reglab/statecodes huggingface dataset:
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 5 - REGULATIONS RELATING TO TRAINING PROGRAMS AND DELEGATION BY REGISTERED PROFESSIONAL NURSES OF SELECTED NURSING TASKS TO CERTIFIED NURSING ASSISTANTS › Section 380-5-2 - General Regulations Relating to the Prescribed Generalist Curriculum for Nursing Assistant Training Programs

Current through 2024-29, July 17, 2024
Approval and monitoring of training programs for nursing
				  assistants shall be carried out in accordance with 32 M.R.S.A. Section
				  2104.
A. The Board's PRESCRIBED GENERALIST
				CURRICULUM FOR NURSING ASSISTANT BASIC TRAINING PROGRAMS shall be utilized for
				nursing assistant training programs.
1. The
				registered professional nurse, by law, is responsible for the supervision and
				teaching of nursing personnel. Therefore, a registered professional nurse shall
				be in charge of the instructional program to prepare assistants to
				nurses.
2. No program shall be
				conducted that includes less than 70 hours of classroom instruction, 20 hours
				of skills laboratory and 40 hours of correlated, supervised clinical practice
				(Shall be effective September 1, 2021).
3. The clinical instructor/student ratio of
				one to one may at times be necessary for adequate learning and safe patient
				care. The clinical instructor/student ratio must be at least one instructor for
				every ten students. The registered professional nurse instructor must provide
				direct onsite supervision during clinical learning experiences.
4. All course objectives must be met to
				successfully complete this program. All skills must be demonstrated, and the
				student must perform return demonstrations satisfactorily, either in the
				clinical setting or in the skills laboratory.
5. Content need not be taught in the order
				listed. Time may be added and emphasis made by the instructor to highlight
				certain aspects of the curriculum.
6. Certified nursing assistant program
				students will not be taught content beyond what is included in the Board
				approved PRESCRIBED GENERALIST CURRICULUM FOR NURSING ASSISTANT TRAINING
				PROGRAMS.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 5 - REGULATIONS RELATING TO TRAINING PROGRAMS AND DELEGATION BY REGISTERED PROFESSIONAL NURSES OF SELECTED NURSING TASKS TO CERTIFIED NURSING ASSISTANTS › Section 380-5-3 - General Regulations Relating to Accepting the Certified Nursing Assistant Who Has Been Educationally Prepared in a State Other Than Maine

Current through 2024-29, July 17, 2024
A. Consideration for listing on the MAINE
				REGISTRY OF CERTIFIED NURSING ASSISTANTS and DIRECT CARE WORKERS:
1. The nursing assistant has passed a
				nationally certified nursing assistant testing process that includes the
				evaluation of both theory and clinical competence; and
2. The nursing assistant:
a) Has graduated from a certified nursing
				assistant program outside of the State of Maine within the last year; or
b) Has been employed as a
				certified nursing assistant outside of the State of Maine for the last two
				years.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 5 - REGULATIONS RELATING TO TRAINING PROGRAMS AND DELEGATION BY REGISTERED PROFESSIONAL NURSES OF SELECTED NURSING TASKS TO CERTIFIED NURSING ASSISTANTS › Section 380-5-4 - General Regulations Relating to the Standardized Medication Course for Certified Nursing Assistants

Current through 2024-29, July 17, 2024
The purpose of this course is to teach experienced certified
				  nursing assistants to administer selected medications to patients who are 4
				  years of age and older. This complex nursing task shall be performed under the
				  direct on-site supervision of a licensed nurse, only in: long term care nursing
				  facilities; state mental health institutions; county jails and state
				  correctional facilities; assistive living settings as part of a multi-level
				  facility; ambulatory care (limited to transcription of orders); and in a
				  hospital or critical access hospital's designated unit for swing beds, as
				  defined by 10-144 CMR, Ch. 112, Section
				  1,
				  1.12, provided that the following
				  criteria are met:
* The swing bed unit is in a designated part of the
				  facility;
* All swing beds are contiguous with each other; and
* The designated swing bed unit includes all of the beds
				  within the designated area, and does not consist of a random collection of
				  individual rooms or beds that are scattered throughout the facility.
A. Approval Process for the Board's
				STANDARDIZED MEDICATION COURSE FOR CERTIFIED NURSING ASSISTANTS
1. Requests for initial approval to teach the
				medication course shall be submitted to the Board at least 60 days prior to the
				desired starting date of the course and annually thereafter. Board approval
				shall be received by the educational institution or health care facility/agency
				prior to implementation of the medication course.
2. Revisions in the content of the medication
				course and changes in instructional staff, classroom and/or clinical sites
				shall be submitted to the Board for approval prior to implementation of the
				medication course.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 5 - REGULATIONS RELATING TO TRAINING PROGRAMS AND DELEGATION BY REGISTERED PROFESSIONAL NURSES OF SELECTED NURSING TASKS TO CERTIFIED NURSING ASSISTANTS › Section 380-5-5 - Eligibility Requirements for Entry on the Maine Registry of Certified Nursing Assistants and Direct Care Workers

Current through 2024-29, July 17, 2024
A. To be
				eligible for listing on the MAINE REGISTRY OF CERTIFIED NURSING ASSISTANTS and
				DIRECT CARE WORKERS, the nursing assistant shall be in compliance with one of
				the following:
1. has successfully completed
				competency testing and meets one of the following criteria:
a) has successfully completed the Board's
				PRESCRIBED GENERALIST CURRICULUM FOR NURSING ASSISTANT TRAINING PROGRAMS
b) has been awarded a certificate
				of completion of nursing assistant training from the Department of Educational
				and Cultural Services (DECS);
c)
				has been awarded a certificate of training that identifies that such
				course;
d) met requirements set
				forth in Chapter 5 of the Board's Rules and Regulations at the time the
				training took place;
e) provides
				documentation of nurse assistant training in Maine prior to 1975.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 5 - REGULATIONS RELATING TO TRAINING PROGRAMS AND DELEGATION BY REGISTERED PROFESSIONAL NURSES OF SELECTED NURSING TASKS TO CERTIFIED NURSING ASSISTANTS › Section 380-5-6 - Fraud or Deceit in Obtaining a Certificate of Training

Current through 2024-29, July 17, 2024
An individual who practices fraud or deceit in obtaining a
				  certificate of training as a nursing assistant shall not be eligible for
				  listing on the MAINE REGISTRY OF CERTIFIED NURSING ASSISTANTS and DIRECT CARE
				  WORKERS.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 6 - REGULATIONS RELATING TO COORDINATION AND OVERSIGHT OF PATIENT CARE SERVICES BY UNLICENSED HEALTH CARE ASSISTIVE PERSONNEL › Section 380-6-1 - Definition

Current through 2024-29, July 17, 2024
For purposes of this chapter, unlicensed health care
				  assistive personnel are personnel who are not licensed by the board to practice
				  nursing.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 6 - REGULATIONS RELATING TO COORDINATION AND OVERSIGHT OF PATIENT CARE SERVICES BY UNLICENSED HEALTH CARE ASSISTIVE PERSONNEL › Section 380-6-2 - Coordination and Oversight

Current through 2024-29, July 17, 2024
1. General
				Authority
Except as otherwise provided by Chapter 5, and in accordance
				  with this chapter, the registered professional nurse may coordinate and oversee
				  unlicensed health care assistive personnel for specific tasks for specific
				  patients, consistent with patient safety. Except as provided by
				   32 M.R.S.A.
				  Section2102(2)(G), the
				  registered professional nurse shall not coordinate and oversee unlicensed
				  health care assistive personnel for health counseling, teaching or any task
				  that requires independent, specialized nursing knowledge, skill or
				  judgment.
2. Elements of
				Coordination and Oversight
A. Factors to be
				considered
Factors to be considered by the nurse as to whether that
				  nurse may coordinate his/her services with unlicensed health care assistive
				  personnel , consistent with patient safety, include without limitation: acuity
				  of the patient; stability of the condition of the patient; training and
				  capability of the unlicensed health care assistive personnel; nature of the
				  tasks; and the setting in which care is to be delivered.
B. The nurse's responsibility
The nurse who coordinates and oversees services provided by
				  unlicensed health care assistive personnel shall do the following:
(1) identify the needs of the patient,
				consulting the plan of care
(2)
				identify the task to be performed by the unlicensed health care assistive
				personnel
(3) provide directions
				regarding the task to be performed
(4) determine the ability of the unlicensed
				health care assistive personnel to perform the task
(5) monitor reporting and documentation of
				the task
(6) ensure that the
				unlicensed assistive personnel assigned to that nurse's patient reports
				directly to the nurse for the performance of nursing tasks.
(7) evaluate performance of the task and
				patient outcome, and initiate corrective action when necessary.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 7 - REGULATIONS FOR APPROVAL OF PRELICENSURE NURSING EDUCATION PROGRAMS › Section 380-7-1 - PURPOSE

Current through 2024-29, July 17, 2024
To specify procedures and criteria relating to the
				  requirements for, approval of, and withdrawal of approval of Nursing Education
				  Programs, in order to safeguard the public health, safety, and welfare of the
				  people in Maine.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 7 - REGULATIONS FOR APPROVAL OF PRELICENSURE NURSING EDUCATION PROGRAMS › Section 380-7-3 - APPROVAL OF NURSING EDUCATION PROGRAMS

Current through 2024-29, July 17, 2024
A.
				Purposes of Nursing Education Program Approval
1. To promote and regulate educational
				processes that prepare graduates for safe and effective nursing
				practice.
2. To provide eligibility
				for admission to the licensing examination for graduates of Board approved
				programs.
3. To provide criteria
				for the development and approval of new and established Nursing Education
				Programs.
4. To provide procedures
				for the withdrawal of Nursing Education Program approval.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 8 - REGULATIONS RELATING TO ADVANCED PRACTICE REGISTERED NURSING › Section 380-8-2 - General Regulations Relating to Certified Nurse Practitioners

Current through 2024-29, July 17, 2024
1.
Requirements for initial approval to
				practice
A. Submits official
				transcript from a nurse practitioner program approved by the appropriate
				national accrediting body for that specific area of practice.
B. Submits evidence of current certification
				in the specialty area of practice, if applicable.
C. If more than 5 years have elapsed since
				completion of an advanced practice registered nurse program and the applicant
				does not meet the practice requirement set forth by the applicant's advanced
				practice certifying body, the applicant shall complete 500 hours of clinical
				practice supervised by a physician or nurse practitioner in the same specialty
				area of practice.
D. Submits
				evidence of satisfactory completion of 45 contact hours (or 3 credits) of
				pharmacology as set forth in Section
				6(3).
E. Submits the $100.00 approval fee, which is
				not refundable; an application which remains incomplete after 12 months shall
				be considered void.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 8 - REGULATIONS RELATING TO ADVANCED PRACTICE REGISTERED NURSING › Section 380-8-3 - General Regulations Relating to Certified Nurse-Midwives

Current through 2024-29, July 17, 2024
1.
Requirements for approval to
				practice
A. Submits evidence of
				completion of a nurse-midwifery program approved by the American College of
				Nurse-Midwives (A.C.N.M.).
B.
				Submits evidence of certification by the American Midwifery Certification Board
				or its successors, or the former American College of Nurse-Midwives (A.C.N.M.)
				or the American College of Nurse-Midwives Certification Council,
				Inc.(A.C.C.).
C. Submits the fee
				established by the Board for initial approval, which is not refundable; an
				application which remains incomplete after 12 months shall be considered
				void.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 8 - REGULATIONS RELATING TO ADVANCED PRACTICE REGISTERED NURSING › Section 380-8-4 - General Regulations Relating to Certified Registered Nurse Anesthetists

Current through 2024-29, July 17, 2024
1.
Requirements for approval to
				practice
A. Submits evidence of
				completion of at least a master's degree nurse anesthesia Program accredited by
				the Council on Accreditation of Nurse Anesthesia Educational Programs or its
				predecessors or successors.
B.
				Submits evidence of certification by the Council on Certification of Nurse
				Anesthetists and, as applicable, recertification by the Council on
				Recertification of Nurse Anesthetists.
C. Submits the fee established by the Board
				for initial approval, which is not refundable; an application which remains
				incomplete after 12 months shall be considered void.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 8 - REGULATIONS RELATING TO ADVANCED PRACTICE REGISTERED NURSING › Section 380-8-5 - General Regulations Relating to Certified Clinical Nurse Specialists

Current through 2024-29, July 17, 2024
1.
Requirements for approval to
				practice
A. Submits evidence of
				completion of at least a master's degree program in a clinical Specialty area
				accredited by the National League for Nursing or the American Association of
				Colleges of Nursing. The program must have as its objective the preparation of
				nurses to practice as clinical nurse specialists.
B. Submits evidence of certification in a
				clinical specialty area by a national certifying body acceptable to the
				Board.
C. Submits the fee
				established by the Board for initial approval, which is not refundable; an
				application which remains incomplete after 12 months shall be considered
				void.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 8 - REGULATIONS RELATING TO ADVANCED PRACTICE REGISTERED NURSING › Section 380-8-6 - General Regulations Relating to Prescriptive and Dispensing Authority for Certified Nurse Practitioners, Certified Registered Nurse Anesthetists and Certified Nurse-Midwives

Current through 2024-29, July 17, 2024
1.
Requirements for prescriptive authority for certified nurse
				practitioners, certified registered nurse anesthetists and certified
				nurse-midwives
A. If the applicant has
				not prescribed drugs within the past 2 years, the applicant shall provide
				evidence of satisfactory completion of 15 contact hours of pharmacology within
				the 2 years prior to applying for approval to practice.
B. If the applicant has not prescribed drugs
				within the past 5 years, the applicant shall provide evidence of satisfactory
				completion of 45 contact hours (or 3 credits) of pharmacology within the 2
				years prior to applying for approval to practice.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 8 - REGULATIONS RELATING TO ADVANCED PRACTICE REGISTERED NURSING › Section 380-8-7 - Formulary for Certified Nurse Practitioners, Certified Nurse-Midwives and Certified Registered Nurse Anesthetists with Prescriptive Authority

Current through 2024-29, July 17, 2024
1.
General regulations relating to the
				formulary
A. Certified nurse
				practitioners and certified nurse-midwives are authorized to prescribe the
				following:
(1) over-the-counter
				drugs;
(2) appliances and
				devices;
(3) drugs related to the
				specialty area of certification; and
(4) drugs prescribed off label according to
				common and established standards of practice.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 8 - REGULATIONS RELATING TO ADVANCED PRACTICE REGISTERED NURSING › Section 380-8-8 - Continuing Education Requirements for Certified Nurse Practitioners, Certified Nurse-Midwives, Certified Registered Nurse Anesthetists, Certified Clinical Nurse Specialists and those Approved to Practice prior to September 8, 1993 When Certification Was Not Required

Current through 2024-29, July 17, 2024
1.
Continuing Approval to
				Practice
A. A certified nurse
				practitioner, certified nurse-midwife, certified registered nurse anesthetist,
				certified clinical nurse specialist and those approved to practice prior to
				September 8, 1993 when certification was not required seeking continuing
				approval to practice as an advanced practice registered nurse must have
				completed during the 2 year period of licensure a minimum of 50 contact hours
				of continuing education in nursing, medicine or allied health in practice for
				which the individual has been approved as an advanced practice registered
				nurse. The applicant for continuing approval shall affirm under oath, on the
				continuing approval form, completion of the required continuing education.
Documentation of continuing education must be maintained by
				  the advanced practice registered nurse for two license renewal periods and is
				  subject to random or targeted audits.
B. A minimum of 30 contact hours must be in
				Category I, which is defined in subsection2(A).
By December 31, 2017 and thereafter advanced practice
				  registered nurses with prescriptive authority must complete 3 contact hours of
				  Category I continuing education on the prescribing of opioid medication.
C. No more than 20 contact hours
				may be in Category II.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 9 - ADVISORY RULINGS › Section 380-9-1 - Authority and Scope

Current through 2024-29, July 17, 2024
The Board of Nursing may issue advisory rulings pursuant to
				  Title 5, Maine Revised Statutes, § 9001, 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.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 9 - ADVISORY RULINGS › Section 380-9-2 - Submission

Current through 2024-29, July 17, 2024
Requests for advisory rulings shall be in writing and shall
				  set forth in detail all facts pertinent to the question. The Board of Nursing
				  may require additional information as necessary to complete a factual
				  background for its ruling.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 9 - ADVISORY RULINGS › Section 380-9-3 - Consideration

Current through 2024-29, July 17, 2024
A. All requests for advisory rulings will be
				acknowledged by the Board within fifteen (15) 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.
B. 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.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 9 - ADVISORY RULINGS › Section 380-9-4 - Disposition

Current through 2024-29, July 17, 2024
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.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 10 - REGULATIONS RELATING TO ADMINISTRATION OF INTRAVENOUS THERAPY BY LICENSED PRACTICAL NURSES AND REGISTERED PROFESSIONAL NURSES › Section 380-10-1 - Roles of Licensed Practical Nurses and Registered Professional Nurses

Current through 2024-29, July 17, 2024
A.
Definitions
For the purposes of this chapter of the Rules and
				  Regulations, the following definitions pertain:
(1) supervision - shall mean that the
				registered nurse is on-site and immediately available to assess and evaluate
				nurse performance. During any state of civil emergency declared by the Governor
				related to the COVID-19 virus, supervision shall mean that the registered nurse
				is either on-site or is immediately available via telephone or
				videoconferencing technology to assess and evaluate nurse
				performance.
(2) on-site - the
				registered nurse is physically present within the facility when intravenous
				therapy is being administered by the licensed practical nurse
(3) except as limited - those procedures that
				shall NOT be performed by the licensed practical nurse or registered
				professional nurse
(4) peripheral-
				beginning and ending in an extremity. For the purpose of this chapter, midlines
				(beginning peripheral and ending in the axilla) is included.
(5) central catheter/line-is one whose tip is
				located in a central venous vessel. This includes peripherally inserted central
				lines (PICC). A peripherally inserted central catheter is a catheter that
				begins in a peripheral site and ends in a central vessel.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 10 - REGULATIONS RELATING TO ADMINISTRATION OF INTRAVENOUS THERAPY BY LICENSED PRACTICAL NURSES AND REGISTERED PROFESSIONAL NURSES › Section 380-10-2 - General Regulations Pertaining to the Licensed Practical Nurse Performing Intravenous Therapy

Current through 2024-29, July 17, 2024
A.
Authorization to Practice
(1)
				Authorization to practice intravenous therapy administration (Adults and
				Pediatrics) limits the licensed practical nurse to such practice where there is
				on-site supervision by a registered nurse. During any state of civil emergency
				declared by the Governor related to the COVID-19 virus, supervision by a
				registered nurse may be on-site or via telephone or videoconferencing
				technology. If the supervising registered nurse is not on site, the registered
				nurse must be immediately available via telephone or videoconferencing
				technology to assess and evaluate nurse performance.
(2) Authorization to practice intravenous
				therapy administration does NOT permit the licensed practical nurse to perform
				procedures that involve arterial sites/lines.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 11 - JOINT RULE REGARDING TELEHEALTH STANDARDS OF PRACTICE › Section 380-11-1 - STATEMENT REGARDING TELEHEALTH

Current through 2024-29, July 17, 2024
1. The Board
				recognizes that technological advances have made it possible for licensees in
				one location to provide health care to patients in another location with or
				without an intervening health care provider.
2 Telehealth is a useful tool that, if
				applied appropriately, can provide important benefits to patients, including
				increased access to health care, expanded utilization of specialty expertise,
				rapid availability of patient records, and potential cost savings.
3. The Board advises that licensees using
				telehealth in providing health care will be held to the same standards of care
				and professional ethics as licensees providing traditional in-person health
				care.
4. Failure to conform to the
				appropriate standards of care or professional ethics while using telehealth in
				providing health care may subject the licensee to potential discipline by the
				Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 11 - JOINT RULE REGARDING TELEHEALTH STANDARDS OF PRACTICE › Section 380-11-3 - PRACTICE GUIDELINES

Current through 2024-29, July 17, 2024
1. A licensee who
				uses telehealth shall utilize evidence-based telehealth practice guidelines and
				standards of practice, to the degree they are available, to ensure patient
				safety, quality of care, and positive outcomes. The Board acknowledges that
				some nationally recognized medical specialty and nursing specialty
				organizations have established comprehensive telehealth practice guidelines
				that address the clinical and technological aspects of telehealth for many
				health care specialties.
2. MAINE
				LICENSE REQUIRED
A. Physicians, physician
				assistants and advanced practice registered nurses who use telehealth in the
				examination, diagnosis, consultation or treatment of a patient located in Maine
				shall hold an active Maine license or shall hold an active registration in
				Maine to provide interstate consultative telemedicine services.
B. Licensed practical nurses and registered
				professional nurses who use telehealth to provide nursing care services to a
				patient located in Maine shall hold an active Maine nursing license or an
				active multistate license in a nurse compact state.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 12 - JOINT RULE REGARDING OFFICE BASED TREATMENT OF OPIOID USE DISORDER › Section 380-12-2 - PURPOSE

Current through 2024-29, July 17, 2024
The Board is obligated under the laws of the State of Maine
				  to protect the public health and safety. The Board recognizes that medical and
				  advanced nursing practice dictate that the people of the State of Maine have
				  access to appropriate, empathetic and effective treatment of opioid use
				  disorder (OUD). This rule establishes minimum requirements for qualified Office
				  Based Opioid Treatment (OBOT) clinicians to prescribe, and in limited
				  circumstances, dispense approved medications to individuals requiring and
				  seeking treatment for OUD.
The Board recognizes the body of evidence regarding the
				  effectiveness of Approved Medications in the office based treatment of OUD,
				  when such treatment is delivered in accordance with current standards of care,
				  the requirements of the Drug Addiction Treatment Act of 2000 (DATA 2000), and
				  this joint rule. Overdoses and deaths due to approved medications can occur and
				  have been reported. Most overdoses, especially fatal ones, involve the
				  concurrent use of another central nervous system (CNS) depressant such as
				  benzodiazepines, other opioids, or alcohol. Approved Medications such as
				  buprenorphine also pose a significant risk to non-tolerant individuals,
				  especially children. The goal is to provide appropriate treatment of the
				  patient's OUD (either directly or through referral), while adequately
				  addressing other aspects of the patient's functioning, including co-occurring
				  medical and psychiatric conditions and psychosocial issues.
The Board also recognizes the importance of appropriate
				  training and education for clinicians providing OBOT. Clinicians providing OBOT
				  are strongly encouraged to complete continuing education in OBOT and to review
				  the published guidelines of SAMHSA and ASAM that are referenced in this rule,
				  as the Board may use these guidelines, as well as other sources and outside
				  expert reviews, as the standard of care when evaluating OBOT provided by
				  clinicians.
The Board will evaluate allegations of inappropriate OBOT by
				  referring to the rules, current clinical practice guidelines, and standards of
				  care. Clinicians should not fear disciplinary action by the Board for providing
				  OBOT if they are following standards of care, established guidelines and the
				  requirements of this rule. Judgment regarding the propriety of any specific
				  course of action must be based on all of the circumstances presented, and
				  thoroughly documented in the patient's medical record.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 12 - JOINT RULE REGARDING OFFICE BASED TREATMENT OF OPIOID USE DISORDER › Section 380-12-3 - QUALIFICATIONS

Current through 2024-29, July 17, 2024
1. Clinicians who wish to provide Approved
				Medications for OUD in an OBOT must:
A. Hold a
				current license issued by the Board;
B. Hold a current controlled substance
				registration issued by the DEA;
C.
				Obtain a DATA 2000 Waiver and complete buprenorphine training in accordance
				with applicable State and federal laws, rules, and regulations;
D. When required by State law, physician
				assistants must work in collaboration with a licensed physician when
				prescribing medications for the treatment of opioid use disorder; and
E. Comply with this joint
				rule.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 12 - JOINT RULE REGARDING OFFICE BASED TREATMENT OF OPIOID USE DISORDER › Section 380-12-4 - PRESCRIPTION REQUIREMENTS

Current through 2024-29, July 17, 2024
Prescriptions for Approved Medications to treat OUD must
				  include:
1. The full identifying
				information for the patient, including the patient's name and address;
2. The drug name, strength, dosage
				form, and quantity;
3. Directions
				for use;
4. The date on which the
				prescription is signed, which must be the same day it is issued;
5. If the date the medication is to be filled
				is different from the date it is written, it must be indicated on the
				prescription;
6. Both the
				clinician's regular DEA registration number and the clinician's DATA 2000
				identification number (which begins with the prefix X) so long as the DEA
				requires and issues DATA 2000 identification numbers;
7. The appropriate ICD code; and
8. The specific DHHS exemption code for
				dosage limits (if applicable).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 12 - JOINT RULE REGARDING OFFICE BASED TREATMENT OF OPIOID USE DISORDER › Section 380-12-5 - PRINCIPLES OF PROPER OBOT

Current through 2024-29, July 17, 2024
1.
Develop and
				Maintain Competency
A. The diagnosis
				and medical management of OUD should be based on current knowledge and
				research, and should encompass the use of both pharmacologic and
				nonpharmacologic treatment modalities. Thus, before beginning to treat patients
				for opioid addiction, clinicians must be knowledgeable about OUD and its
				treatment, including the use of approved pharmacologic therapies and
				evidence-based nonpharmacologic therapies. Clinicians should consult the DEA
				regulations and the resources available on the DEA's website. Clinicians are
				encouraged to complete continuing education in OBOT and to access the following
				published guidelines on the use of medications for OUD:
1. SAMHSA - TIP 63 - Medication for Opioid
				Use Disorder; and
2. ASAM National
				Practice Guidelines For the Use of Medications in the Treatment of Addiction
				Involving Opioid Use.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 12 - JOINT RULE REGARDING OFFICE BASED TREATMENT OF OPIOID USE DISORDER › Section 380-12-6 - Telehealth Practice

Current through 2024-29, July 17, 2024
1. Telehealth is a
				useful tool that, if applied appropriately, can provide important benefits to
				patients, including increased access to health care, expanded utilization of
				specialty expertise, rapid availability of patient records, and potential cost
				savings.
2. Clinicians using
				telehealth in providing health care will be held to the same standards of care
				and professional ethics as clinicians providing traditional in-person health
				care.
3. Failure to conform to the
				appropriate standards of care or professional ethics while using telehealth in
				providing health care may subject the clinician to potential discipline by the
				Board.
4. Clinicians shall follow
				all applicable rules regarding Telehealth, including the Chapter 11 Joint Rule
				Regarding Telehealth Standards of Practice.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 13 - CRIMINAL HISTORY RECORD INFORMATION › Section 380-13-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. "Applicant" means a person who submits to
				the Board an application for initial licensure or licensure by endorsement,
				including an application for multistate licensure pursuant to M.R.S. Title 32,
				chapter 31, subchapter 2-A.
2.
				"Board" means the State Board of Nursing.
3. "Criminal background check" or "CBC" means
				a background check that includes a search and analysis of criminal history
				record information from the Maine Criminal Justice Information System, which is
				maintained by the SBI, and the FBI. A CBC is performed using the applicant's
				fingerprints. Fingerprint-based CBCs are processed through both the FBI and SBI
				criminal databases, which results in a complete criminal profile of the
				applicant. The FBI and SBI allow the Board to access the result of a CBC
				pursuant to confidentiality and security protocols.
4. "FBI" means the Federal Bureau of
				Investigation within the U.S. Department of Justice.
5. "SBI" means the Maine State Bureau of
				Identification.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 13 - CRIMINAL HISTORY RECORD INFORMATION › Section 380-13-2 - CRIMINAL BACKGROUND CHECKS REQUIRED

Current through 2024-29, July 17, 2024
1.
				Applicants shall submit a set of fingerprints to the State police or its agent
				so that the SBI can conduct a state CBC and a federal CBC on behalf of the
				Board. Applicants who fail to comply with this requirement shall not qualify
				for licensure.
2. State and federal
				criminal history record information may be used by the Board for the sole
				purpose of screening each applicant. Any final Board action, including but not
				limited to the denial of a license, based upon CBC information shall occur
				pursuant to the provisions of M.R.S. Title 5, chapter 341.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 13 - CRIMINAL HISTORY RECORD INFORMATION › Section 380-13-3 - CBC FINGERPRINT PROCESS

Current through 2024-29, July 17, 2024
1. Applicants shall
				use the fingerprint process established by the Board.
2. Applicants shall pay a fee for
				fingerprinting in the amount set by the SBI or its agent directly to the SBI or
				its agent.
3. Applicants shall sign
				an authorization and release form authorizing the release of the CBC
				information to the Board.
4.
				Applicants shall repeat the CBC if the original/prior CBC results received by
				the Board are more than 90 days old.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 13 - CRIMINAL HISTORY RECORD INFORMATION › Section 380-13-4 - CONFIDENTIALITY OF AND ACCESS TO CBC INFORMATION

Current through 2024-29, July 17, 2024
1. CBC information obtained by the Board on
				an applicant is confidential under State and federal law. The Board and Board
				staff shall maintain the confidentiality and security of CBC information
				pursuant to protocols developed in consultation with the SBI and FBI.
2. CBC information may be disclosed only to
				facilitate investigation of the criminal history of the applicant and
				completion of the licensing process.
3. The results of CBC checks are confidential
				and may not be disseminated to the Interstate Commission of Nurse Licensure
				Compact Administrators or to any other person or entity.
4. Applicants requesting to view or obtain a
				copy of their criminal history record information may contact the SBI or the
				FBI Criminal Justice Information Services Division. The procedures for
				obtaining a copy of criminal history record information from the SBI and FBI
				are set forth in
				16 M.R.S.
				§709 and
				28 C.F.R. §§
										16.32 ­-16.33, respectively.
5. Applicants who seek the opportunity to
				complete or challenge the accuracy of the CBC information shall contact the SBI
				or the FBI Criminal Justice Information Services Division. The procedures for
				requesting amendment or correction of SBI criminal history record information
				are set forth in
				16 M.R.S.
				§709. The procedures for obtaining a
				change, correction or update of an FBI identification record are set forth in
				28
				C.F.R. §
										16.34.
6. An applicant whose license has expired and
				who has not applied for renewal may request in writing that the SBI remove the
				applicant's fingerprints from the SBI's fingerprint file.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 21 - USE OF CONTROLLED SUBSTANCES FOR TREATMENT OF PAIN › Section 380-21-3 - APPLICABILITY OF RULE

Current through 2024-29, July 17, 2024
1.
Custodial
				Care Facilities
This rule does not apply to the treatment of patients who
				  are in-patients of any medical facility or to the treatment of patients in any
				  custodial care facilities (including nursing homes, rehabilitation facilities,
				  and assisted living facilities) where the patients do not have possession or
				  control of their medications and where the medications are dispensed or
				  administered by a licensed, certified or registered health care provider.
2.
Hospice
				Care
This rule does not apply to the treatment of patients who are
				  terminally ill and who are receiving hospice services as defined by this
				  rule.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 21 - USE OF CONTROLLED SUBSTANCES FOR TREATMENT OF PAIN › Section 380-21-4 - PRINCIPLES OF PROPER PAIN MANAGEMENT

Current through 2024-29, July 17, 2024
1.
Develop and Maintain Competence
Clinicians must achieve and maintain competence to assess and
				  treat pain to improve function.This includes understanding current,
				  evidence-based practices and using other resources and tools related to opioid
				  prescribing. In some situations, consultation with a specialist is appropriate.
				  Not all pain requires opioid treatment, and clinicians should not prescribe
				  opioids when non-opioid medication is both effective and appropriate for the
				  level of pain and function of the patient.
2.
Universal Precautions
Because of the potential harmful effects of controlled
				  substances, all clinicians prescribing them must employ Universal
				  Precautionsunless unable to do so as a result of a genuine "medical emergency"
				  as defined in Section 2 of this rule.Universal Precautionsis a standardized
				  approach to the assessment and ongoing management of all patients whose pain is
				  being treated with controlled substances. The Boards recognizethe fact that
				  prescribing controlled substances carries with it the risk of physical and/or
				  psychological dependency in patients, regardless of a pre-existing substance
				  use disorderand that certain combinations of controlled substances and certain
				  drug dosages further increase the risk of patient overdoses. The use of
				  Universal Precautions is designed to mitigate the risk posed by prescribing
				  controlled substances while simultaneously managing patient pain and any
				  possible co-occurring medical issues. The elements of Universal Precautions are
				  detailed below.
A.
Evaluation of
				the Patient
(1)
Medical History
				and Physical
Before prescribing any controlled substancesto a patient for
				  acute or chronic pain, a clinician shall perform an initial medical history and
				  appropriate physical examination and evaluation of the patient,which must be
				  documented in the patient's medical record.The documentation shall
				  include:
(a) Duration, location,
				nature and intensity of pain.
(b)
				The effect of pain on physical and psychological function, such as
				work,relationships, sleep, mood.
(c) Coexisting diseases or
				conditions.
(d) Allergies or
				intolerances.
(e) Current substance
				use.
(f) Any available diagnostic,
				therapeutic or laboratory results.
(g) Current and past treatments of pain
				including consultation reports.
(h)
				Documentation of the presence of at least one recognized medical indication for
				the use of controlled substances if one is to be prescribed.
(i) All medications with date,dosage and
				quantity.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 21 - USE OF CONTROLLED SUBSTANCES FOR TREATMENT OF PAIN › Section 380-21-5 - CONTINUING EDUCATION

Current through 2024-29, July 17, 2024
1.
Board of
				Licensure in Medicine
By December 31, 2017 and thereafter, clinicians must complete
				  3 hours of Category 1 credit Continuing Medical Education (CME) every two years
				  on the prescribing of opioid medication as a condition of prescribing opioid
				  medication. By December 31, 2018 and thereafter, all clinicians must complete 3
				  hours of Category 1 credit Continuing Medical Education every two years on the
				  prescribing of opioid medication regardless of whether or not they prescribe
				  opioid medication.Category 1 credits will be accepted for CME regarding opioid
				  prescribing from any of the following: the American Academy of Physician
				  Assistants (AAPA); the American Medical Association Council on Medical
				  Education (AMA); the Accreditation Council for Continuing Medical Education
				  (ACCME); the American Academy of Family Physicians (AAFP); the Committee on
				  Continuing Medical Education of the Maine Medical Association (MMA); the
				  American Osteopathic Association (AOA); or the Maine Osteopathic Association
				  (MOA).
2.
State Board
				of Nursing
By December 31, 2017 and thereafter, advanced practice
				  registered nurses with prescriptive authority must complete 3 contact hours of
				  Category 1 continuing education every two (2) years on the prescribing of
				  opioid medication as a condition of prescribing opioid medication.
3.
Board of Osteopathic
				Licensure
By December 31, 2017 and thereafter, clinicians must complete
				  3 hours of Category 1 credit ContinuingMedical Education (CME) every two years
				  on the prescribing of opioid medication as a condition of prescribing opioid
				  medication. Category 1 credits will be accepted for CME regarding opioid
				  prescribing from any of the following: the American Academy of Physician
				  Assistants (AAPA); the American Medical Association Council on Medical
				  Education (AMA); the Accreditation Council for Continuing Medical Education
				  (ACCME); the American Academy of Family Physicians (AAFP); the Committee on
				  Continuing Medical Education of the Maine Medical Association (MMA); the
				  American Osteopathic Association (AOA); or the Maine Osteopathic Association
				  (MOA).
4.
Board of
				Licensure of Podiatric Medicine
By December 31, 2017 and thereafter, clinicians must complete
				  3 contact hours of Category 1 continuing education every two (2) years on the
				  prescribing of opioid medication as a condition of prescribing opioid
				  medication.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 21 - USE OF CONTROLLED SUBSTANCES FOR TREATMENT OF PAIN › RESOURCES

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