reglab/statecodes huggingface dataset:
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 100 - CODE OF ETHICS › Section 333-100-4 - Obligations to the Public

Current through 2024-29, July 17, 2024
1. Disclosure of
				Role
A forester must clearly state on whose behalf the forester
				  provides any opinions or makes any professional statements. In dealing with the
				  public, a forester must clearly identify him- or herself, the client, and any
				  other person whose interests the forester is representing.
2. Public Comment
A forester shall base public comment on forestry matters on
				  accurate knowledge and shall not distort or withhold pertinent information to
				  substantiate a point of view.
3. Ethics First
A forester shall uphold this Code of Ethics above the demands
				  of employment.
4. Comply
				With Laws
A forester shall at all times in the performance of forestry
				  services abide by federal and state laws and municipal ordinances involving
				  forestry and timber harvesting, land use, agriculture, natural resource
				  management and protection, environmental protection and the handling of client
				  funds.
5. Advertising
A forester shall only advertise in a dignified and truthful
				  manner, stating the services the forester is qualified and prepared to perform.
				  Such advertisements may include references to fees charged, but may not include
				  references to past clients served without their prior written consent.
6. Supervision of Unlicensed
				Individuals
A forester shall comply with all provisions of the Forester
				  Licensing law and the rules of the Board in connection with the supervision of
				  the work of an individual not licensed by the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 100 - CODE OF ETHICS › Section 333-100-5 - Obligations to Other Foresters

Current through 2024-29, July 17, 2024
1. Recommendation
Information submitted by a forester about a candidate for a
				  license from this Board, or in connection with a prospective client referral to
				  another forester or professional, shall be accurate, factual and
				  objective.
2. Duties of
				Sponsor
A forester shall perform all duties and obligations imposed
				  on the forester by the Forester Licensing law and the rules of the Board when
				  acting as a sponsor of an intern forester.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 343 - BOARD OF RESPIRATORY CARE PRACTITIONERS › Chapter 1 - DEFINITIONS › Section 343-1-6 - Direct supervision

Current through 2024-29, July 17, 2024
Direct supervision" means that a temporary licensee is able
				  to immediately communicate with a respiratory care practitioner who has
				  supervisory authority over the temporary licensee whenever the temporary
				  licensee engages in the practice of respiratory care.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 343 - BOARD OF RESPIRATORY CARE PRACTITIONERS › Chapter 1 - DEFINITIONS › Section 343-1-7 - Initial and follow-up instruction and patient evaluation in a non-hospital setting

Current through 2024-29, July 17, 2024
Initial and follow-up instruction and patient evaluation in a
				  non-hospital setting" includes any explanation, and/or teaching regarding the
				  use of equipment prescribed for a therapeutic purpose as it relates to an
				  individual's clinical condition. It does not include delivery of any equipment
				  prescribed for the patient, set up of the equipment, or explanation of the
				  mechanical workings of the equipment.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 343 - BOARD OF RESPIRATORY CARE PRACTITIONERS › Chapter 2 - ADVISORY RULINGS › Section 343-2-4 - Advisory Rulings

Current through 2024-29, July 17, 2024
A.
Authority
				and Scope
The board, in its discretion, may issue an advisory ruling
				  concerning the applicability of any statute or rule that it administers to an
				  existing factual situation. Each request for an advisory ruling will be
				  reviewed to determine whether an advisory ruling is appropriate. The board may
				  decline to issue an advisory ruling when the question is hypothetical, 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 must be in writing and must set
				  forth in detail all facts pertinent to the question. The board may require
				  additional information as necessary to complete a factual background for its
				  ruling.
C.
Acknowledgment
A request for an advisory ruling will be acknowledged by the
				  board within fifteen (15) days of receipt. Within sixty (60) days of
				  acknowledgment, the board will state whether it will issue a ruling.
				  Alternatively, the board may request additional information in order necessary
				  to determine whether an advisory ruling is appropriate.
D.
Rulings
All advisory rulings will be in issued in writing and will
				  include a statement of the facts or assumptions, or both, upon which the ruling
				  is based. The statement will be sufficiently detailed to allow one to
				  understand the basis of the opinion without reference to other documents.
				  Advisory rulings will be signed by the chair of the board and will be numbered
				  serially in an appropriate 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 advisory rulings are public documents. In
				  addition, the board may otherwise publish or circulate any advisory ruling as
				  it deems appropriate.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 343 - BOARD OF RESPIRATORY CARE PRACTITIONERS › Chapter 3 - LICENSE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS › Section 343-3-1 - Requirements for Licensure as a Respiratory Therapist or Respiratory Care Technician

Current through 2024-29, July 17, 2024
A. An individual
				may not practice as a Respiratory Care Practitioner until a license has been
				issued by the board, except as permitted by
				 32 MRSA
				§9706-A.
B. An applicant for licensure shall file a
				complete application on a form prescribed by the board and such additional
				information as the board may require.
C. The applicant shall include the items
				listed below with the application. The application will not be acted upon until
				all items have been received.
1.
[deleted]
2. For
				persons applying for licensure as a respiratory therapist:
(a) Proof of current credentialing by NBRC as
				a registered respiratory therapist;
OR
(b) An
				official academic transcript demonstrating completion of an educational program
				for respiratory therapists which is accredited by COARC or its predecessor
				accrediting body;
3. For
				persons applying for licensure as a respiratory care technician:
a. Proof of current credentialing by NBRC as
				a certified respiratory therapy technician;
OR
b. An
				official academic transcript demonstrating completion of an educational program
				for respiratory therapists or respiratory care technicians which is accredited
				by COARC or its predecessor accrediting body;
4. Official verification of licensure in each
				state in which the applicant at any time held a license to practice respiratory
				care at any level; and
5. The
				application fee and license fee specified in Chapter 10, Section 5(36) of the
				rules of the Office of Licensing and Registration, entitled "Establishment of
				License Fees."
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 343 - BOARD OF RESPIRATORY CARE PRACTITIONERS › Chapter 3 - LICENSE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS › Section 343-3-2 - Requirements for a Temporary License

Current through 2024-29, July 17, 2024
A.
[deleted]
B. An
				individual may not practice as a temporary licensee until a license has been
				issued by the board.
C. An
				applicant for a temporary license shall file a complete application on a form
				prescribed by the board and such additional information as the board may
				require.
D. The applicant shall
				include the items listed below with the application. The application will not
				be acted upon until all items have been received.
1.
[deleted]
2.
[deleted]
3. A supervisor's affidavit, on a form
				prescribed by the board, from each proposed place of employment;
4. An official academic transcript
				demonstrating completion of an educational program for respiratory therapists
				or respiratory care technicians which is accredited by COARC or its predecessor
				accrediting body. If a transcript is not available at time of application, the
				applicant may submit a diploma, or a letter of completion from an authorized
				official on official school stationery, provided that the applicant submits the
				transcript within the 60 days following submission of the diploma or letter;
				and
5. The application fee and
				license fee specified in Chapter 10, Section 5(36) of the rules of the Office
				of Licensing and Registration, entitled "Establishment of License
				Fees."
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 343 - BOARD OF RESPIRATORY CARE PRACTITIONERS › Chapter 3 - LICENSE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS › Section 343-3-3 - Respiratory Care Practitioner Trainee License

Current through 2024-29, July 17, 2024
A. A person employed by a health care
				facility during the clinical portion of a COARC-accredited respiratory care
				educational program may apply to the board for a Respiratory Care Practitioner
				Trainee License. The applicant may not be employed in any capacity that
				involves the delivery of any respiratory care procedure until the license has
				been issued.
"Clinical portion of a COARC-accredited respiratory care
				  educational program" is:
1. The second
				year of an associate degree program;
2. The second year of a baccalaureate degree
				program in respiratory care; or
3.
				Completion of an entry-level correspondence program in respiratory care
				approved by the board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 343 - BOARD OF RESPIRATORY CARE PRACTITIONERS › Chapter 3 - LICENSE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS › Section 343-3-4 - License Renewal

Current through 2024-29, July 17, 2024
All licenses other than the temporary license and trainee
				  license expire annually on April 30. Licenses may be renewed upon:
A. Completion of a renewal form supplied by
				the board; and
B. Payment of the
				license fee specified in Chapter 10, Section 5(36) of the rules of the Office
				of Licensing and Registration, entitled "Establishment of License
				Fees."
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 343 - BOARD OF RESPIRATORY CARE PRACTITIONERS › Chapter 6 - CODE OF ETHICS

Current through 2024-29, July 17, 2024
Summary
: This chapter establishes a code of ethics
				for the practice of respiratory care. Violation of this chapter may subject a
				licensee to disciplinary action under
				 10 MRSA
				§8003(5-A)(A)(2) and
				(5).
The following Code of Ethics adopted by the Board is based on
				the Code of Ethics of the American Association of Respiratory Care (Rev. July
				2009). Licensed Respiratory Care Practitioners engaged in the performance of
				respiratory care shall comply with the following standards of practice:
1. Demonstrate behavior that reflects
			 integrity, supports objectivity, and fosters trust in the practice of
			 respiratory care and respiratory care practitioners.
2. Actively maintain and continually improve
			 their professional competence, and represent it accurately.
3. Perform only those procedures or functions
			 in which they are individually competent and which are within their scope of
			 accepted and responsible practice.
4. Respect and protect the legal and personal
			 rights of patients, including the right to privacy, informed consent and
			 refusal of treatment.
5. Hold in
			 strict confidence all privileged information concerning the patient and observe
			 the confidentiality of health care information law contained in
			  22 MRSA
			 §1711(C).
6. Provide care without discrimination on any
			 basis, with respect for the rights and dignity of all individuals.
7. Promote disease prevention and
			 wellness.
8. Refuse to participate
			 in illegal or unethical acts.
9.
			 Expose the illegal, unethical or incompetent acts of others and report such
			 behavior to the Board.
10. Follow
			 sound scientific procedures and ethical principles in research.
11.
[deleted]
12. Avoid any form of conduct that creates a
			 conflict of interest, and follow the principles of ethical business
			 behavior.
13. Encourage and promote
			 appropriate stewardship of resources.
14. Not accept gratuities for preferential
			 consideration of the patient.
15.
			 Uphold the dignity and honor of the profession and abide by its ethical
			 principles.
16. Promote health care
			 delivery through improvement of the access, efficacy and cost of patient
			 care.
STATUTORY AUTHORITY:
				   32 MRSA
				  §9704(2)
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 343 - BOARD OF RESPIRATORY CARE PRACTITIONERS › Chapter 7 - MISCONDUCT

Current through 2024-29, July 17, 2024
Summary
: This chapter establishes standards of
				professional care for licensees. Violation of this chapter may subject a
				licensee to disciplinary action under
				 10 MRSA
				§8003(5-A)(A)(2) and
				(5).
Respiratory care practice that fails to conform to accepted
				standards of care in the respiratory care profession constitutes misconduct.
				Examples of misconduct include, but are not limited to, the following:
1.
[deleted]
2. Performing new respiratory care techniques
			 or procedures without proper education and training;
3.
[deleted]
4. Failing to supervise persons to whom
			 respiratory care functions have been delegated;
5. Failing to take appropriate action or to
			 follow policies and procedures in the practice situation designated to
			 safeguard the patient;
6.
			 Abandoning, neglecting, or otherwise physically or emotionally abusing a
			 patient requiring respiratory care;
7. Intentionally or negligently causing
			 physical or emotional injury to a patient;
8. Failing to safeguard the patient's dignity
			 and right to privacy in providing services;
9. Violating the confidentiality of
			 information or knowledge concerning the patient;
10. Inaccurate recording, falsifying or
			 altering a patient or health care provider record;
11. Exercising undue influence on a patient,
			 which includes the promotion or sale of services, goods, appliances or drugs,
			 in such a manner as to exploit the patient for financial gain of the
			 Respiratory Care Practitioner or of a third party;
12.
[deleted]
13. Practicing respiratory care when unfit to
			 perform procedures and make decisions in accordance with the license held
			 because of physical, psychological, or mental impediment;
14. Practicing respiratory care when physical
			 or mental ability to practice is impaired by alcohol or drugs including, but
			 not limited to, prescription and non prescription drugs and alcohol;
15. Diverting drugs, supplies, or property of
			 patients or health care providers;
16. Possessing, obtaining, furnishing or
			 administering prescription drugs to any person, including oneself, except as
			 directed by a person authorized by law to prescribe drugs;
17. Allowing another person to use one's
			 Respiratory Care Practitioner license or authorization for practice for any
			 person;
18. Impersonating another
			 licensed Respiratory Care Practitioner; or
19. Impersonating any applicant,
			 misrepresenting a licensee, or acting as proxy for the applicant, in any
			 respiratory care licensure examination.
[NOTE: Additional grounds for disciplinary action appear in
				 10 MRSA
				§8003(5-A)(A).]
STATUTORY AUTHORITY:
				   32 MRSA
				  §9704(2)
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 1 - GENERAL INFORMATION › Section 344-1-1 - Board

Current through 2024-29, July 17, 2024
The Board was established in Fiscal 1986 in order to
				  recognize the professional qualifications of dietitians and dietetic
				  technicians and to assure the availability to the public of information
				  regarding those who hold themselves out to be dietitians and dietetic
				  technicians.
A. Quorum. Three members
				shall constitute a quorum.
B.
				Officers. The Board shall elect a chairperson, secretary and a complaint
				officer who shall serve for (1) year with the privilege of re-election.
				Officers shall be elected at the annual meeting in September. Newly elected
				officers shall assume their duties at the next meeting.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 1 - GENERAL INFORMATION › Section 344-1-2 - Meeting Notices

Current through 2024-29, July 17, 2024
The Department shall be responsible for distributing meeting
				  notices to the board members and to others as may be requested or required by
				  statute.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 1 - GENERAL INFORMATION › Section 344-1-3 - Meetings and Meeting Agendas

Current through 2024-29, July 17, 2024
The Board shall meet at least once each calendar year to
				  conduct its business and to elect a chairperson, secretary and complaint
				  officer. The first meeting of each calendar year shall constitute the annual
				  meeting. Additional meetings may be held as needed to conduct the business of
				  the board and may be convened at the call of the chair or a majority of the
				  board members.
Agendas shall be prepared by the Department in cooperation
				  with the board chairperson and shall include business requiring consideration
				  or action by the board. Business not included on the agenda may be considered
				  following an affirmative vote of a majority of the board members present at the
				  meeting.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 1 - GENERAL INFORMATION › Section 344-1-4 - Records

Current through 2024-29, July 17, 2024
The Department shall maintain a record of all business
				  conducted by the Board and shall preserve, subject to the provisions of 5
				  M.R.S.A., Chapter 6, all books, documents and papers entrusted to their care.
				  Records shall be opened to public inspection subject to 1 M.R.S.A., Chapter 13.
				  Delays in making records available for inspection may be occasioned by action
				  necessary to preserve the security of records, to obtain legal advice, or to
				  avoid disrupting regular business activities and for these reasons, it is
				  recommended that requests be submitted three business days in advance of
				  anticipated inspection.
Access to written communication with the Department of the
				  Attorney General, criminal history records, materials relating to license
				  examinations, pending complaints, and other records may be restricted subject
				  to 1 M.R.S.A., Chapter 13 and other applicable laws.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 1 - GENERAL INFORMATION › Section 344-1-5 - Advisory Rulings

Current through 2024-29, July 17, 2024
A. Authority and
				Scope
The Board may issue an advisory ruling pursuant to
				   5 M.R.S.A.,
				  §9001 concerning the applicability to an
				  existing factual situation of any statutes or rule it administers. Each request
				  shall be reviewed individually by the Board to determine whether an advisory
				  ruling is appropriate. The Board may, at its discretion, decline the request
				  for an advisory ruling. An advisory ruling is not legally binding upon the
				  Board pursuant to
				   5 M.R.S.A.,
				  §9001 of the Administrative Procedure
				  Act.
B. Submission
A request for an advisory ruling shall be submitted to the
				  Board in writing and shall set forth in detail all facts pertinent to the
				  question. The Board may require the submission of additional information as
				  necessary to complete a factual background for a ruling by the Board.
C. Ruling
An advisory ruling shall be in writing and shall include a
				  statement of facts or assumptions, or both, upon which the ruling is based. The
				  statement, without reference to other documents, shall be sufficiently detailed
				  to apprise the reader of the basis of the opinion. A ruling shall be rendered
				  with the assent of four members of the Board. An advisory ruling shall be
				  signed by the Chairperson of the Board, shall be identified specifically as an
				  advisory ruling, and shall be numbered serially.
D. Publication
An advisory ruling shall be mailed to the requesting party
				  and a copy shall be kept by the Board Administrator. An advisory ruling is a
				  public document and shall be available for public inspection during the normal
				  working hours of the Board. In addition, the Board, as it deems appropriate,
				  may otherwise publish or circulate an advisory ruling.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 2 - RULES FOR LICENSING OF DIETETIC PRACTICE › Section 344-2-1 - Definitions

Current through 2024-29, July 17, 2024
A. Nutrition Assessment. Nutrition Assessment
				means a comprehensive process for defining nutrition status using medical,
				nutrition, and medication intake histories, physical examination,
				anthropomorphic measurements, and laboratory data.
1. All dietetic technicians shall be
				supervised by a licensed dietitian while practicing dietetics. The supervising
				dietitian shall develop criteria and screening tools with reevaluation
				protocols to determine the individual's nutritional risk.
2. Dietetic technicians may administer the
				screening tools and follow the reevaluation protocols as determined by the
				supervising dietitian.
3. It is the
				responsibility of the supervising dietitian to ensure that the supervision is
				adequate.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 2 - RULES FOR LICENSING OF DIETETIC PRACTICE › Section 344-2-2 - Licensure

Current through 2024-29, July 17, 2024
A. A person who practices as a dietitian or
				dietetic technician in Maine must be licensed with this Board. Any person
				practicing as a dietitian or a dietetic technician (unless otherwise exempt)
				without a license will be construed as engaging in "unlicensed practice" and
				may be subject to referral to the Office of the Attorney General.
B. Eligibility
1. Dietitian
a. Educational requirements
i. Baccalaureate or higher degree from a U.S.
				regionally accredited college or university as recognized by theCouncil on Post
				Secondary Education. Applicants who have obtained their education outside of
				the United States and its territories must have their academic degree(s)
				validated as equivalent to the baccalaureate or masters degree conferred by a
				regionally accredited college or university in the United States. The Board
				will accept equivalency validations from U.S. regionally accredited colleges or
				universities or Board approved agencies specializing in educational credential
				evaluations; and
ii. Successful
				completion of the academic requirements established by the American Dietetic
				Association (ADA) or the equivalent: a major course of study in human
				nutrition, food and nutrition dietetics, or food system management.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 2 - RULES FOR LICENSING OF DIETETIC PRACTICE › Section 344-2-3 - Standards of Professional Behavior Established in Practice of Dietetics

Current through 2024-29, July 17, 2024
A. Professional Identification Procedure
Licensees must identify themselves as a dietitian or dietetic
				  technician while practicing dietetics. Identification must take the form of
				  a:
1. Name tag with the name of the
				individual and indicating his or her status as a dietitian or dietetic
				technician; and/or
2. Display of a
				current license to practice dietetics in a location visible to all.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 3 - COMPLAINTS AND INVESTIGATIONS › Section 344-3-1 - Complaints

Current through 2024-29, July 17, 2024
Complaints are filed in accordance with procedures
				  established by the Department of Professional and Financial Regulation, Office
				  of Licensing and Registration.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 3 - COMPLAINTS AND INVESTIGATIONS › Section 344-3-2 - Other Investigations

Current through 2024-29, July 17, 2024
An investigation may be conducted based upon information if
				  such information provides prima facie evidence of a violation of 32 M.R.S.A.,
				  Chapter 105, or if the information raises a substantial question regarding the
				  qualifications of any applicant or licensee.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 3 - COMPLAINTS AND INVESTIGATIONS › Section 344-3-3 - Board Member Request for Investigation

Current through 2024-29, July 17, 2024
A member of the Board may file a complaint or request an
				  investigation, but such complaint or request shall serve to disqualify that
				  member from participating in the Board's disposition of that complaint. The
				  complaining Board member shall be prohibited from discussing the issue with
				  other members, except as a witness or party to the proceeding, until after
				  final agency action and the time for appeal has lapsed or appeal rights have
				  been exhausted.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 344 - BOARD OF LICENSING OF DIETETIC PRACTICE › Chapter 3 - COMPLAINTS AND INVESTIGATIONS › Section 344-3-4 - Prohibited Communications

Current through 2024-29, July 17, 2024
The Board members shall avoid discussing, except with
				  adequate notice and opportunity for all parties to participate, any specific
				  case under investigation, or any case which may reasonably be expected to be
				  the subject of investigations, until after final agency action and the time for
				  filing an appeal has lapsed or appeal remedies have been exhausted, except in
				  accordance with the Standard Complaint Procedure of the Department of
				  Professional and Financial Regulation, Office of Licensing and Registration.
				  This rule shall not be construed to prohibit the Board members from speaking
				  with each other, or from having the advice of agency staff, counsel or
				  consultants retained by the Board who have not participated and will not
				  participate in the proceeding in an advocate capacity. This rule shall not be
				  construed to limit communications regarding matters which have reached final
				  disposition, investigatory procedures in general, inquiries regarding the
				  procedural status of a specific case, or other matters not relating to issues
				  of fact or law concerning a specific case.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 10 - DEFINITIONS › Section 360-10-1 - PRIVATE RECORDS

Current through 2024-29, July 17, 2024
"Private records" are those records other than public
				  records which can be located in a reasonable time frame from a known source,
				  are accessible to the licensee upon request, and may be obtained or viewed with
				  reasonable cost.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 10 - DEFINITIONS › Section 360-10-2 - PUBLIC RECORDS

Current through 2024-29, July 17, 2024
"Public records" are those accessible at or available upon
				  request from agencies and instrumentalities of the State of Maine, clerks of
				  court and registers of deeds, and town offices, local officials, and public
				  utilities.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 10 - DEFINITIONS › Section 360-10-3 - SURVEYING ORGANIZATION

Current through 2024-29, July 17, 2024
"Surveying organization" includes all professional
				  surveying, mapping, and other land information organizations, associations or
				  societies the purpose of which is to advance the education, professionalism,
				  and ethics of the surveying, mapping and land information professions
				  including, but not limited to, the National Society of Professional Surveyors
				  (NSPS) (including member organizations), the Maine Society of Land Surveyors
				  (MSLS), and analogous international, national or local associations. "Surveying
				  organization" also includes all state or national boards relating to the
				  licensing, examination, or other regulation of surveyors.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 20 - GENERAL INFORMATION › Section 360-20-2 - OFFICERS

Current through 2024-29, July 17, 2024
The Board shall elect or appoint its officers at its first
				  regularly scheduled meeting of each calendar year.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 30 - ADVISORY RULINGS › Section 360-30-1 - REQUEST AND CONSIDERATION

Current through 2024-29, July 17, 2024
Upon written request of any interested person, the Board may
				  issue an advisory ruling with respect to the applicability of any statute or
				  rule it administers. Requests for advisory rulings must set forth in detail all
				  facts pertinent to the question. The Board may decline to issue an advisory
				  ruling if the question is hypothetical, if there is insufficient information
				  upon which to base a ruling, or for any other reason the Board deems
				  proper.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 30 - ADVISORY RULINGS › Section 360-30-2 - RESPONSE

Current through 2024-29, July 17, 2024
The Board shall respond to every written request for an
				  advisory ruling within ninety (90) days of its receipt of the request,
				  indicating whether or not a ruling will be issued by the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 40 - QUALIFICATION FOR LICENSURE AS LAND SURVEYOR-IN-TRAINING › Section 360-40-1 - OVERVIEW OF PATHS TO LICENSURE

Current through 2024-29, July 17, 2024
Title
				  32 MRSA
				  §18223 sets forth four different
				  combinations of education and experience which, in combination with passing
				  examination scores, will qualify an applicant for licensure as a land
				  surveyor-in-training. These four paths to licensure are:
Education
Experience
Examination
Path 1
Core curriculum plus baccalaureate degree
None
Fundamentals of land surveying
Path 2
Core curriculum plus associate degree
Two years
Fundamentals of land surveying
Path 3
Core curriculum, no degree
Six years
Fundamentals of land surveying
Path 4
None
Seven years
Fundamentals of land surveying
The minimum surveying core curriculum, required experience
				  and examination are described in sections 2-4 below. The applicant may fulfill
				  these requirements in any order.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 40 - QUALIFICATION FOR LICENSURE AS LAND SURVEYOR-IN-TRAINING › Section 360-40-2 - CORE CURRICULUM

Current through 2024-29, July 17, 2024
The minimum surveying core curriculum consists of courses,
				  or their equivalents, in the following topics:
Surveying (6 credit hours)
									 Boundary Law (3 credit hours)
									 English Composition (3 credit hours
For example
					 technical writing, communication, creative writing or
					 speech
Mathematics (6 credit hours)
For example
					 advanced algebra, analytical trigonometry, analytical geometry, differential
					 calculus, integral calculus, spherical trigonometry, or statistical
					 analysis
Business and Law (6 credit hours)
For example
					 legal principles, accounting, business administration, contracts, business law,
					 or professional ethics
Science (3 credit hours)
For example physics,
					 geology, astronomy, soils, dendrology, chemistry, biology, botany, or ecology
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 40 - QUALIFICATION FOR LICENSURE AS LAND SURVEYOR-IN-TRAINING › Section 360-40-3 - REQUIRED EXPERIENCE

Current through 2024-29, July 17, 2024
1.
Distribution Requirement
An applicant's work experience shall include significant
				  responsibility under the supervision of a professional land surveyor in all the
				  areas described in paragraph A below. Work experience may include teaching as
				  described in paragraph B.
A. Research,
				field work, computations, data analysis, plan development, drafting of written
				descriptions, reports and correspondence.
B. Teaching topics in elementary or advanced
				surveying or the application of surveying to real property, in a curriculum
				acceptable to the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 40 - QUALIFICATION FOR LICENSURE AS LAND SURVEYOR-IN-TRAINING › Section 360-40-4 - EXAMINATION

Current through 2024-29, July 17, 2024
The applicant shall successfully pass an examination on the
				  fundamentals of land surveying prepared and scored by the National Council of
				  Examiners for Engineering and Surveying.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 40 - QUALIFICATION FOR LICENSURE AS LAND SURVEYOR-IN-TRAINING › Section 360-40-5 - SUBMISSION OF APPLICATION FOR LICENSURE

Current through 2024-29, July 17, 2024
The applicant shall submit a completed application on forms
				  furnished by the Board, together with:
1. Academic transcripts showing satisfaction
				of the degree requirements and core curriculum described in sections
				1 and
				2 above if applicable.
2. The license fee.
3. Completed form provided by the Board
				demonstrating land surveying experience.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 40 - QUALIFICATION FOR LICENSURE AS LAND SURVEYOR-IN-TRAINING › Section 360-40-7 - NOTICE TO APPLICANTS OF LICENSURE DECISION (REPEALED)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 50 - QUALIFICATION FOR LICENSURE AS PROFESSIONAL LAND SURVEYOR › Section 360-50-1 - QUALIFICATIONS FOR LICENSURE

Current through 2024-29, July 17, 2024
To be eligible for licensure as a professional land
				  surveyor, the applicant must:
1. Hold
				a valid Maine license as a land surveyor-in-training or be qualified for
				issuance of a Land Surveyor-in-training pursuant to Chapter 60, section 1;
				and
2. Demonstrate twenty-four (24)
				months of full-time experience as a Maine land surveyor-in-training under the
				supervision of a professional land surveyor. An applicant's experience must
				include significant responsibility in all of the areas described in paragraph A
				below. Experience may include teaching as described in paragraph B.
A. Research, field work, computations, data
				analysis, plan development, drafting or written descriptions, reports and
				correspondence.
B. Teaching topics
				in elementary or advanced surveying or the application of surveying to real
				property, in a curriculum acceptable to the Board may not exceed 50% of the 24
				months; and
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 50 - QUALIFICATION FOR LICENSURE AS PROFESSIONAL LAND SURVEYOR › Section 360-50-2 - SUBMISSION OF EXAMINATION APPLICATION

Current through 2024-29, July 17, 2024
The applicant shall submit a completed application on forms
				  furnished by the Board, together with:
1. The examination fee.
2. A separate Verification of Employment form
				for each employer listed on the application. The applicant shall send the form
				to the employer for confirmation and transmittal to the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 50 - QUALIFICATION FOR LICENSURE AS PROFESSIONAL LAND SURVEYOR › Section 360-50-4 - NOTICE TO APPLICANTS OF ELIGIBILITY TO TAKE EXAMINATION (REPEALED)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 50 - QUALIFICATION FOR LICENSURE AS PROFESSIONAL LAND SURVEYOR › Section 360-50-5 - EXAMINATIONS

Current through 2024-29, July 17, 2024
1.
Description of Examination
The applicant shall successfully pass all parts of an
				  examination in the principles and practice of land surveying, as summarized
				  below.
A. An examination prepared and
				scored by the National Council of Examiners for Engineering and Surveying. This
				examination tests competence in the professional aspects of land
				surveying.
B. A Maine specific
				examination testing surveying topics with a focus on Maine practice.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 50 - QUALIFICATION FOR LICENSURE AS PROFESSIONAL LAND SURVEYOR › Section 360-50-6 - SEALS FOR PROFESSIONAL LAND SURVEYORS

Current through 2024-29, July 17, 2024
A professional land surveyor shall (a) sign and (b) seal
				  and/or emboss every final document, including but not limited to plans,
				  descriptions, reports, maps, plats and other drawings, with a circular seal
				  having an outside diameter of not less than 1½ inches. The seal shall
				  plainly set forth the following information:
1. The professional land surveyor's full
				name.
2. The professional land
				surveyor's license number.
3. The
				words "State of Maine" and "Professional Land Surveyor."
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 60 - LICENSURE BY COMITY › Section 360-60-1 - LICENSURE AS LAND SURVEYOR-IN-TRAINING

Current through 2024-29, July 17, 2024
An applicant who holds a license, in good standing, as a
				  Land Surveyor-in-Training, or its equivalent, issued by the applicant's
				  resident jurisdiction shall qualify for licensure by passing the examination
				  described in Chapter 40, section 4, provided that the applicant shall be
				  credited with any passing score previously earned on this
				  examination.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 60 - LICENSURE BY COMITY › Section 360-60-2 - LICENSURE AS PROFESSIONAL LAND SURVEYOR

Current through 2024-29, July 17, 2024
An applicant who holds a license, in good standing, as a
				  Professional Land Surveyor issued by the applicant's resident jurisdiction
				  shall qualify for licensure by passing the examination described in Chapter 50,
				  section 5, provided that the applicant shall be credited with any passing score
				  previously earned on the examination prepared and scored by the National
				  Council of Examiners for Engineering and Surveying.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 60 - LICENSURE BY COMITY › Section 360-60-3 - SUBMISSION, PROCESSING AND DISPOSITION OF APPLICATION; PAYMENT OF FEES

Current through 2024-29, July 17, 2024
The provisions of Chapters 40 and 50 generally shall apply
				  to applicants for licensure by comity.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 70 - CONTINUING EDUCATION › Section 360-70-1 - Applicability

Current through 2024-29, July 17, 2024
A professional land surveyor shall certify at time of license
				  renewal to compliance with the continuing education requirement set forth in
				  this chapter. The provisions of this chapter do not apply to a professional
				  land surveyor 65 years of age or older who practices less than 160 hours a
				  year, or to land surveyors-in-training.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 70 - CONTINUING EDUCATION › Section 360-70-2 - Audit

Current through 2024-29, July 17, 2024
The licensee's certification of completion of professional
				  education is subject to audit pursuant to Chapter 13 of the rules of the Office
				  of Professional and Occupational Regulation, entitled "Uniform Rule for the
				  Substantiation of Continuing Education Requirements."
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 70 - CONTINUING EDUCATION › Section 360-70-3 - General Requirement

Current through 2024-29, July 17, 2024
A professional land surveyor shall certify at time of license
				  renewal to completion of 8 hours of continuing education during the preceding
				  license term as set forth in this chapter. One hour of continuing education is
				  earned for each hour of actual instructional time, excluding breaks, meals and
				  other non-instructional time. To be recognized for credit, a continuing
				  education activity must be of a type described in Section
				  5 and must meet the content requirement
				  set forth in Section
				  6.
Carryover of excess continuing education credit from one
				  license term to another is not permitted.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 70 - CONTINUING EDUCATION › Section 360-70-4 - First License Renewal

Current through 2024-29, July 17, 2024
A licensee whose initial license is issued during the first
				  year of the 2-year license term shall certify to completion of 4 hours of
				  professional education during the preceding license term at time of first
				  renewal. A licensee whose initial license is issued during the second year of
				  the 2-year license term need not complete any continuing professional education
				  to be eligible for a first renewal.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 70 - CONTINUING EDUCATION › Section 360-70-5 - Acceptable Types of Continuing Education Activities; Documentation Required

Current through 2024-29, July 17, 2024
Continuing education may be earned by participation in
				  seminars, courses, instructional programs, workshops or in-service training
				  sessions, whether presented live or through distance education methods. The
				  provider or sponsor of the continuing education must supply to attendees or
				  participants a certificate of attendance or completion, as the case may be,
				  specifying the content area, date of the activity, and the number of hours
				  earned, or other documentation acceptable to the board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 70 - CONTINUING EDUCATION › Section 360-70-6 - Content Requirement for Continuing Education Activities

Current through 2024-29, July 17, 2024
A continuing education activity must instruct in one or more
				  of the following content areas:
1.
				Topics directly related to the practice of land surveying;
2. General business administration or
				management relevant to the practice of land surveying;
3. Land use regulation;
4. Other related land use fields, including
				but not limited to civil or environmental engineering, site evaluation for
				septic system design, soils, landscape architecture, geology, forestry, title
				examination and insurance, and other legal issues related to real
				estate;
5. Computer application
				skills or programming relevant to the practice of land surveying;
6. Communication, including but not limited
				to speech and technical writing;
7.
				Compliance with the laws and rules of the board; and
8. Other subject matters the understanding of
				which appreciably aids a land surveyor in the performance of professional
				duties.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 70 - CONTINUING EDUCATION › Section 360-70-7 - Deferment; Waiver

Current through 2024-29, July 17, 2024
1.
Deferment
Pursuant to
				  10 MRSA
				  §8003(5-A)(D)(4), the
				  board may issue continuing education deferments in cases of undue
				  hardship.
2.
Waiver
Continuing education is waived for certain active duty
				  military personnel as set forth in
				  37-B
				  MRSA §390-A.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 360 - BOARD OF LICENSURE FOR PROFESSIONAL LAND SURVEYORS › Chapter 90 - STANDARDS OF PRACTICE › Part 1 - PROFESSIONAL STANDARDS › Section 360-90-1-1 - THE LICENSEE'S RESPONSIBILITY TO SOCIETY

Current through 2024-29, July 17, 2024
A licensee shall:
1. Inform the licensee's employer, client or
				  such other authority as may be appropriate when the licensee's professional
				  judgment is overruled in judicial proceedings.
2. Prepare reports and testimony and make
				  statements that are truthful and based upon independent professional
				  judgment.
3. Express professional
				  opinions only when founded upon a thorough knowledge of the facts and a careful
				  evaluation of the subject;
4. Issue
				  no criticisms or arguments on technical matters that are inspired or paid for
				  by interested parties, unless the licensee explicitly identifies the interested
				  parties on whose behalf the licensee is speaking, and reveals any interest such
				  parties have in the matters.
5.
				  Prohibit use of the licensee's own or firm names by, and business associations
				  with, any person or firm which the licensee knows or should know is engaging in
				  fraudulent or dishonest business or professional practices.