An Act To Amend the Licensing Laws of Certain Professions and Occupations
PART A
Sec. A-1. 10 MRSA §8003, sub-§5-A, ¶A, as amended by PL 2009, c. 112, Pt. B, §4, is further amended to read:
(1) The practice of fraud, deceit or misrepresentation in obtaining a license from a bureau, office, board or commission, or in connection with services rendered while engaged in the occupation or profession for which the person is licensed;
(2) Any gross negligence, incompetence, misconduct or violation of an applicable code of ethics or standard of practice while engaged in the occupation or profession for which the person is licensed;
(3) Conviction of a crime to the extent permitted by Title 5, chapter 341;
(4) Any violation of the governing law of an office, board or commission;
(5) Any violation of the rules of an office, board or commission;
(6) Engaging in any activity requiring a license under the governing law of an office, board or commission that is beyond the scope of acts authorized by the license held;
(7) Continuing to act in a capacity requiring a license under the governing law of an office, board or commission after expiration, suspension or revocation of that license;
(8) Aiding or abetting unlicensed practice by a person who is not licensed as required by the governing law of an office, board or commission;
(9) Noncompliance with an order or consent agreement of an office, board or commission;
(10) Failure to produce any requested documents in the licensee's possession or under the licensee's control concerning a pending complaint or proceeding or any matter under investigation; or
(11) Any violation of a requirement imposed pursuant to section 8003-G . ; or
(12) Failure of an individual subject to Title 22, section 1711 or Title 22, section 1711-B to provide to a patient, upon written request, a copy of that patient's treatment records in accordance with the requirements of Title 22, section 1711 or Title 22, section 1711-B, whichever is applicable.
PART B
Sec. B-1. 32 MRSA §1202-A, sub-§4, ¶B, as corrected by RR 2017, c. 1, §28, is amended to read:
(1) Worked at least 12,000 hours in the field of electrical installations as a licensed helper electrician or apprentice electrician under the direct supervision of a master electrician, journeyman electrician or limited electrician, or worked at least 4,000 hours in the field of electrical installations as a journeyman electrician or journeyman-in-training electrician under the indirect supervision of a master electrician or limited electrician or worked at least 6,000 hours in the field of electrical installations as a journeyman-in-training electrician and having have completed a program of study consisting of 576 hours as approved by the board or from an accredited institution. The 576 hours must consist of 450 hours of required study, including a course of 45 hours in the current National Electrical Code and 126 hours of degree-related courses; or
(2) Comparable work experience or education or training, or a combination of work experience, education and training, completed within the State or outside the State, that is acceptable to the board.
PART C
Sec. C-1. 32 MRSA §3114-A, sub-§1, ¶A, as amended by PL 1999, c. 386, Pt. K, §3, is repealed.
PART D
Sec. D-1. 32 MRSA §14035, sub-§2, as amended by PL 2013, c. 547, §5 and affected by §19, is further amended to read:
Sec. D-2. 32 MRSA §14036, sub-§2, as amended by PL 2013, c. 547, §8 and affected by §19, is further amended to read:
Sec. D-3. 32 MRSA §14037, sub-§2, as amended by PL 2013, c. 547, §11 and affected by §19, is further amended to read:
PART E
Sec. E-1. 32 MRSA §17101, sub-§16, as enacted by PL 2007, c. 369, Pt. C, §3 and affected by §5, is amended to read:
Sec. E-2. 32 MRSA §17103, sub-§6, as enacted by PL 2007, c. 369, Pt. C, §3 and affected by §5, is amended to read:
Sec. E-3. 32 MRSA §17301, sub-§5, as enacted by PL 2007, c. 369, Pt. C, §3 and affected by §5, is amended to read:
Sec. E-4. 32 MRSA §17308, first ¶, as enacted by PL 2007, c. 369, Pt. C, §3 and affected by §5, is amended to read:
A license issued under this chapter expires at a time that the commissioner may designate. Every individual licensed under this chapter shall pay the renewal fee as set under section 17309. Renewals are contingent upon evidence of participation in continuing professional education as determined by the board; temporary licenses licensees, speech-language pathology assistants and trainee permits trainees are exempt from this requirement. A license may be renewed up to 90 days after the date of its expiration upon payment of the late fee and renewal fee under section 17309. An individual who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may, in its discretion, waive examination if that renewal application is received together with the late fee and renewal fee under section 17309 within 2 years from the date of the expiration.
PART F
Sec. F-1. 22 MRSA §1711, first and 2nd ¶¶, as amended by PL 1997, c. 793, Pt. A, §1 and affected by §10, are further amended to read:
If a patient of an institution licensed as a hospital by the State, after discharge from such institution, makes written request for copies of the patient's medical records, the copies must, if available, be made available to the patient in accordance with the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) or for a hospital not subject to the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) within a reasonable time unless, in the opinion of the hospital, it would be detrimental to the health of the patient to obtain the records. If the hospital is of the opinion that release of the records to the patient would be detrimental to the health of the patient, the hospital shall advise the patient that copies of the records will be made available to the patient's authorized representative upon presentation of a proper authorization signed by the patient. The hospital may exclude from the copies of medical records released any information related to a clinical trial sponsored, authorized or regulated by the federal Food and Drug Administration.
If an authorized representative for a patient requests, in writing, that a hospital provide the authorized representative with a copy of the patient's medical records and presents a proper authorization from the patient for the release of the information, copies must be provided to the authorized representative in accordance with the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) or for a hospital not subject to the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) within a reasonable time.
Sec. F-2. 22 MRSA §1711-B, sub-§2, as amended by PL 1997, c. 793, Pt. A, §4 and affected by §10, is further amended to read:
If the practitioner believes that release of the records to the patient is detrimental to the health of the patient, the practitioner shall advise the patient that copies of the treatment records or a narrative containing all relevant information in the treatment records will be made available to the patient's authorized representative upon presentation of a written authorization signed by the patient. The copies or narrative must be released to the authorized representative in accordance with the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) or for a health care practitioner not subject to the requirements of 45 Code of Federal Regulations, Section 164.524 (2019) within a reasonable time.
Except as provided in subsection 3, release of a patient's treatment records to a person other than the patient is governed by section 1711-C.