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PART H
Sec. H-1. 32 MRSA §451, sub-§6 is enacted to read:
Sec. H-2. 32 MRSA §454, as amended by PL 1993, c. 600, Pt. A, §41, is further amended to read:
§ 454. Practicing without license; fraudulent licenses
An individual who practices or attempts to practice or use the science or system of chiropractic in treating diseases of the human body; an individual who buys, sells or fraudulently obtains a diploma, license or record to practice chiropractic, or who aids or abets in that selling or fraudulent obtaining; ; an individual who practices chiropractic, under cover of a diploma, license or record to practice chiropractic, illegally obtained, or signed or issued unlawfully or under fraudulent representations; or an individual who, after conviction of felony, practices chiropractic, or who uses any of the forms of letters, "Chiropractic," "Chiropractor," "Chiropractic Practitioner," "Doctor of Chiropractic," "D.C." or any other titles or letters, either alone or with qualifying words or phrases, under circumstances that induce the belief that the individual who uses those terms is engaged in the practice of chiropractic, without having complied with this chapter, commits a Class E crime is subject to the provisions of Title 10, section 8003-C. This section may not be construed to prohibit a lawfully qualified chiropractor in any other state meeting with a licensed chiropractic practitioner in this State for consultation.
Sec. H-3. 32 MRSA §501, as amended by PL 1995, c. 397, §26, is further amended to read:
§ 501. Membership; qualifications; term; removal
The Board of Chiropractic Licensure, as established by Title 5, section 12004-A, subsection 8, and in this chapter called the "board," consists of 7 individuals appointed by the Governor. These individuals must be residents of this State, 5 of whom must be graduates of a legally chartered chiropractic school, college or university having the power to confer degrees in chiropractic licensed chiropractors and must be, at the time of their appointment, actively engaged in the practice of their profession for a period of at least 3 years in this State. Two members must be representatives of the public members as defined in Title 5, section 12004-A. Each appointment is for a period of 3 years. Appointments of members must comply with Title 10, section 60 8009. A member of the board may be removed from office for cause by the Governor.
Sec. H-4. 32 MRSA §502, as amended by PL 2005, c. 262, Pt. A, §1, is repealed and the following enacted in its place:
§ 502. Meetings; chair; quorum; powers and duties
The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. Four members of the board constitute a quorum for the transaction of business. The board has the power to make and adopt rules and a code of ethics consistent with law necessary for the enforcement of its authority, the performance of its duties and the governing of the practice of chiropractic, but a rule or code of ethics may not be made that is unreasonable or contravenes this chapter.
Sec. H-5. 32 MRSA §502-A is enacted to read:
§ 502-A. Chiropractic acupuncture certification
The board shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A, authorizing and governing the use of chiropractic acupuncture by certified licensees. The rules must set forth the requirements for chiropractic acupuncture certification, which must include, but are not limited to, a minimum number of classroom hours of education in acupuncture theory and techniques; a component of supervised clinical acupuncture training or documented clinical acupuncture experience for licensees practicing chiropractic acupuncture prior to April 30, 1999; and instruction in exposure control for blood-borne pathogens and registration as a biomedical waste generator pursuant to Title 38, section 1319-O, subsection 3. A person applying for a chiropractic acupuncture certificate shall file an application together with the fee as set under section 558.
Sec. H-6. 32 MRSA §503-A, as amended by PL 1999, c. 547, Pt. B, §59 and affected by §80, is repealed.
Sec. H-7. 32 MRSA §503-B is enacted to read:
§ 503-B. Denial or refusal to renew license; disciplinary action; informal conference
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:
If the factual basis of a complaint that has been filed is or may be true, and the complaint is of sufficient gravity to warrant further action, the board may request an informal conference with the licensee. The board shall provide the applicant or licensee with adequate notice of the conference and of the issues to be discussed. The conference must be conducted in executive session of the board, pursuant to Title 1, section 405, unless otherwise requested by the applicant or licensee. Statements made at the conference may not be introduced at a subsequent formal hearing unless all parties consent.
Sec. H-8. 32 MRSA §504, as amended by PL 1985, c. 748, §42, is repealed.
Sec. H-9. 32 MRSA §505, as enacted by PL 1977, c. 604, §12, is repealed.
Sec. H-10. 32 MRSA §551, as amended by PL 2005, c. 262, Pt. A, §3, is further amended to read:
§ 551. Examination and licensure
An individual, before engaging in the practice of chiropractic in this State, shall submit an application for a license to practice chiropractic together with the required license fee as set under section 558. Each applicant must be at least 18 years of age and present proof of 2 years' satisfactory attendance at a college of liberal arts. A candidate for licensure shall present a transcript from an accredited college or university certifying that the candidate has completed 2 years of preprofessional work, 2 subjects of which must be English and biology, or otherwise satisfy the members of the board that the candidate has acquired sufficient prior academic education. The applicant shall present a diploma granted by a legally chartered chiropractic college, school or university in good standing and having the power to confer degrees in chiropractic, which diploma must show that it was granted on personal attendance of the applicant and completion of a course of 4 school years of not less than 8 months each and of a total of 4,400 60-minute school hours. If an applicant matriculated in a chiropractic college on or after January 1, 1984, the diploma must show that it was granted by a chiropractic college accredited by a chiropractic educational accrediting agency approved by the United States Department of Education or its successor agency or, if no accrediting agency exists, approved by the board, or the applicant must have evidence of having successfully passed a licensing procedure from another state having similar requirements. If an applicant matriculated in a chiropractic college before January 1, 1984, the diploma must show that it was granted by a chiropractic college accredited as set out in this section, or the applicant must present evidence of having become a diplomat of the National Board of Chiropractic Examiners or of having successfully passed a licensing procedure from another state having similar requirements. Each applicant shall present a certificate of good moral character signed by a reputable individual and any other reasonable and proper facts demonstrate trustworthiness and competence by such means as the board may require in its application form.
Sec. H-11. 32 MRSA §553-A, sub-§1, as amended by PL 2005, c. 262, Pt. A, §5, is further amended to read:
Sec. H-12. 32 MRSA §554, as amended by PL 1993, c. 600, Pt. A, §51, is further amended to read:
§ 554. Display of license; rights
When the board grants to an individual the license mentioned in section 552, the license must designate the holder as a doctor of chiropractic or a chiropractor and must be publicly displayed at the individual's principal place of business so long as that individual continues to practice chiropractic for gain or hire. The license entitles the individual to whom it is granted to practice chiropractic in this State in all of its branches of discipline, except obstetrics, so far as the same relates to parturition, , the administering of drugs and the performance of surgical operations with the use of instruments, except as allowed by law. This section may not be construed to prohibit a legally licensed doctor of chiropractic in this State from practicing surgery after having passed a satisfactory examination before the State Board of Licensure in Medicine.
Sec. H-13. 32 MRSA §556, as amended by PL 2005, c. 262, Pt. A, §6, is further amended to read:
§ 556. License
An individual may not render ancillary services under section 555 until that individual has been approved and issued a certificate of qualification received a chiropractic assistant license or a temporary certificate license issued by the board, either of which is renewable. The applicant must pay a required certification license fee as set under section 558. The board shall adopt rules regarding the training and certification licensure of individuals permitted to render ancillary services under section 555.
Sec. H-14. 32 MRSA §557, as enacted by PL 1991, c. 884, §1, is amended to read:
§ 557. Termination of license
The sanctions of section sections 454 and 503-B apply to individuals who render any ancillary services under section 555 and who:
Sec. H-15. 32 MRSA §558, as repealed and replaced by PL 2005, c. 262, Pt. A, §7, is amended to read:
§ 558. Fees
The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation department may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $300. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. All fees received by the board must be paid to the Treasurer of State and used to carry out this chapter. Any balance of these fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following years.
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Office of the Revisor of Statutes