Chapter 402
S.P. 659 - L.D. 1842
PART AA
Sec. AA-1. 32 MRSA §12502, as amended by PL 1997, c. 727, Pt. C, §11, is further amended to read:
1. Membership.
The Board of Complementary Health Care Providers, as established in Title 5, section 12004-A, subsection 8-A, shall regulate the professions of acupuncture and naturopathic medicine according to the provisions of this chapter. The board consists of 7 members appointed by the Governor. The Governor shall make the initial appointments to the board no later than 60 days after the effective date of this section and shall inform the Commissioner of Professional and Financial Regulation of these appointments. The commissioner shall call the first meeting of the board on a date no later than 30 days following notification of appointments by the Governor. All members of the board must be residents of this State. Two members of the board must be acupuncturists licensed in this State. Two members of the board must be practitioners of naturopathic medicine who are eligible for licensure under, or are licensed pursuant to, the requirements of subchapter III 3. One member must be a member of the public member as defined in Title 5, section 12004-A. One member must be an allopathic or osteopathic physician who is licensed in this State. One member must be a pharmacist who is licensed in this State.
2. Terms.
Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 60 8009. The Governor may remove any member for cause.
3. Qualifications.
Members of the board must be trustworthy and competent to fulfill the responsibilities imposed by this chapter. Except for initial appointments made under subsection 1, each Each board member, other than the public member, must have been engaged in the active practice of the member's profession in the State for a minimum of 3 years prior to appointment.
4. Vacancy.
Any vacancy in the board must be filled by appointment of a person of the same category as the board member being replaced to hold office for the unexpired term.
5. Quorum.
Four members of the board constitute a quorum for the transaction of business.
6. Meetings; chair; quorum.
The board annually shall elect a chair and a vice-chair from its membership. The board shall meet at least twice once a year to conduct its business and elect its officers a chair. Additional meetings may 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. All meetings of the board must be open to the public, except that the board may hold closed sessions to prepare, administer or grade examinations or to prepare or provide a response upon request of an applicant for the review of an examination. The board may form subcommittees to aid in the administration of this chapter. Four members of the board constitute a quorum.
7. Reporting.
No later than August 1st of each year, the board shall submit to the commissioner an annual report of its operations and financial position for the preceding fiscal year ending June 30th, together with such comments and recommendations as the board considers essential.
Sec. AA-2. 32 MRSA §12503, as amended by PL 2003, c. 666, §2, is further amended to read:
The board has the following powers and duties in addition to all other powers and duties set forth in this chapter.
1. Duties.
The board shall:A. Make and adopt Adopt rules necessary to administer this chapter;
B. Set standards of practice for acupuncturists and naturopathic doctors;
D. Ensure that acupuncturists and naturopathic doctors serving the public meet minimum standards of proficiency and competency to protect the health, safety and welfare of the public; and
E. Administer and enforce the provisions of this chapter and any rules adopted by the board under that authority granted in this chapter ; .
F. Maintain a record of its acts and proceedings including the issuance, refusal, renewal, suspension and revocation of licenses;
G.
Maintain a roster of all acupuncturists and naturopathic doctors licensed under this chapter that indicates:
(1) The name of the licensee;
(2) The licensee's current professional office address;
(3) The date of issuance and the number of the licensee's license; and
(4) Whether the licensee is in good standing with the board including:
(a) Any specialty certification required by the board;
(b) Any restrictions or limitations to an individual's license;
(c) A record of any revocations or suspensions; and
(d) Any information that the board directs must be included in a member's record;
H. Keep all applications for licensure as a permanent record;
I. Maintain a permanent record of the results of all the examinations administered by the board;
J. Keep the records of the board open to public inspection at all reasonable times; and
K. Adopt and use a seal, the imprint of which, together with the signatures of the chair or vice-chair of the board, evidences its official acts.
2. Complaints.
The board shall investigate, or cause to be investigated, all complaints made to it and all cases of noncompliance with this chapter.
3. Hearings.
The board may conduct hearings to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license or to fulfill its responsibilities under this chapter as the board otherwise determines necessary. The board may not refuse to renew a license for any reason other than failure to pay the required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing upon the written request of any person who is denied a license without hearing for any reason other than failure to pay a required fee. The written request for a hearing must be received by the board within 30 days of the applicant's receipt of written notice of the denial of the application. The written notice of denial must set forth the reasons for the denial and the applicant's right to request a hearing. The board must conduct hearings in conformity with the Maine Administrative Procedure Act to the extent applicable.
4. Subpoena power; administration of oaths; power to compel production of documents.
The board may subpoena witnesses, administer oaths in any hearing or disciplinary proceedings and compel, by subpoena duces tecum, the production of papers and records.
5. Witness fees.
A witness summoned before the board must be paid the same fee as a witness summoned to appear before the Superior Court and that summons has the same effect as though issued for appearance before the Superior Court.
6. Suspension and revocation.
The board may suspend or revoke a license pursuant to Title 5, section 10004. In addition, the board may refuse to issue or renew or the District Court may suspend, revoke or refuse to renew a license on any of the following grounds: A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with services rendered as an acupuncturist or naturopathic doctor;
B. A legal finding of mental incompetence;
C. Aiding or abetting a person, not duly licensed under this chapter, in claiming to be an acupuncturist or naturopathic doctor;
D. Any gross negligence, incompetence or misconduct in the performance of acupuncture or naturopathic medicine;
E. Subject to the limitations of Title 5, chapter 341, conviction of a Class A, Class B or Class C crime or of a crime that, if committed in this State, would be punishable by one year or more of imprisonment; or
F. Any other good cause, relevant to qualifications to practice acupuncture or naturopathic medicine.
Sec. AA-3. 32 MRSA §12503-A is enacted to read:
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 upon a legal finding of mental incompetence.
Sec. AA-4. 32 MRSA §12505, as enacted by PL 1995, c. 671, §13 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed.
Sec. AA-5. 32 MRSA §12505-A is enacted to read:
A person who violates section 12504, 12511 or 12521 is subject to the provisions of Title 10, section 8003.
Sec. AA-6. 32 MRSA §12511, sub-§1, as enacted by PL 1995, c. 671, §13, is amended to read:
1. Licensure required.
A person may not practice acupuncture or profess to be practicing as an acupuncturist in this State unless that person holds a current and valid license from the board, except that a student of acupuncture who has completed at least one year of full-time study in a board-approved acupuncture school may practice acupuncture in a board-approved internship program. The student must be supervised , as defined by rule, by an instructor who is a licensed acupuncturist in this State and be identified as an acupuncture intern when in a clinical setting.
Sec. AA-7. 32 MRSA §12512, as corrected by RR 1995, c. 2, §80, is amended to read:
The eligibility of an applicant for a license to practice acupuncture must be determined in accordance with the following.
1. Eligibility.
To be eligible to apply for a license to practice acupuncture, an applicant must:A. Be at least 21 years of age; and
B.
Have met requirements regarding education and experience as established by the board. These requirements must include the following:
(1) A baccalaureate degree from an accredited institution of higher learning, a license from the State to practice as a registered professional nurse or successful completion of the training program and any competency examination required by the Board of Licensure in Medicine to be qualified as a physician's assistant;
(2) A minimum of 1,000 hours of classroom instruction in acupuncture and related subjects at an institution approved by the board;
(3) A minimum of 300 hours of clinical experience in the field of acupuncture; and
(4) Certification by the National Commission for the Certification of Acupuncturists and Oriental Medicine, or its successor or other organization approved by the board, or passage of a written examination administered approved by the board.
2. Endorsement.
An applicant who holds a current valid license to practice acupuncture from another state with requirements for licensure at least equal to the requirements under this section must be issued a license by the board.
Sec. AA-8. 32 MRSA §12516, as amended by PL 2003, c. 666, §6, is further amended to read:
1. Requirements.
Prior to the expiration of a license, a licensee may make an application for renewal upon payment of the required annual renewal fee established as set under section 12514-A and upon satisfactory demonstration of completion of continuing education requirements adopted by the board as a condition of renewal. It is not a condition of renewal that an applicant who qualified for licensure as a licensed registered nurse continue to be licensed as a registered nurse.
2. Late renewal.
An application for renewal may be made no earlier than 30 days prior to the date of expiration. An application made no more than 90 days past the date of expiration of a license must include a late fee in addition to the renewal fee as set under section 12514-A. An application received more than 90 days past the expiration date is subject to all requirements covering new applicants under this chapter.
Sec. AA-9. 32 MRSA §12525, as amended by PL 2003, c. 666, §§7 and 8, is further amended to read:
1. Qualification for licensure.
To be eligible for a license to practice naturopathic medicine, the applicant must:A. Be a graduate of an approved naturopathic medical college and pass or have passed a competency-based examination approved by the board, covering the appropriate naturopathic subjects, including basic and clinical sciences;
B. Possess a good ethical and professional reputation;
B-1. Be trustworthy and competent;
C. Be physically and mentally capable of safely practicing naturopathic medicine with or without reasonable accommodation;
D. Have had no license to practice naturopathic medicine refused, revoked or suspended by any other state or country for reasons that relate to the applicant's ability to skillfully and safely practice naturopathic medicine unless that license has been restored to good standing by that state or country; and
E. File an application and pay the licensing fees established under section 12526.
2. Conditional licensure.
The board may issue a conditional license to an individual who: A. Submits an application and a fee to be determined by the board;
B. Has graduated from an approved naturopathic medical college; and
C. Has been practicing naturopathic medicine in this State since January 1, 1994.
A conditional licensee has 3 years from the effective date of this subsection to fulfill all licensure requirements and obtain full licensure. A conditional license expires 3 years from the effective date of this subsection. The scope of practice for a conditional licensee is limited to those therapeutic practices covered by section 12522, subsections 1, 2 and 3 and those prescriptive practices covered by section 12522, subsection 4, paragraph A. A conditional licensee may not prescribe legend drugs or receive specialty certification.
3. Naturopathic acupuncture specialty certification.
In order to practice naturopathic acupuncture, a naturopathic doctor must obtain a naturopathic acupuncture specialty certification from the board. The board may issue this specialty certification to a naturopathic doctor who has:A. Submitted an application and a certification fee established under section 12526;
B. Completed an acupuncture program approved by the board that includes 1,000 hours of classroom training and 300 hours of supervised clinical training; and
C. Passed an examination administered by the National Commission for the Certification of Acupuncturists and Oriental Medicine, or its successor or other organization approved by the board.
4. Disclosures.
Naturopathic doctors shall:A. Clearly disclose to each patient and on all printed material that their training is in naturopathic medicine;
B. Openly display their license, attaching renewals and specialty certifications when applicable; and
C. When practicing without malpractice insurance, disclose to each patient that they do not have insurance.
Sec. AA-10. 32 MRSA §12526, sub-§3, as enacted by PL 1995, c. 671, §13, is amended to read:
3. Continuing education.
When renewing a license, a naturopathic doctor must submit to the board evidence of certify to successful completion of continuing education. The minimum continuing education requirement for license renewal is 25 hours annually, at least 7 hours of which must be in pharmacology. Naturopathic doctors who possess a certification in naturopathic acupuncture must complete an additional 15 hours of board-approved continuing education annually, specific to that specialty. The board may further define and implement these continuing education requirements through rulemaking.