). The
				statutory requirements for collaborative drug therapy management are set forth
				in
				32 MRS
				§§13841 -
				13847.
3.
Collaborative practice
				agreement.
"Collaborative practice agreement" is defined in
				32 MRS
				§13702-A(2-B).
4.
Practitioner.
"Practitioner"
				is defined in
				32 MRS
				§13702-A(29).
5.
Qualifying condition.
"Qualifying condition" means a condition or disease with generally accepted
				standards of care, which may include, but is not limited to, the following
				examples:
A. Anticoagulation
B. Asthma
C. Diabetes
D. Dyslipidemia
E. Hyperlipidemia
F. Hypertension
G. Infectious Disease
H. Cancer
I. Thyroid Disorder
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 1 - COLLABORATIVE DRUG THERAPY MANAGEMENT › Section 380-1-2 - Application

Current through 2024-29, July 17, 2024
1.
Pharmacist Qualifications
In order to enter into a collaborative practice agreement
				  with a nurse practitioner, a pharmacist must meet the qualifications set forth
				  in
				  32 MRS
				  §13842. The pharmacist must complete the
				  15 hours of continuing education referred to in
				  32 MRS
				  §13842(2)(A), (B), and
				  (C) within the two-year period preceding the
				  date of application.
[
Note
: A pharmacist who enters into a
				  collaborative practice agreement must agree to complete, in each year of the
				  agreement, continuing education hours as set forth in
				  32 MRS
				  §13735.]
2.
Application Submission
The pharmacist shall submit to the Board an application form
				  supplied by the Board and such other information as the Board may require.
				  Incomplete applications will not be considered and will be returned to the
				  applicant.
3.
Collaborative Practice Agreement Submission
Prior to commencement of the collaborative practice, the
				  pharmacist shall submit to both the Board and the licensing board that licenses
				  the nurse practitioner a copy of the collaborative practice agreement. A copy
				  of the treatment protocol, as established by the practitioner, must be included
				  in the submission.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 1 - COLLABORATIVE DRUG THERAPY MANAGEMENT › Section 380-1-3 - Collaborative Practice Agreement Content

Current through 2024-29, July 17, 2024
A collaborative practice agreement may authorize
				  collaborative drug therapy management only for qualifying conditions. A
				  collaborative practice agreement must:
1. Require that activity in the initial 3
				months of a collaborative practice agreement be limited to monitoring drug
				therapy, after which, the nurse practitioner and pharmacist shall meet to
				review the collaborative practice agreement and determine the scope of the
				agreement, which, only after this meeting, may be expanded to include a
				pharmacist's initiating, monitoring, modifying, and discontinuing a patient's
				drug therapy, which actions the pharmacist must report to the nurse
				practitioner in a timely manner;
2.
				Identify the parties to the agreement and their dates of execution of the
				agreement, and specify the effective date and expiration date of the
				agreement;
3. Permit either party
				to cancel the collaborative practice agreement by written
				notification;
4. Specify the site
				and setting at which the collaborative practice will occur;
5. Specify the qualifications of the
				participants in the collaborative practice agreement;
6. Describe in detail the types of diseases,
				drugs or drug categories involved and collaborative drug therapy management
				allowed in each patient's case;
7.
				Include a procedure for the referral of each patient to the practitioner that
				expressly states:
A. No party to the
				collaborative practice agreement may receive remuneration of any kind for a
				referral made pursuant to the agreement; and
B. The nurse practitioner is under no
				obligation to refer patients to the contracting pharmacist;
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 1 - COLLABORATIVE DRUG THERAPY MANAGEMENT › Section 380-1-4 - Treatment Protocol Content

Current through 2024-29, July 17, 2024
A treatment protocol shall describe the activities that the
				  pharmacist is authorized to engage in and must, at a minimum, include the
				  requirements set forth below.
1.
Informed Consent Procedures
. The protocol shall specify the
				procedures for obtaining informed consent from each patient involved in the
				drug therapy management, which consent shall include the patients' consent to
				release all relevant medical information to both the nurse practitioner and the
				pharmacist.
2.
Scope of
				Activities
. A description of the activities the pharmacist is authorized
				to engage in, including the procedures, decision criteria, or plan the
				pharmacist shall follow when providing drug therapy management pursuant to a
				medical order from the nurse practitioner.
3.
Documentation
. A description
				of the manner in which the pharmacist shall document all activities involved in
				providing drug therapy management in collaboration with a nurse
				practitioner.
4.
Communication
. A description of the procedures the pharmacist
				shall follow for reporting activities and results to the nurse practitioner,
				including but not limited to:
A. A description
				of the timeframe in which the pharmacist must relay normal test results to the
				nurse practitioner, not to exceed one week for routine results and twenty-four
				hours for abnormal results; and
B.
				A description of the timeframe in which the pharmacist must relay adverse drug
				events, not to exceed twenty-four hours.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 1 - COLLABORATIVE DRUG THERAPY MANAGEMENT › Section 380-1-5 - Notifications

Current through 2024-29, July 17, 2024
A pharmacist shall notify both the Board and the board that
				  licenses the nurse practitioner of the occurrence of any of the following
				  changes no later than 10 days after the change:
1. Any modification to a collaborative
				practice agreement, which notification must include a copy of the amended
				collaborative practice agreement, which must be signed and dated in accordance
				with section 3(2) of this rule;
2.
				Any modification to a treatment protocol, which notification must include a
				copy of the amended treatment protocol; and
3. Any change in liability insurance, which
				notification must include proof of existing liability insurance, i.e., a
				liability insurance policy certificate.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 1 - COLLABORATIVE DRUG THERAPY MANAGEMENT › Section 380-1-6 - Recordkeeping Requirements

Current through 2024-29, July 17, 2024
Records received or created by a pharmacist pursuant to this
				  chapter are subject to the record retention and production requirements of
				  Chapter 24 of the Board's rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 1 - COLLABORATIVE DRUG THERAPY MANAGEMENT › Section 380-1-7 - Complaints

Current through 2024-29, July 17, 2024
In the event that the Board or the licensing board that
				  licenses the practitioner receives a complaint related to a collaborative
				  practice agreement, the boards may share the complaint and any investigative
				  information obtained during an investigation of the complaint, as permitted
				  under
				  10 MRS
				  §8003-B(2).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 1 - COLLABORATIVE DRUG THERAPY MANAGEMENT › Section 380-1-8 - Duty to Report Disciplinary Action

Current through 2024-29, July 17, 2024
1. Any party to a
				collaborative practice agreement who has had disciplinary action taken against
				any professional license held by that party shall report such disciplinary
				action to all other parties to the agreement and to the licensing boards of
				those parties within 10 days of the disciplinary action.
2. The Board and the Maine State Board of
				Nursing shall notify each other of any disciplinary action against the
				professional licensees who are party to a collaborative practice agreement as
				soon as practicable.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 3 - GENERAL REQUIREMENTS RELATING TO LICENSURE › Section 380-3-1 - Change of Name and Address

Current through 2024-29, July 17, 2024
A. The name of any
				licensee shall be changed on the records when the Board of Nursing receives
				written notification of the change in name and a copy of a marriage
				certificate, divorce certificate or probate court name change
				document.
B. Notice of change of
				name and/or address shall be submitted to the Board office or edited on the
				ALMS licensure system by any licensee as promptly as possible.
C. The licensee shall submit a Declaration of
				Primary Residence form if he/she moves out of the state of Maine or relocates
				to Maine.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 3 - GENERAL REQUIREMENTS RELATING TO LICENSURE › Section 380-3-2 - Loss of License

Current through 2024-29, July 17, 2024
A. A licensee may
				request a copy of his/her license on the ALMS licensure system. This requires a
				valid e-mail address as the copy will be e-mailed to the licensee.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 3 - GENERAL REQUIREMENTS RELATING TO LICENSURE › Section 380-3-3 - Verification of Licensure to Another State or Country

Current through 2024-29, July 17, 2024
Upon written request and receipt of a $30.00 fee, the Board
				  of Nursing shall verify licensure in Maine for a licensee who is an applicant
				  for licensure in another state or country when the information cannot be
				  verified through the NURSYS licensure system
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 4 - DISCIPLINARY ACTION AND VIOLATIONS OF LAW › Section 380-4-1 - Disciplinary Action

Current through 2024-29, July 17, 2024
A.
Grounds
				for Discipline
(1) The practice of
				fraud or deceit in obtaining a license under this chapter or inconnection with
				service rendered within the scope of the license issued;
(2) Misuse of alcohol, drugs or other
				substances that has resulted or may result in the licensee performing services
				in a manner that endangers the health or safety of patients;
(3) A professional diagnosis of a mental or
				physical condition which has resulted or may result in the licensee performing
				his duties in a manner which endangers the health or safety of his
				patients;
(4) Aiding or abetting
				the practice of nursing by a person not duly licensed under this chapter and
				who represents himself to be so;
(5)
Incompetency in the practice for
				which he is licensed
.A licensee shall be deemed incompetent in the
				practice if the licensee has:
a. Engaged in
				conduct which evidences a lack of ability or fitness to discharge the duty owed
				by the licensee to a client or patient or the general public; or
b. Engaged in conduct which evidences a lack
				of knowledge, or inability to apply principles or skills to carry out the
				practice for which he is licensed;
(6)
Unprofessional conduct
.A
				licensee shall be deemed to have engaged in unprofessional conduct if he
				violates any standard of professional behavior which has been established in
				the practice for which the licensee is licensed;
(7) Subject to the limitations of Title 5,
				chapter 341, conviction of a crime which involves dishonesty or false statement
				or which relates directly to the practice for which the licensee is licensed,
				or conviction of any crime for which incarceration for one year or more may be
				imposed;
(8) Any violation of this
				chapter or any rule adopted by the Board of Nursing; or
(9) Engaging in false, misleading or
				deceptive advertising.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 4 - DISCIPLINARY ACTION AND VIOLATIONS OF LAW › Section 380-4-2 - Violations of the Law

Current through 2024-29, July 17, 2024
A. It shall be a
				misdemeanor for any person, including any corporation, association or
				individual to:
(1) sell or fraudulently
				obtain or furnish any nursing diploma, license, renewal or record or aid or
				abet therein, or
(2) practice
				nursing as defined in Title 32, Maine Revised Statutes, Chapter 31, under cover
				of any diploma, license or record illegally or fraudulently obtained or signed
				or issued unlawfully or under fraudulent representation, or
(3) practice professional nursing or
				practical nursing as defined by Title 32, Maine Revised Statutes, Chapter 31,
				unless duly licensed to do so under such chapter, or
(4) use in connection with his or her name
				any designation tending to imply that he or she is a licensed registered nurse
				or a licensed practical nurse unless duly licensed so to practice under Title
				32, Maine Revised Statutes, Chapter 31, or
(5) practice professional nursing or
				practical nursing during the time his or her license shall be suspended or
				revoked, or
(6) otherwise violate
				any provisions of Title 32, Maine Revised Statutes, Chapter 31.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 4 - DISCIPLINARY ACTION AND VIOLATIONS OF LAW › Section 380-4-4 - Sexual Misconduct

Current through 2024-29, July 17, 2024
A.
Sexual
				Misconduct with a Patient
.A nurse shall not engage in sexual or romantic
				behavior with or towards a patient.
B.
Sexual Misconduct with a Former
				Patient
.A nurse shall not exploit the knowledge, trust or influence
				gained from a prior nurse/patient relationship to pursue, engage in or maintain
				a sexual or romantic relationship with a former patient. Factors to be
				considered when determining whether there has been a violation under this
				section, include, but are not limited to, the following:
(1) the amount of time that has passed since
				termination of thenurse/patient relationship;
(2) the nature of the patient's health
				problems and the nursing services provided;
(3) the length of time that the nurse/patient
				relationship existed;
(4) the
				circumstances of termination;
(5)
				the extent to which the patient confided personal or private information to the
				nurse;
(6) the degree of the
				patient's dependence and vulnerability;
(7) whether the nurse suggested or invited,
				through statements or acts, a post-termination relationship;