Public Law, Chapter 402, Part W, 123rd Legislature, First Regular Session

Chapter 402 S.P. 659 - L.D. 1842

PART W

Sec. W-1. 32 MRSA §9703, as amended by PL 1995, c. 397, §89, is further amended to read:

§ 9703. Board of respiratory care practitioners; establishment; compensation

1. Establishment and membership. There is established within the Department of Professional and Financial Regulation department, in accordance with Title 5, section 12004-A, subsection 35, a Board of Respiratory Care Practitioners. The board shall consist consists of 5 members appointed by the Governor as follows:

A. Three respiratory care practitioners who have been engaged in the practice of respiratory care for at least 2 years immediately preceding their appointments and who shall be at all times are holders of valid licenses for the practice of respiratory care in the State , except for the members of the first board, each of whom shall fulfill the requirements for licensure of this chapter; and

B. Two public members who are residents of the State who do not hold a license to practice respiratory care and who have no direct or indirect financial interest in the practice or delivery of respiratory care as defined in Title 5, section 12004-A.

2. Terms of appointment. To the first board established under this chapter, the Governor shall appoint 2 board members for a term of one year, 2 for a term of 2 years and one for a term of 3 years. Appointments made after the initial appointments are for 3-year terms. 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.

3. Meetings; chair; quorum. The board shall meet at least once a year to conduct its business and to elect a chairman chair. Additional meetings shall must be held as necessary to conduct the business of the board and may be convened at the call of the chairman chair or a majority of the board members. Three members of the board shall constitute a quorum for all purposes.

Sec. W-2. 32 MRSA §9704, as amended by PL 1995, c. 397, §§90 to 92, is further amended to read:

§ 9704. Board of Respiratory Care Practitioners; powers and duties

1. Powers. The board shall administer and enforce this chapter and evaluate the qualifications of applicants for licensure. The board may issue subpoenas, examine witnesses, administer oaths and may investigate or cause to be investigated any complaints made to it or any cases of noncompliance with or violation of this chapter.

2. Rules. The board may, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, adopt rules to carry out the policy of this chapter, including, but not limited to, rules relating to professional licensure, professional conduct, continuing education, approval of continuing education programs and to the establishment of ethical standards of practice for persons holding a license to practice respiratory care in this State. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

3. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter. Hearings shall be conducted in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable.

4. Records. The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions.

6. Reports. No later than August 1st of each year, the board shall submit to the commissioner, for the preceding fiscal year, its annual report of its operations, together with such comments and recommendations as the commissioner deems essential.

Sec. W-3. 32 MRSA §9705, sub-§3, as enacted by PL 1985, c. 288, §3 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

3. Unlicensed practice. A person who violates this section is guilty of a Class E crime subject to the provisions of Title 10, section 8003-C.

The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.

Sec. W-4. 32 MRSA §9705-A, as enacted by PL 1999, c. 386, Pt. S, §2, is amended to read:

§ 9705-A. Associate license required

A person may not perform respiratory care services in association with a respiratory care practitioner licensed under this chapter unless that individual is approved by the board in accordance with this section.

1. Licensed in another state. The associate shall file verification that the associate holds a valid license in good standing from another state that has licensure requirements equivalent to the requirements of this chapter.

2. Certified or registered. The associate must be certified or registered by the National Board of Respiratory Care or its successor or other organization approved by the board and must reside in a nonlicensure state.

At the time of application, the associate must report the dates and locations that respiratory care services will be performed in this State, which may not exceed 30 days in a calendar year. If the board determines that the applicant meets the requirements of this section, it may issue an associate permit for license upon payment of a fee not to exceed $10 as set under section 9710.

Sec. W-5. 32 MRSA §9707-A, as enacted by PL 1989, c. 450, §43, is amended to read:

§ 9707-A. Respiratory care practitioner trainee license

The board may register license student employees as respiratory care practitioner trainees as defined under section 9702, subsection 7, and promulgate adopt rules for that registration license. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. W-6. 32 MRSA §9708, sub-§2, as enacted by PL 1985, c. 288, §3, is amended to read:

2. Ethical practice. An applicant shall must exhibit adherence to established ethical professional standards trustworthiness and competence.

Sec. W-7. 32 MRSA §9708, sub-§3, ¶A, as enacted by PL 1985, c. 288, §3, is amended to read:

A. For a license as a respiratory therapist:

(1) The applicant is presently credentialed by the National Board for Respiratory Care or its successor or other organization approved by the board as a registered respiratory therapist; or

(2) The applicant:

(a) Is a graduate of an educational program for respiratory therapists which is recognized by the board and accredited by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education; and

(b) Has passed an examination as provided for in section 9709; or

Sec. W-8. 32 MRSA §9709, sub-§3, as enacted by PL 1985, c. 288, §3, is repealed.

Sec. W-9. 32 MRSA §9710, as amended by PL 1999, c. 386, Pt. S, §4, is repealed and the following enacted in its place:

§ 9710. Fees

The Director of the Office of Licensing and Registration within the 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 $135 biennially. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. W-10. 32 MRSA §9711, as enacted by PL 1985, c. 288, §3, is repealed.

Sec. W-11. 32 MRSA §9712, as amended by PL 1989, c. 450, §§47 and 48, is further amended to read:

§ 9712. Term of licenses

1. Biennial renewal. Licenses shall expire biennially on April 30th or on such other date as the commissioner determines. Notice of expiration shall be mailed to each licensee's last known address at least 30 days in advance of the expiration of the license. The notice shall include any requests for information necessary for renewal.

Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the required renewal fee as set under section 9710. Any A person who submits an application for renewal more than 90 days after the license renewal date shall be is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination if that renewal application is made received, together with the late fee and renewal fee, within 2 years from the date of that expiration.

2. Continuing education. Each license renewal shall be accompanied by evidence of continuing education or other requirements as determined by the board.

3. Transition. Implementation of biennial license renewal shall occur during the 1990 renewal period.

Sec. W-12. 32 MRSA §9713, as enacted by PL 1985, c. 288, §3 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:

§ 9713. Deny or refuse to renew license; disciplinary action

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 any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.

Public Laws

123rd Legislature

First Regular Session

Chapter 402

S.P. 659 - L.D. 1842