Public Law, Chapter 695, Part B, 123rd Legislature, Second Regular Session

Chapter 695 H.P. 1615 - L.D. 2252

PART B

Sec. B-1. 7 MRSA §508, sub-§7, as amended by PL 2005, c. 512, §26, is further amended to read:

7. Reused food or drugs. To introduce or deliver for introduction into commerce, or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug or cosmetic container or in a container that, though not a reused container, is identifiable as a food, drug or cosmetic container by its labeling or other identification. The reuse of a food, drug or cosmetic container as a container for a hazardous substance is an act that results in the hazardous substance being a misbranded package. For the purposes of this subsection and section 509, "drug" has the same meaning as defined in Title 32, section 13702 13702-A, subsection 9 11.

Sec. B-2. 10 MRSA §1141, sub-§1, as enacted by PL 1991, c. 261, is amended to read:

1. Credit card. "Credit card" has the same meaning as "accepted credit card," as defined in Title 9-A, section 8-103, subsection 1 1-A, paragraph A.

Sec. B-3. 10 MRSA §9041, first ¶, as amended by PL 1991, c. 714, §4, is further amended to read:

The board shall adopt rules and establish standards as provided by section 9005 9005-A to administer and enforce this subchapter.

Sec. B-4. 22 MRSA §2383-B, sub-§3, ¶C, as enacted by PL 1995, c. 499, §3 and affected by §5, is amended to read:

C. "Prescription drugs" has the same meaning as defined in Title 32, section 13702 13702-A, subsection 24 30 and includes so-called legend drugs.

Sec. B-5. 26 MRSA §682, sub-§8, ¶B, as enacted by PL 1989, c. 536, §§1 and 2 and affected by c. 604, §§2 and 3, is amended to read:

B. "Drug" has the same meaning as found in Title 32, section 13702 13702-A, subsection 9 11.

Sec. B-6. 32 MRSA §552, last ¶, as enacted by PL 2005, c. 262, Pt. A, §4, is amended to read:

The board may waive the examination requirements and grant a license to any applicant who presents proof of being licensed to practice in another jurisdiction of the United States or another country whose licensing requirements are considered by the board to be substantially equivalent to or higher than those set forth in this chapter, if no cause exists for denial of a license under section 503-A 503-B or Title 10, section 8003, subsection 5-A, paragraph A. The applicant shall pay the required license fee as set under section 558.

Sec. B-7. 32 MRSA §1071, sub-§1, as amended by PL 1993, c. 600, Pt. A, §56, is further amended to read:

1. Membership. A person is not eligible for appointment to the board who has been convicted of a violation of the provisions of this or any other prior dental practice act, or who has been convicted of a crime punishable by more than one year's imprisonment. A person is not eligible for appointment to the board who has served 10 years or more on a dental examining board in this State. Appointment of members must comply with Title 10, section 60 8009. The Governor may remove a member of the board on proven charges of inefficiency, incompetence, immorality or unprofessional conduct.

Sec. B-8. 32 MRSA §1301, 2nd ¶, as amended by PL 1993, c. 600, Pt. A, §103, is further amended to read:

Appointments are for 5-year terms. Appointments of members must comply with Title 10, section 60 8009.

Sec. B-9. 32 MRSA §2151, as amended by PL 1993, c. 600, Pt. A, §120, is further amended to read:

§ 2151. Appointment; term; removal

The State Board of Nursing, as established by Title 5, section 12004-A, subsection 25, consists of 9 members who are appointed by the Governor. A full-term appointment is for 4 years. Appointment of members must comply with Title 10, section 60 8009. Members of the board may be removed from office for cause by the Governor.

Sec. B-10. 32 MRSA §2415, as amended by PL 1995, c. 606, §2, is further amended to read:

§ 2415. Appointment; tenure; vacancies; removal

The State Board of Optometry, as established by Title 5, section 12004-A, subsection 28 and in this chapter called the "board," consists of 6 persons appointed by the Governor. Five of the appointees must have been resident optometrists engaged in the actual practice of optometry in this State for a period of at least 5 years prior to their appointment and after the 1999 renewal they must hold advanced therapeutic licenses. One of the appointees must be a consumer member who is a resident of this State and has no pecuniary interest in optometry or in the merchandising of optical products. Appointment is for a term of 5 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. The board has a common seal.

Sec. B-11. 32 MRSA §3263, first ¶, as amended by PL 1997, c. 680, Pt. C, §1, is further amended to read:

The Board of Licensure in Medicine, as established by Title 5, section 12004-A, subsection 24, and in this chapter called the "board," consists of 9 individuals who are residents of this State, appointed by the Governor. Three individuals must be representatives of the public. Six individuals must be graduates of a legally chartered medical college or university having authority to confer degrees in medicine and must have been actively engaged in the practice of their profession in this State for a continuous period of 5 years preceding their appointments to the board. A full-term appointment is for 6 years. Appointment 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. B-12. 32 MRSA §3651-A, sub-§1, as amended by PL 2007, c. 402, Pt. P, §7, is further amended to read:

1. Residency requirement. An applicant who has graduated after January 1, 1991 from podiatric medical school as set forth in section 3651-B 3651-C seeking licensure to practice podiatry shall provide the board with evidence of satisfactory completion of at least one year of postgraduate clinical training in a podiatric residency training program approved by the accrediting body of the American Podiatric Medical Association, or its successor or other organization approved by the board.

Sec. B-13. 32 MRSA §3651-A, sub-§2, as amended by PL 2007, c. 402, Pt. P, §8, is further amended to read:

2. Residency licensure. A doctor of podiatric medicine who has graduated after January 1, 1991 from podiatric medical school as set forth in section 3651-B 3651-C may not practice podiatric medicine in a podiatric residency program without first having applied for and obtained a residency license from the board.

A. An applicant for a residency license must be a doctor of podiatric medicine who is a graduate of a school of podiatry, as set forth in this chapter. An examination is not required for applicants for residency licensure. The fee for residency licensure is the same as the fee for licensure for that year. A residency license may be denied for a reason for which a podiatric medical license may be disciplined under section 3655-A 3656 or Title 10, section 8003, subsection 5-A, paragraph A.

B. A residency license is valid only for the practice of podiatric medicine as part of the postgraduate residency program. A residency license is subject to discipline for a reason for which a podiatric medical license may be disciplined under section 3655-A 3656 or Title 10, section 8003, subsection 5-A, paragraph A. If the holder of a residency license is terminated from or otherwise ceases to be a resident in the postgraduate residency program, the residency license becomes void as of the date the resident is terminated or ceases to be a resident.

C. A residency license is valid for up to one year, and may be renewed annually before the first day of July of every year, not to exceed an aggregate of 4 years. Renewal of a residency license is subject to the same requirements and conditions as the initial residency license.

Sec. B-14. 32 MRSA §6220, as repealed and replaced by PL 2003, c. 347, §23 and affected by §25, is amended to read:

§ 6220. Endorsement

The board may waive the requirements of this chapter and grant a registration, certificate or license to any applicant who presents proof of authorization to practice by another jurisdiction of the United States or another country that maintains professional standards considered by the board to be substantially equivalent to or higher than those set forth in this chapter, as long as there is no cause for denial of a registration, certificate or license under section 6217-A 6217-B or Title 10, section 8003, subsection 5-A, paragraph A. The applicant must pay the application and license fee as set under section 6215.

Sec. B-15. 32 MRSA §12274, sub-§3, as amended by PL 2007, c. 402, Pt. Z, §22, is further amended to read:

3. Discipline. In any case when the board renders a decision imposing discipline against a licensee under this section and section 12273 12273-A, the board shall examine its records to determine whether the licensee holds a certificate or a license in any other state; and, if so, the board shall notify the board of accountancy of that other state of its decision by mail within 45 days of rendering the decision. The board may also furnish information relating to proceedings resulting in disciplinary action to other public authorities and to private professional organizations having a disciplinary interest in the licensee.

Sec. B-16. 32 MRSA §12278, as enacted by PL 1987, c. 489, §2, is amended to read:

§ 12278. Single act evidence of practice

In any action brought under section 12273 12273-A or 12277 or Title 10, section 8003, subsection 5-A, evidence from the commission of a single act prohibited by this chapter shall be is sufficient to justify a penalty, injunction, restraining order or conviction, respectively, without evidence of a general course of conduct.

Sec. B-17. 32 MRSA §12279, as enacted by PL 1987, c. 489, §2, is amended to read:

§ 12279. Confidential communications

Except by permission of the client engaging a licensee under this chapter, or the heirs, successors or personal representatives of that client, a licensee or any partner, officer, shareholder or employee of a licensee shall may not voluntarily disclose information communicated to him the licensee, or any partner, officer, shareholder or employee of the licensee, by the client relating to, and in connection with, services rendered to the client by the licensee in the practice of public accountancy. That information shall must be considered confidential , provided that as long as nothing may be construed as prohibiting the disclosure of information required to be disclosed by the standards of the public accounting profession in reporting on the examination of financial statements or as prohibiting disclosures in court proceedings, investigations or proceedings under section 12273 12273-A or Title 10, section 8003, subsection 5-A, in ethical investigations conducted by private professional organizations or in the course of quality reviews.

Sec. B-18. 32 MRSA §13795, sub-§5, ¶A, as enacted by PL 2005, c. 430, §7 and affected by §10, is amended to read:

A. If the Director of the Maine Drug Enforcement Agency within the Department of Public Safety finds that the ease of availability of liquid, liquid-filled capsule or glycerin matrix forms of products containing ephedrine, pseudoephedrine or phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in combination with other ingredients, referred to in this paragraph as "products," is a threat to the public health, safety and welfare, then the Director of the Maine Drug Enforcement Agency shall notify the Director of the Office of Substance Abuse. The Director of the Office of Substance Abuse shall consult with the joint standing committee of the Legislature having jurisdiction over health and human services matters, providing the reasons for undertaking rulemaking, and may, after consultation, adopt rules designating the products as targeted methamphetamine precursors pursuant to section 13702 13702-A, subsection 25-B 33, paragraph B.

Sec. B-19. 32 MRSA §13863, sub-§6, as repealed and replaced by PL 1991, c. 548, Pt. A, §25, is amended to read:

6. Disciplinary action. Any individual who is registered under this section is subject to section 13861 13861-A.

Sec. B-20. 32 MRSA §15104-B, last ¶, as enacted by PL 2001, c. 573, Pt. A, §2, is amended to read:

A person who is or will be aggrieved by the application of any law, code or rule relating to the installation or alteration of boilers and pressure vessels may file a petition for a variance, whether compliance with that provision is required at the time of filing or at the time that provision becomes effective. The filing fee for a petition for a variance must be set by the Director of the Office of Licensing and Registration under section 15109, subsection 9 15104-C. The chief inspector may grant a variance if, owing to conditions especially affecting the particular boiler or pressure vessel involved, the enforcement of any law, code or rule relating to boilers or pressure vessels would do manifest injustice or cause substantial hardship, financial or otherwise, to the petitioner or would be unreasonable under the circumstances , provided that as long as desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of that law, code or rule. In granting a variance under this section, the chief inspector may impose limitations both of time and of use, and a continuation of the use permitted may be conditioned upon compliance with rules made and amended from time to time. A copy of the decision must be sent to all interested parties.

Sec. B-21. 32 MRSA §15108-A, as amended by PL 2001, c. 323, §35, is further amended to read:

§ 15108-A. Boiler and pressure vessel inspectors

The board shall issue a license as a boiler inspector upon payment of an application fee and license fee under section 15109, subsection 9 15104-C set by the director to any person who files an application and meets the qualifications as specified by rule. The board shall issue a license as a boiler inspector upon payment of an application fee and license fee to any person who files an application and holds a certificate as an inspector of steam boilers from a state that has a standard of licensing equal to that of this State or a certification from the National Board of Boiler and Pressure Vessel Inspectors, or its successor organization.

Sec. B-22. 32 MRSA §15117, first ¶, as amended by PL 2001, c. 573, Pt. A, §5, is further amended to read:

Each boiler or pressure vessel used or proposed for use within this State, except boilers or pressure vessels exempt under section 15102, must be thoroughly inspected by the chief inspector, a deputy inspector or an authorized inspector, as to its design, construction, installation, condition and operation. The board shall adopt rules pursuant to the Maine Administrative Procedure Act specifying the method and frequency of inspection. When any boiler or pressure vessel inspected as specified by the board is found to be suitable and to conform to the rules of the board, the chief inspector shall issue to the owner or user of that boiler or pressure vessel, upon payment of a fee to the board, an inspection certificate for each boiler or pressure vessel. The fee under section 15109, subsection 9 15104-C must be set by the director. Inspection certificates must specify the maximum pressure that the boiler or pressure vessel inspected is allowed to carry. The inspection certificate may be valid for not more than 14 months from the date of inspection in the case of boilers and 38 months from the date of inspection in the case of pressure vessels and must be posted under glass in the engine or boiler room containing the boiler or pressure vessel or an engine operated by it or, in the case of a portable boiler, in the office of the plant where it is temporarily located. The board may adopt rules setting forth criteria by which a temporary extension of an inspection certificate beyond 14 months in the case of boilers and beyond 38 months in the case of pressure vessels may be authorized. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A.

Sec. B-23. 38 MRSA §89, as amended by PL 1999, c. 355, §9, is further amended to read:

§ 89. Maine Pilotage Commission members

The Maine Pilotage Commission, as established by Title 5, section 12004-A, subsection 40, consists of 7 members who are citizens of the United States and the State of Maine appointed by the Governor as follows: Three licensed pilots who are actively piloting, one member from each of the coastal zones; 2 members who are not licensed pilots but are from a maritime industry that utilizes the services of pilots; and 2 members representing the public who are not licensed pilots but have a maritime background. Appointments are for 3-year terms. Appointments of members must comply with Title 32 10, section 60 8009. The members of the commission are entitled to compensation according to Title 5, chapter 379.

Sec. B-24. 39-A MRSA §206, sub-§11, as amended by PL 2001, c. 60, §1, is further amended to read:

11. Generic drugs. Providers shall prescribe generic drugs whenever medically acceptable for the treatment of an injury or disease for which compensation is claimed. An employee shall purchase generic drugs for the treatment of an injury or disease for which compensation is claimed if the prescribing provider indicates that generic drugs may be used and if generic drugs are available at the time and place of purchase. If an employee purchases a nongeneric drug when the prescribing provider has indicated that a generic drug may be used and a generic drug is available at the time and place of purchase, the insurer or self-insurer is required to reimburse the employee for the cost of the generic drug only. For purposes of this section, "generic drug" has the same meaning found in Title 32, section 13702 13702-A, subsection 11 14.

Public Laws

123rd Legislature

Second Regular Session

Chapter 695

H.P. 1615 - L.D. 2252