reglab/statecodes huggingface dataset:
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 382 - MAINE BOARD OF OPTOMETRY › Chapter 1 - EXAMINATION; APPROVED SCHOOLS; LICENSE RENEWAL; FEES; CONTINUING EDUCATION › Section 382-1-1 - Application for Examination

Current through 2024-29, July 17, 2024
A. A complete
				application for examination, with all supporting documentation, is to be filed
				with the executive secretary at least thirty (30) days prior to the
				examination.
B. All information
				given on the application shall be given under oath.
C. The licensing examination is conducted
				twice per year. The exact dates and place of examination are determined at
				least ninety (90) days prior to the examination. Information regarding the
				examination dates is available from the Board's executive secretary.
(1) Initial applicants must pass all three
				parts of the exam administered by the National Board of Examiners in Optometry
				prior to acceptance of the application.
(2) The Board shall administer an examination
				consisting of the practical aspect of the practice of optometry.
(3) Applicants who fail an examination and
				wish to reapply must complete a new application form and submit the licensing
				examination fee. All applicants who have failed the licensure examination three
				(3) times must wait two (2) years before reapplying to take the examination and
				must successfully complete 100 hours of Board-approved continuing education in
				optometry prior to reapplication. Upon request by the applicant, the Board
				shall make recommendations as to specific areas of study in which the applicant
				was deficient.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 382 - MAINE BOARD OF OPTOMETRY › Chapter 1 - EXAMINATION; APPROVED SCHOOLS; LICENSE RENEWAL; FEES; CONTINUING EDUCATION › Section 382-1-2 - Approved Schools

Current through 2024-29, July 17, 2024
Approved schools of optometry shall be those schools approved
				  the American Optometric Association's Council on Optometric
				  Education.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 382 - MAINE BOARD OF OPTOMETRY › Chapter 1 - EXAMINATION; APPROVED SCHOOLS; LICENSE RENEWAL; FEES; CONTINUING EDUCATION › Section 382-1-3 - License Renewal Requirements

Current through 2024-29, July 17, 2024
Licenses must be renewed annually. In order for a license to
				  be renewed, the applicant must submit: a completed application form (provided
				  by the Board); the license renewal fee; and proof of the requisite number of
				  hours of continuing education.
Every optometrist holding a nonactive license for a period of
				  three (3) years or more who wishes to resume active practice shall pass Part
				  III of the National Board exam if the optometrist has not already done so, and
				  must also pass the Board's oral examination before being granted a Maine active
				  license.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 382 - MAINE BOARD OF OPTOMETRY › Chapter 1 - EXAMINATION; APPROVED SCHOOLS; LICENSE RENEWAL; FEES; CONTINUING EDUCATION › Section 382-1-4 - Fees

Current through 2024-29, July 17, 2024
All fees are nonrefundable. They should be made payable to
				  the Maine Board of Optometry as follows:
A. Application for Licensing Examination
The fee for a licensing examination application is
				  $300.00.
B. Annual license
				fee
(1) The annual license fee is
				$350.00.
(2) Initial License fee
				will be prorated based on date of licensure.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 382 - MAINE BOARD OF OPTOMETRY › Chapter 1 - EXAMINATION; APPROVED SCHOOLS; LICENSE RENEWAL; FEES; CONTINUING EDUCATION › Section 382-1-5 - Continuing Education

Current through 2024-29, July 17, 2024
A. Licensed
				optometrists are required to complete twenty-five (25) hours of approved
				continuing education per calendar year in order to renew their license. A
				maximum of two hours in practice management may be applied toward this
				requirement. At least fifteen (15) hours of continuing education must pertain
				to the diagnosis and treatment of ocular diseases for those optometrists who
				hold an advanced therapeutic license.
B. Courses offered in the State of Maine
				sponsored by optometric colleges, or national, state or regional optometric
				associations are subject to Board approval.
C. Courses defined as Category I and approved
				by: the American Optometric Association; the American Medical Association; the
				American Academy of Ophthalmologists; the American Council on Pharmaceutical
				Education; or the Council on Optometric Practitioner Education (COPE) will be
				accepted by the Board without the requirement of prior Board review.
Any course not approved by the above listed organization may
				  be submitted to the Board for prior approval. The Board may, in its discretion,
				  approve such courses submitted to it, if the request for approval and pertinent
				  course materials are received by the Board at least thirty (30) days in advance
				  of the date for which the course is scheduled.
D. If there is an increase in the number of
				continuing education hours required, up to a maximum of the thirty (30) allowed
				by
				32 M.R.S.A.
				§2426, all licensed optometrists will be
				notified at the beginning of the year in which the increase becomes effective.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 382 - MAINE BOARD OF OPTOMETRY › Chapter 2 - RULES OF PRACTICE

Current through 2024-29, July 17, 2024
SUMMARY
: This chapter consists of the procedure
				for rendering advisory rulings.
Advisory Rulings
A. Authority and Scope. The Board may issue
			 advisory rulings pursuant to
			  5 M.R.S.A.,
			 Section9001, concerning the applicability of
			 any statute or rule it administers to an existing factual situation. Advisory
			 rulings will be issued at the Board's discretion and only upon request. Each
			 request will be individually reviewed to determine whether an advisory ruling
			 is appropriate. The Board may decline to issue an advisory ruling if the
			 question is hypothetical, if there is insufficient experience upon which to
			 base a ruling, or for any other reason the Board deems proper.
B. Submission. Requests for advisory rulings
			 shall be in writing and shall set forth in detail all facts pertinent to the
			 question. The Agency may require additional information as necessary to
			 complete a factual background for its ruling.
C. Consideration. All requests for advisory
			 rulings will be acknowledged by the Board within sixty days. The acknowledgment
			 shall state whether a ruling will be given. Alternatively, the acknowledgment
			 may request additional information which is necessary to determine whether an
			 advisory ruling is appropriate.
D.
			 All advisory rulings shall be in writing and shall include a statement of the
			 facts or assumptions or both upon which the rulings are based. The statement
			 shall be sufficiently detailed to allow understanding of the basis of the
			 opinion without reference to other documents. Advisory rulings shall be signed
			 by the chief officer of the Board and shall be numbered in an appropriate
			 serial manner.
E. Disposition. Each
			 completed advisory ruling will be mailed to the requesting party and a copy
			 will be kept by the Board in a file or binder established for this purpose. All
			 completed advisory rulings are public documents and shall be available for
			 public inspection during the Board's normal working hours. In addition, the
			 Board may otherwise publish or circulate any advisory ruling as it deems
			 appropriate.
STATUTORY AUTHORITY:
				   5 M.R.S.A.,
				  Section8051
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 382 - MAINE BOARD OF OPTOMETRY › Chapter 3 - ENFORCEMENT, DISCIPLINARY PROCEDURES, AND APPEALS › Section 382-3-1 - Complaint Officer

Current through 2024-29, July 17, 2024
A. Complaint
				Officer Elected. At the Annual Meeting, or when necessary, the Board shall
				elect one of its members as the Complaint Officer.
B. Duties of the Complaint Officer. The
				Complaint Officer shall be responsible for processing complaints and for
				responding to licensees and the general public for information relative to the
				practice of optometry.
C.
				Delegation of Responsibilities. With the approval of the Board, the Complaint
				Officer may delegate any assigned responsibilities to other members of the
				Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 382 - MAINE BOARD OF OPTOMETRY › Chapter 3 - ENFORCEMENT, DISCIPLINARY PROCEDURES, AND APPEALS › Section 382-3-2 - Complaint Procedures

Current through 2024-29, July 17, 2024
The Board will follow the procedures for initiating and
				  processing complaints set forth in its Complaint Procedure Policy, a copy of
				  which shall be available upon request from the Executive
				  Secretary.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 382 - MAINE BOARD OF OPTOMETRY › Chapter 3 - ENFORCEMENT, DISCIPLINARY PROCEDURES, AND APPEALS › Section 382-3-3 - Appeals

Current through 2024-29, July 17, 2024
A. Final Board decisions regarding
				disciplinary actions may be appealed to Administrative Court pursuant to
				10 M.R.S.A. section
				8003 and
				5 M.R.S.A. section
				5 M.R.S.A.section
				10051(3).
B. Final Board decisions regarding action
				taken on applications for licensure may be appealed to Superior Court pursuant
				to
				5 M.R.S.A.
				sections11001 -
				11008.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. "AAPA" means the American Academy of
				Physician Assistants.
2. "Active
				Unrestricted Physician License" means an active Maine physician license to
				practice medicine that does not include any restrictions or limitations on the
				scope of practice or ability to consult with or collaborate with physician
				assistants.
3. "Administratively
				Complete Application" is a uniform application for licensure as developed by
				the Boards, which when submitted to one of the Boards has:
a) all questions on the application
				completely answered;
b) signature
				and date affixed;
c) all required
				notarizations included;
d) all
				required supplemental materials provided in correct form;
e) all requests for additional information
				submitted; and
f) all fees,
				charges, costs or fines paid.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-2 - UNIFORM QUALIFICATIONS FOR LICENSURE

Current through 2024-29, July 17, 2024
1.
License Required
An individual must hold an active license issued by the Board
				  in order to render medical services as a physician assistant in the State of
				  Maine.
2.
Uniform
				Application for Licensure
A. The Boards
				shall develop a uniform application form for licensure.
B. Applicants for physician assistant
				licensure shall complete the Board-approved application forms and submit them
				to the Board together with all required fees and required
				documentation.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-3 - UNIFORM REQUIREMENTS FOR RENEWAL/INACTIVE STATUS/REINSTATEMENT/WITHDRAWAL OF LICENSE

Current through 2024-29, July 17, 2024
1.
License
				Expiration and Renewal
Except for temporary licenses, the license of every physician
				  assistant born in an odd-numbered year expires at midnight on the last day of
				  the month of the physician assistant's birth every odd-numbered year. The
				  license of every physician assistant born in an even-numbered year expires at
				  midnight on the last day of the month of the physician assistant's birth every
				  even-numbered year. The physician assistant must renew the license every two
				  (2) years prior to the expiration of the license by submitting an
				  administratively complete application to the Board on forms approved by the
				  Board.
2.
Renewal
				Notification
At least sixty (60) days prior to the expiration of a current
				  license, the Board shall notify each licensee of the requirement to renew the
				  license. If an administratively complete re-licensure application has not been
				  submitted prior to the expiration date of the existing license, the license
				  immediately and automatically expires. A license may be reinstated up to 90
				  days after the date of expiration upon payment of the renewal fee and late fee.
				  If an administratively complete renewal application is not submitted within 90
				  days of the date of the expiration of the license, the license immediately and
				  automatically lapses. The Board may reinstate a license pursuant to law.
3.
Criteria for Active
				License Renewal
A. The Board, or if
				delegated, Board staff may renew the active license of a physician assistant
				who meets the following requirements:
(1)
				Submits an administratively complete license renewal application
				form;
(2) Pays the appropriate
				license renewal fee and/or late fee (if any);
(3) Affirms that the licensee has met the CME
				requirements. In the event that the required CME is not complete, the physician
				assistant may request an extension of time for good cause to complete the CME.
				The Board Secretary, Board Chair, or their designee has the discretion to grant
				or deny a request for an extension of time to complete the required CME
				credits;
(4) Demonstrates
				continuing clinical competency as required by this rule;
(5) Successfully completes the Board's
				jurisprudence examination when directed by the Board; and
(6) Has no cause existing that may be
				considered grounds for disciplinary action or denial of renewal of licensure as
				provided by law.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-4 - UNIFORM CONTINUING CLINICAL COMPETENCY REQUIREMENTS

Current through 2024-29, July 17, 2024
1.
Requirements
A. General If an applicant has not engaged in
				the active rendering of medical services during the 24 months immediately
				preceding the filing of the application, the Board may determine on a case by
				case basis in its discretion whether the applicant has adequately demonstrated
				continued competency to render medical services.
B. Demonstrating Current Competency
The Board may require an applicant to submit to any
				  competency assessment(s) or evaluation(s) conducted by a program approved by
				  the Board. If the assessment/evaluation identifies gaps or deficiencies, the
				  applicant must complete an educational/remedial program to address them or
				  engage in supervised practice as required by the Board. The Board retains the
				  discretion regarding the method of determining continued competency based upon
				  the applicant's specific circumstances. The methodology may include but is not
				  limited to successful passage of examination(s), completion of additional
				  training, and successful completion of a formal reentry to practice plan
				  approved by the Board.
C. If
				the Board determines that an applicant requires a period of supervised practice
				and/or the completion of an educational or training program, the Board may at
				its discretion issue the applicant a probationary license pursuant to a consent
				agreement or issue an applicant a temporary license in conjunction with a
				reentry to practice plan.
D. All
				expenses, including but not limited to, expenses associated with the
				assessment, evaluation, test, supervision and/or training requirements are the
				sole responsibility of the applicant.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-5 - UNIFORM FEES

Current through 2024-29, July 17, 2024
A. Board staff
				shall collect the following fees prior to the issuance of any license or
				certificate:
(1) Initial License Application
				$300
(2) Late Fee $50
(3) License Renewal $250
(4) License Reinstatement after Withdrawal
				$200
(5) License Reinstatement
				after Lapse $400
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-6 - UNIFORM SCOPE OF PRACTICE FOR PHYSICIAN ASSISTANTS

Current through 2024-29, July 17, 2024
1.
General
A physician assistant may provide any medical service for
				  which the physician assistant has been prepared by education, training and
				  experience and is competent to perform. The scope of practice of a physician
				  assistant is determined by the practice setting. Physician assistant scope of
				  practice delineated in collaborative agreements or practice agreements are
				  subject to review and approval by the Board.
2.
Practice Setting
A physician assistant may render medical services in the
				  following settings including, but not limited to a physician employer setting,
				  physician group practice setting or independent private practice setting, or in
				  a health care facility setting, by a system of credentialing and granting of
				  privileges.
3.
Consultation
Physician assistants shall, as indicated by a patient's
				  condition, the education, competencies and experience of the physician
				  assistant and the standards of care, consult with, collaborate with or refer
				  the patient to an appropriate physician or other health care professional. The
				  level of consultation required is determined by the practice setting, including
				  a physician employer, physician group practice, or private practice, or by the
				  system of credentialing and granting of privileges of a health care facility. A
				  physician must be accessible to the physician assistant at all times for
				  consultation. Consultation may occur electronically or through
				  telecommunication and includes communication, task sharing and education among
				  all members of a health care team. Upon request of the Board, a physician
				  assistant shall identify the physician who is currently available or was
				  available for consultation with the physician assistant.
4.
Delegation by Physician
				Assistants
A physician assistant may delegate to the physician
				  assistant's employees or support staff or members of a health care team,
				  including medical assistants, certain activities relating to medical care and
				  treatment carried out by custom and usage when the activities are under the
				  control of the physician assistant. The physician assistant who delegates an
				  activity is legally liable for the activity performed by the employee, medical
				  assistant, support staff or a member of a health care team.
5.
Dispensing Drugs
Except for distributing a professional sample of a
				  prescription or legend drug, a physician assistant who dispenses a prescription
				  or legend drug:
A. Shall comply with
				all relevant federal and state laws and federal regulations and state rules;
				and
B. May dispense the
				prescription or legend drug only when:
(1) A
				pharmacy service is not reasonably available;
(2) Dispensing the drug is in the best
				interests of the patient; or
(3) An
				emergency exists.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-7 - UNIFORM ELEMENTS OF WRITTEN COLLABORATIVE AND PRACTICE AGREEMENTS

Current through 2024-29, July 17, 2024
1. All written collaborative agreements and
				practice agreements shall include at a minimum:
A. The physician assistant's scope of
				practice and practice setting, including the types of patients and patient
				encounters common to the practice, a general overview of the role of the
				physician assistant in the practice setting, and the tasks that the physician
				assistant may be delegating to medical assistants.
B. Identify any and all active Maine
				physician(s) who are signatories to a collaborative or practice agreement that
				describes the physician assistants' scope of practice;
C. Identify the method(s) of consultation
				with the active Maine physicians who are signatories to a collaborative or
				practice agreement, and any limitations regarding the ability of the
				physician(s) to provide consultation, including limitations as to scope of
				practice or availability. The physician(s) who are signatories to a
				collaborative or practice agreement shall provide consultation only within
				their scope of practice and must be available for consultation with the
				physician assistant at all times and for all medical services rendered by the
				physician assistant.
D. Maintenance
				and production of collaborative and practice agreements
(1) Physician assistants licensed to practice
				in accordance with these rules must prepare and have on file in the main
				administrative office of the practice or practice location a written, dated
				collaborative or practice agreement that is signed by both the physician(s) and
				the physician assistant and contains the elements as required by this
				rule.
(2) Failure to have a current
				written collaborative or practice agreement on file and/or failure to produce a
				current collaborative or practice agreement upon request of the Board or Board
				staff shall result in a citation and/or possible disciplinary action.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-8 - UNIFORM NOTIFICATION REQUIREMENTS FOR PHYSICIAN ASSISTANTS

Current through 2024-29, July 17, 2024
1.
Change of Collaborative Agreement or
				Practice Agreement
A physician assistant licensed by the Board shall notify the
				  Board in writing within ten (10) calendar days of any change to a collaborative
				  agreement or practice agreement by submitting a revised collaborative agreement
				  or practice agreement to the Board for review and approval.
2.
Termination of Collaborative or
				Practice Agreement
A physician assistant licensed by the Board shall notify the
				  Board in writing within ten (10) calendar days regarding the termination of any
				  collaborative or practice agreement. Such notification shall include the reason
				  for the termination.
3.
Change of Contact Information
A physician assistant licensed by the Board shall notify the
				  Board in writing within ten (10) calendar days of any change in work or home
				  address, email, phone, or other contact information.
4.
Death/Departure of Collaborating
				Physician
A physician assistant licensed by the Board shall notify the
				  Board in writing within ten (10) calendar days of the death or permanent or
				  long-term departure of a collaborating physician who is a signatory to either a
				  collaborative agreement or a practice agreement.
5.
Failure to Pass NCCPA
				Examination
A physician assistant issued a temporary license by the Board
				  shall notify the Board in writing within ten (10) calendar days of the failure
				  to pass the NCCPA examination.
6.
Criminal
				Arrest/Summons/Indictment/Conviction
A physician assistant shall notify the Board in writing
				  within ten (10) calendar days of being arrested, summonsed, charged, indicted
				  or convicted of any crime.
7.
Change in Status of Employment or
				Hospital Privileges
A physician assistant shall notify the Board in writing
				  within ten (10) calendar days of termination of employment, or any limitation,
				  restriction, probation, suspension, revocation or termination of hospital
				  privileges.
8.
Disciplinary Action
A physician assistant shall notify the Board in writing
				  within ten (10) calendar days of disciplinary action taken by any licensing
				  authority including, but not limited to, warning, reprimand, fine, suspension,
				  revocation, restriction in practice or probation.
9.
Material Change
A physician assistant shall notify the Board in writing
				  within ten (10) calendar days of any material change in qualifications or the
				  information and responses provided to the Board in connection with the
				  physician assistant's most recent application.
10.
Name Change
A physician assistant licensed by the Board shall notify the
				  Board in writing within thirty (30) calendar days regarding any legal change in
				  her/his name and provide the Board with a copy of the pertinent legal document
				  (e.g. marriage certificate or court order).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-9 - UNIFORM CITATION

Current through 2024-29, July 17, 2024
1. The board, or if
				delegated, board staff may issue citations in lieu of taking disciplinary
				action for:
A. The failure to have a current
				written collaborative or practice agreement that conforms to the requirements
				of this rule on file at the location specified. The administrative fine for
				each violation is $200; or
B. The
				failure to file a written notification form with the relevant Board as required
				by this rule. The administrative fine for each violation is
				$100.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-10 - CONDUCT SUBJECT TO DISCIPLINE

Current through 2024-29, July 17, 2024
Violation of this rule by a physician assistant constitutes
				  unprofessional conduct and is grounds for discipline of a physician assistant's
				  license.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-11 - UNIFORM CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS AND DEFINITIONS

Current through 2024-29, July 17, 2024
In order to qualify to renew a license, a physician assistant
				  must meet the following CME requirements:
1.
Requirements
A. Each physician assistant who possesses an
				active license shall complete, during each biennial licensing period, a minimum
				of one hundred (100) credit hours of continuing medical education subject to
				the following:
(1) At least fifty (50) hours
				must be in Category 1 (as defined by this rule);
(2) The total one hundred (100) hours may be
				in Category 1.
(3) Fifty (50)
				credit hours may be in Category 2 (as defined by this rule).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-12 - IDENTIFICATION REQUIREMENTS

Current through 2024-29, July 17, 2024
1. Physician
				assistants licensed under this rule shall:
A.
				Keep their licenses available for inspection at the location where they render
				medical services;
B. When rendering
				medical services, wear a name tag identifying themselves as physician
				assistants; and
C. Verbally
				identify themselves as physician assistants whenever greeting patients during
				initial patient encounters and whenever patients incorrectly refer to them as
				"doctors."
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 2 - JOINT RULE REGARDING PHYSICIAN ASSISTANTS › Section 383-2-13 - PHYSICIAN ASSISTANT ADVISORY COMMITTEE

Current through 2024-29, July 17, 2024
1. The
				Boards shall appoint a Physician Assistant Advisory Committee (the Advisory
				Committee) comprised of such persons as it deems appropriate, but the Advisory
				Committee shall include at least two physicians and two physician assistants
				licensed by either the BOLIM or the BOL. The PA members of the BOL and the
				BOLIM shall also be members of the committee. The Boards may also appoint such
				Advisory Committee members it deems appropriate.
2. The duties of the Advisory Committee shall
				be to review matters and make recommendations pertaining to physician
				assistants which the Boards request the Advisory Committee to
				consider.
3. Members of the
				Advisory Committee shall be appointed by the Boards for terms of up to four
				years. A member may be appointed by the Board for a second, and final four-year
				term. If a member is appointed to complete a term created by the premature
				departure of another member, the appointed member may still serve two full
				terms. The Boards may, at their discretion, remove any member from the Advisory
				Committee.
4. Members of the
				Advisory Committee shall not hold a leadership position or be an officer in a
				professional association regarding any professional occupation(s) licensed or
				regulated by the Boards.
5. The
				Chairperson of the Advisory Committee shall be a physician assistant member and
				shall not be a regular member of the Board of Licensure in Medicine or the
				Board of Osteopathic Licensure and shall be elected by a vote of the members of
				the Advisory Committee. The Chairperson shall serve for a term of two years and
				may not be re-elected.
6. The
				Advisory Committee shall meet at the request of either Board. Five (5) members
				of the Advisory Committee shall constitute a quorum for the purpose of holding
				a meeting and conducting business.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 3 - PHYSICIAN SUPERVISION OF PHYSICIAN EXTENDERS › Section 383-3-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
"Board" means the Board of Osteopathic Licensure.
"Group practice" means two or more physicians providing
				  medical services in a shared setting, and includes associations, corporations,
				  and partnerships, but does not include organized health care delivery systems
				  or associations where the essential commonality is cross-coverage.
"Organized health care delivery system" includes but is not
				  limited to any hospital, clinic, health maintenance organization, managed care
				  organization, nursing home CT other institutionalized or structured entity
				  through which medical services are prescribed or performed by physicians. The
				  term does not include group practices.
"Physician" means a physician who has an active license
				  issued by the Board to practice osteopathic medicine in the state.
"Physician extender" means a nurse practitioner performing
				  duties as defined in
				   32 M.R.S.A.
				  §2102 or a physician assistant as
				  referred to in
				   32 M.R.S.A.
				  §2594-A, and defined in Chapter 2.
				  (Note: This does not include midwife.)
"Physician extender students" means persons currently
				  enrolled in physician extender educational programs.
"Primary supervising physician" means a physician who has
				  been approved by the Board pursuant to Chapter 3 to provide supervision of
				  physician extenders, or who has been approved by the Board pursuant to Chapter
				  3 to serve as the principal physician providing supervision to a physician
				  extender for an organized health care delivery system or group practice.
"Secondary supervising physician" means a physician who has
				  agreed in writing to provide supervision as defined in this section and has
				  agreed to accept delegation of supervision from the primary supervising
				  physician, according to the written plan of supervision in section 5.B, and
				  liability for the physician extender. The secondary supervising physician must
				  be in a group practice with or treating the patients of the primary supervising
				  physician.
"Supervision" means overseeing, and accepting responsibility
				  and liability for, the medical activities delegated by a physician to a
				  physician extender.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 3 - PHYSICIAN SUPERVISION OF PHYSICIAN EXTENDERS › Section 383-3-2 - QUALIFICATION FOR APPROVAL AS PRIMARY SUPERVISING PHYSICIAN

Current through 2024-29, July 17, 2024
Except as otherwise provided in this chapter, any physician
				  must be approved by the Board before the physician may become a primary
				  supervising physician. The Board may grant approval to a physician to become a
				  primary supervising physician who:
A.
				Has an active license to practice medicine in this state that does not contain
				any conditions which, in the opinion of the Board, would prevent the physician
				from providing the supervision required by these rules.
B. Submits a statement to the Board that the
				licensee will oversee and accept responsibility and liability for the medical
				activities delegated to physician extenders. If the physician is to serve as
				the primary supervising physician for an organized health care delivery system
				facility or group practice, the statement must so indicate and certify that the
				physician is not employed by the physician assistant;
C. Submits an affidavit that a written plan
				of supervision addressing the technical requirements of supervision, as set
				forth in Section
				5 of this chapter, and has it on file in
				the practice setting; and
D. Pays
				the appropriate fee as determined by the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 3 - PHYSICIAN SUPERVISION OF PHYSICIAN EXTENDERS › Section 383-3-3 - PROHIBITED CONDUCT

Current through 2024-29, July 17, 2024
No physician shall engage in the following:
A. No physician shall delegate to any person
				other than another physician or physician licensed by the Board of Licensure in
				Medicine the performance of duties which constitute the practice of medicine or
				surgery, except in full compliance with this chapter;
B. No physician shall supervise a physician
				extender who is not licensed to practice and who is not registered with the
				appropriate governmental entity;
C.
				No physician, shall supervise a physician extender unless:
(1) the physician has been approved by the
				Board to became a primary supervising, physician and has completed a statement
				that me physician agrees to provide supervision to a particular physician
				extender as required by Chapter 2, section
				2 or
				9 and has ensured that the statement has
				been provided to the Board, or
(2)
				the physician has ensured that the physician extender has a primary supervising
				physician, or is supervised by a physician licensed by the Board of Licensure
				in Medicine who is permitted to exercise primary supervision of physician
				extenders by that Board, and provides supervision only in an organized health
				care delivery system; or
(3) the
				physician extender has a primary supervising physician or is supervised by
				physician licensed by the Board of Licensure in Medicine who is permitted to
				exercise primary supervision of physician extenders by that Board, and agrees
				in writing to accept delegated responsibility as a secondary supervising
				physician from the primary supervising physician under the plan of supervision
				referred to in Section
				5 and has ensured that the document
				showing acceptance of delegation has been provided to the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 3 - PHYSICIAN SUPERVISION OF PHYSICIAN EXTENDERS › Section 383-3-4 - SANCTIONS

Current through 2024-29, July 17, 2024
Any physician licensed by the Board who is determined to have
				  violated Section
				  3 shall be deemed to have violated 32
				  M.R.S.A. §2591 -A(2)(H) and shall be subject to disciplinary action by the
				  Board.
The Board may terminate, for cause, a physician from acting
				  as a secondary or primary supervising physician or teaching supervising
				  physician in accordance with due process.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 3 - PHYSICIAN SUPERVISION OF PHYSICIAN EXTENDERS › Section 383-3-5 - CRITERIA FOR SUPERVISION

Current through 2024-29, July 17, 2024
A. TECHNICAL
				REQUIREMENTS OF SUPERVISION
Each physician/physician extender team is responsible for
				  ensuring that the physician extender's basic scope of practice and practice
				  setting is identified; that the delegation of medical tasks is appropriate to
				  the physician extender's level of competence; that the relationship of, and
				  access to, a supervising physician is defined; and that a process for
				  evaluation of the physician extender's performance is established. The constant
				  physical presence of a supervising physician is not required so long as a
				  supervising physician and physician extender are, or can be, easily in contact
				  with one another by radio, telephone, or other telecommunication device.
B. WRITTEN PLAN OF SUPERVISION
Each primary supervising physician must prepare and have on
				  file in the practice setting a written, dated plan of supervision containing
				  specific practice descriptions of the elements of supervision as outlined in
				  subparagraph A. This plan of supervision must be reviewed and updated as
				  necessary, but in any event, whenever the physician extender's license is
				  renewed. A statement shall be attached to the plan stating the date the plan
				  was reviewed and any changes to the plan, and shall be signed by the physician
				  extender and supervising physician.
If a physician is to act as a secondary supervising
				  physician, he or she must accept, in writing, delegation of supervision
				  specified in the plan.
C.
				PLAN TO BE AVAILABLE ON DEMAND
A supervising physician shall provide, at the request of any
				  Board member or authorized person, a copy of the plan of supervision, and, if
				  applicable the document showing delegation of that plan to a secondary
				  supervising physician. Such request may be made in writing or by appearing at
				  the practice setting in which case the plan shall be provided immediately. The
				  Board may require the plan to be amended for purposes of ensuing public safety
				  as required by state law.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 3 - PHYSICIAN SUPERVISION OF PHYSICIAN EXTENDERS › Section 383-3-6 - SCOPE OF PRACTICE

Current through 2024-29, July 17, 2024
A. DELEGATED
				AUTHORITY
Physician extenders may only perform those medical activities
				  which the supervising physician has delegated to the physician extender.
				  Medical activities which may be delegated include the following:
(1) The ordering of diagnostic, therapeutic
				and other medical services;
(2) The
				prescribing and dispensing of drugs and medical devices to the extent permitted
				by state and federal law. Prescribing and dispensing of drugs may include
				Schedule III through V substances and all legend drugs. Physician extenders may
				be authorized to request, receive, and sign for professional samples and to
				distribute professional samples to patients; and
(3) The performance of tasks that are not
				routinely within the scope of practice or regularly performed by the
				supervising physician so long as the supervising physician has adequate
				training, oversight skills, and supervisory and referral arrangements in place,
				to ensure competent provision of services by the physician extender
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 3 - PHYSICIAN SUPERVISION OF PHYSICIAN EXTENDERS › Section 383-3-7 - ASSUMPTION OF RESPONSIBILITY

Current through 2024-29, July 17, 2024
If a physician or group of physicians employs a physician
				  extender, the physician extender must be provided supervision by a primary or
				  secondary supervising physician. Liability under these rules for me physician
				  extender's medical activities shall remain that of the supervising physician,
				  including when the physician extender provides care and treatment for patients
				  in an organized health care delivery system facility.
If a physician extender is employed by or is it principal in
				  an organized health care delivery system facility, nothing in these: rules
				  shall be construed to limit the liability of the organized health care delivery
				  system for the physician extender's actions or omissions. Physician extenders
				  employed by or a principal in such facilities must still be provided
				  supervision by the primary supervising physician, who is not an employee of the
				  physician assistant.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 3 - PHYSICIAN SUPERVISION OF PHYSICIAN EXTENDERS › Section 383-3-8 - PHYSICIAN EXTENDER STUDENTS

Current through 2024-29, July 17, 2024
A supervising physician may supervise physician extender
				  students only in conformity with these rules and only for the purpose of
				  helping the student fulfill the requirements of the physician extender
				  student's educational program.
A.
				NOTICE TO BOARD
Prior to supervising a physician extender student, the
				  supervising physician shall ensure that the Board has been notified in writing
				  of the physician extender student's identity, educational background, address
				  and telephone, and of be address and telephone of the physician extender
				  student's educational program. Physician extender training programs may,
				  instead of the above individual requirements, submit a list of students and
				  their clinical practice locations, including the dates of these student
				  rotations.
B. NOTICE
				RENEWAL
A supervising physician is permitted to supervise a physician
				  extender student for no longer than one year from the date of the notice to the
				  Board under Section 8 A, unless the notice is renewed and the circumstances are
				  reviewed by the Board prior to the expiration of the year.
C. PERMITTED SUPERVISION 0F PHYSICIAN
				EXTENDER STUDENTS Supervision of physician extender students shall be
				consistent with the following:
(1) The
				teaching supervising physician shall have an active license that is not subject
				to conditions which, in the opinion of the Board, would prevent the physician
				from providing the supervision required by these rules.
(2) A supervising physician may supervise
				only such medical services as may be performed by a physician extender pursuant
				to the laws of the state and to the Boards rules and which are performed
				pursuant to a plan of training developed in conjunction with the physician
				extender student's teaching supervising physician and/or physician
				extender;
(3) Supervision of
				physician extender students shall be consistent with this chapter and Chapter 2
				of the Board's rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 3 - PHYSICIAN SUPERVISION OF PHYSICIAN EXTENDERS › Section 383-3-9 - IMPLEMENTATION OF THIS CHAPTER

Current through 2024-29, July 17, 2024
Supervising physicians who supervise physician extenders
				  under prior versions of these rules may continue to practice under previously
				  specified supervisory arrangements until March 1,1996, or until changes or
				  additions to the supervisory arrangements are made, whichever comes first.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 10 - SEXUAL MISCONDUCT › Section 383-10-2 - 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 › 383 - BOARD OF OSTEOPATHIC LICENSURE › Chapter 11 - JOINT RULE REGARDING TELEHEALTH STANDARDS OF PRACTICE › Section 383-11-1 - 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.