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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 113-B. COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING. PL 1995, c. 671, @13 (new))
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Title 32 - §12501. Definitions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 1: BOARD OF COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
§12501. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1995, c. 671, §13 (new).]
1. Acupuncture. "Acupuncture" means the insertion of fine metal needles through the skin at specific points on or near the surface of the
body with or without the palpation of specific points on the body and with or without the application of electric current
or heat to the needles or skin, or both. The practice of acupuncture is based on traditional oriental theories and serves
to normalize physiological function, treat certain diseases and dysfunctions of the body, prevent or modify the perception
of pain and promote health and well-being.
[2003, c. 666, §1 (amd).]
2. Acupuncture intern. "Acupuncture intern" means an acupuncture student enrolled in an acupuncture internship program approved by the board that
involves practical training, including needle insertion on human subjects.
[1995, c. 671, §13 (new).]
3. Approved naturopathic medical college. "Approved naturopathic medical college" means a college or program granting the degree of doctor of naturopathic medicine
or doctor of naturopathy approved by the board that:
A. Is accredited by an accrediting agency recognized by the Federal Government; or
[1995, c. 671, §13 (new).]
B. Is a candidate for accreditation with such an agency.
[1995, c. 671, §13 (new).]
[1995, c. 671, §13 (new).]
4. Board. "Board" means the Board of Complementary Health Care Providers.
[1995, c. 671, §13 (new).]
5. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation.
[1995, c. 671, §13 (new).]
6. Homeopathic preparation. "Homeopathic preparation" means medicine prepared according to the "Homeopathic Pharmacopoeia of the United States Revised
Service" (Nov. 1995).
[1995, c. 671, §13 (new).]
7. Natural antibiotics. "Natural antibiotics" means antimicrobial, antifungal and antiprotozoal agents that are naturally occurring substances or
are manufactured substances that are substantially identical to those naturally occurring substances.
[1995, c. 671, §13 (new).]
8. Naturopathic acupuncture. "Naturopathic acupuncture" means the insertion of acupuncture needles into specific points on the skin to treat human disease
and impairment and to relieve pain. The practice of naturopathic acupuncture is only within the scope of practice of naturopathic
doctors certified pursuant to section 12525.
[1995, c. 671, §13 (new).]
9. Naturopathic doctor. "Naturopathic doctor" means a person authorized and licensed to practice naturopathic medicine under this chapter.
[1995, c. 671, §13 (new).]
10. Naturopathic manipulative therapy. "Naturopathic manipulative therapy" means the manually administered or mechanical treatment of body structures or tissues
in accordance with naturopathic principles for the purpose of restoring normal physiological function to the body by normalizing
and balancing the musculoskeletal system of the body.
[1995, c. 671, §13 (new).]
11. Naturopathic medicine. "Naturopathic medicine" means a system of health care for the prevention, diagnosis and treatment of human health conditions,
injuries and diseases that uses education, natural medicines and therapies to support and stimulate the individual's intrinsic
self-healing processes.
[1995, c. 671, §13 (new).]
12. Naturopathic physical medicine. "Naturopathic physical medicine" means the therapeutic use of physical agents of air, water, heat, cold, sound, light and
electromagnetic nonionizing radiation and the physical modalities of electrotherapy, diathermy, ultraviolet light, ultrasound,
hydrotherapy, naturopathic manipulative therapy, therapeutic exercise and acupuncture if the provider is certified pursuant
to section 12525, subsection 3.
[1995, c. 671, §13 (new).]
13. Office procedures. "Office procedures" means methods for the repair and care incidental to superficial lacerations and abrasions, superficial
lesions and the removal of foreign bodies located in the superficial tissues. The use of antiseptics and local anesthetics
in connection with these methods is permitted. The use of general, regional or spinal anesthetics, major surgery, surgery
of the body cavities or specialized surgeries such as plastic surgery, surgery involving the eye or surgery when tendons are
involved is not permitted.
[1995, c. 671, §13 (new).]
14. Person. "Person" means any individual, firm, partnership, corporation or other association or organization.
[1995, c. 671, §13 (new).]
15. Topical medicine. "Topical medicine" means topical analgesics, anesthetics, antiseptics, scabicides, antifungals and antibacterials.
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12502. Board of Complementary Health Care Providers established
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 1: BOARD OF COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
§12502. Board of Complementary Health Care Providers established
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. One member must be a member
of the public. 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.
[1997, c. 727, Pt. C, §11 (amd).]
2. Terms. Appointments are for 3-year terms. Appointments of members must comply with section 60. The Governor may remove any member
for cause.
[1995, c. 671, §13 (new).]
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 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.
[1995, c. 671, §13 (new).]
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.
[1995, c. 671, §13 (new).]
5. Quorum. Four members of the board constitute a quorum for the transaction of business.
[1995, c. 671, §13 (new).]
6. Organization and meetings. The board annually shall elect a chair and a vice-chair from its membership. The board shall meet at least twice a year
to conduct its business and elect its officers. Additional meetings may 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.
[1995, c. 671, §13 (new).]
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.
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12503. Powers and duties of the board
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 1: BOARD OF COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
§12503. Powers and duties of the board
The board has the following powers and duties in addition to all other powers and duties set forth in this chapter.
[1995, c. 671, §13 (new).]
1. Duties. The board shall:
A. Make and adopt rules necessary to administer this chapter;
[1995, c. 671, §13 (new).]
B. Set standards of practice for acupuncturists and naturopathic doctors;
[1995, c. 671, §13 (new).]
C.
[2003, c. 666, §2 (rp).]
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;
[1995, c. 671, §13 (new).]
E. Administer and enforce the provisions of this chapter and any rules adopted by the board under that authority granted in
this chapter;
[1995, c. 671, §13 (new).]
F. Maintain a record of its acts and proceedings including the issuance, refusal, renewal, suspension and revocation of licenses;
[1995, c. 671, §13 (new).]
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;
[1995, c. 671, §13 (new).]
H. Keep all applications for licensure as a permanent record;
[1995, c. 671, §13 (new).]
I. Maintain a permanent record of the results of all the examinations administered by the board;
[1995, c. 671, §13 (new).]
J. Keep the records of the board open to public inspection at all reasonable times; and
[1995, c. 671, §13 (new).]
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.
[1995, c. 671, §13 (new).]
[2003, c. 666, §2 (amd).]
2. Complaints. The board shall investigate, or cause to be investigated, all complaints made to it and all cases of noncompliance with
this chapter.
[1995, c. 671, §13 (new).]
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.
[1995, c. 671, §13 (new).]
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.
[1995, c. 671, §13 (new).]
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.
[1995, c. 671, §13 (new).]
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;
[1995, c. 671, §13 (new).]
B. A legal finding of mental incompetence;
[1995, c. 671, §13 (new).]
C. Aiding or abetting a person, not duly licensed under this chapter, in claiming to be an acupuncturist or naturopathic doctor;
[1995, c. 671, §13 (new).]
D. Any gross negligence, incompetence or misconduct in the performance of acupuncture or naturopathic medicine;
[1995, c. 671, §13 (new).]
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
[1995, c. 671, §13 (new).]
F. Any other good cause, relevant to qualifications to practice acupuncture or naturopathic medicine.
[1995, c. 671, §13 (new).]
[1995, c. 671, §13 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12504. Unauthorized employment
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 1: BOARD OF COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
§12504. Unauthorized employment
A person in the course of business may not employ an acupuncturist or naturopathic doctor who does not have a license unless
that person is a student or intern within the meaning of this chapter.
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12505. Violation
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 1: BOARD OF COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
§12505. Violation
A person who violates section 12504, 12511 or 12521 commits a Class E crime. 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.
[1995, c. 671, §13 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12506. Rulemaking
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 1: BOARD OF COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
§12506. Rulemaking
Rules adopted pursuant to section 12522, subsection 4; and section 12526, subsection 3 are major substantive rules as defined
by Title 5, chapter 375, subchapter II-A. All other rules adopted pursuant to this chapter are routine technical rules.
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12511. Licensure
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12511. Licensure
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 by an instructor who is a licensed acupuncturist in this State and be identified as an acupuncture intern
when in a clinical setting.
[1995, c. 671, §13 (new).]
2. Exception. This chapter does not apply to any person who is licensed to practice any healing art or science and who is practicing acupuncture
in the course of that practice and within the scope of that license.
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12512. Eligibility requirements for acupuncturists
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12512. Eligibility requirements for acupuncturists
The eligibility of an applicant for a license to practice acupuncture must be determined in accordance with the following.
[1995, c. 671, §13 (new).]
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
[RR 1995, c. 2, §80 (cor).]
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 or passage of a written examination
administered by the board.
[1995, c. 671, §13 (new).]
[RR 1995, c. 2, §80 (cor).]
2. License from another state. 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.
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12513-A. Scope of practice
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12513-A. Scope of practice
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Chinese patent remedies" means patent remedies used in accordance with traditional Chinese, Japanese and Korean herbal
literature.
[2003, c. 666, §3 (new).]
B. "Chinese premade herbal remedies" means premade herbal remedies used in accordance with traditional Chinese, Japanese and
Korean herbal literature.
[2003, c. 666, §3 (new).]
C. "Custom-made Chinese herbal formulations" means custom-made herbal formulations used in accordance with traditional Chinese,
Japanese and Korean herbal literature.
[2003, c. 666, §3 (new).]
[2003, c. 666, §3 (new).]
2. Scope of practice. The scope of practice of acupuncturists includes acupuncture and the allied techniques and modalities of the distinct system
of health care that use oriental principles to diagnose and treat illness, injury, pain and other conditions by regulating
the flow and balance of energy to restore and maintain health. These allied techniques and modalities include the following,
as defined by and used exclusively in accordance with the traditions and formal curricula taught in accredited colleges of
acupuncture: oriental diagnostic procedures; electrical and magnetic stimulation; moxibustion and other forms of heat therapy;
sound, light and vibrational therapy; cupping techniques and gua sha; recommendation and dispensing of Chinese patent remedies
or Chinese premade herbal remedies and lifestyle and dietary counseling; formulation and dispensing of custom-made Chinese
herbal formulations, to the extent that an acupuncturist has received additional certification pursuant to subsection 3; sotai;
shiatsu; qi gong; zero balancing; tui na; and acupressure. These techniques and modalities do not include manipulation or
mobilization of the skeletal articulations of the human body.
[2003, c. 666, §3 (new).]
3. Additional certification. Certification is required for licensed acupuncturists to practice the formulation and dispensing of custom-made Chinese
herbal formulations. "Formulation" means the preparation of traditional combinations of herbs to produce formulas from Chinese
herbal literature, the modification of such traditional combinations or the writing of new formulas to address individual
symptom presentations, through addition, deletion, substitution or change in dosages of ingredients and the dispensing of
these herbal preparations to patients.
A. The board shall adopt rules specifying the training required for licensed acupuncturists to obtain the certification for
custom-made Chinese herbal formulation. These requirements must include a minimum number of hours of combined classroom and
clinical training or, for those licensed acupuncturists practicing custom-made Chinese herbal formulation prior to July 1,
2004, prior experience demonstrated by evidence satisfactory to the board. Rules adopted by the board in accordance with
this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
[2003, c. 666, §3 (new).]
B. A licensed acupuncturist who can prove to the satisfaction of the board that the licensed acupuncturist was engaged in the
practice of custom-made Chinese herbal formulation prior to July 1, 2004 may continue to practice that modality but must,
no later than 2 years after the board adopts rules providing certification requirements in accordance with paragraph A, comply
with those rules.
[2003, c. 666, §3 (new).]
C. A licensed acupuncturist who can prove to the satisfaction of the board that the licensed acupuncturist has been duly licensed
or certified to practice custom-made Chinese herbal formulation by the licensing authority of another state may continue to
practice that modality, except that the board may require that the licensee complete additional training consistent with its
rules within 3 years if the board finds that the standards applied in the state in which the licensed acupuncturist was certified
or licensed are less stringent than those adopted in the board's rules.
[2003, c. 666, §3 (new).]
[2003, c. 666, §3 (new).]
4. Practice by other persons. The listing of allied techniques and modalities in subsection 2, including acupressure and qi gong, may not be construed
to require any person who practices the same or similar techniques or modalities to obtain a license as an acupuncturist under
section 12511 and may not be construed to limit, interfere with or prevent any licensed person from practicing the same or
similar techniques and modalities within the scope of that person's license, whether or not the defined scope of that license
contains specific lists of techniques or modalities.
[2003, c. 666, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12513. Licensing
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12513. Licensing
1. Licensed acupuncturist. The board shall issue a license to practice acupuncture to an applicant who has satisfactorily met the following minimal
requirements:
A. The eligibility requirements set forth in section 12512; and
[1995, c. 671, §13 (new).]
B. Any other reasonable criteria the board may prescribe by rule.
[1995, c. 671, §13 (new).]
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12514-A. Fees
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12514-A. Fees
The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may
establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their
respective purposes, except that the fee for any application may not exceed $200, the fee for initial and renewal licensure
may not exceed $675 annually and the fee for initial and renewal certification in custom-made Chinese herbal formulation may
not exceed $200 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter
375, subchapter 2-A.
[2003, c. 666, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12514. Fees (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12514. Fees (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12515. Reapplication
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12515. Reapplication
Any applicant who is denied a license as an acupuncturist may apply again for licensing after a period of not less than 6
months from the date of the last denial.
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12516. Application for renewal
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 2: ACUPUNCTURE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12516. Application for renewal
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 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.
[2003, c. 666, §6 (amd).]
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. An application
received more than 90 days past the expiration date is subject to all requirements covering new applicants under this chapter.
[2003, c. 666, §6 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12521. License required; licensee title
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12521. License required; licensee title
1. License required. A person may not practice naturopathic medicine or profess to be a naturopathic doctor in this State unless that person
holds a current, valid license from the board to practice naturopathic medicine.
[1995, c. 671, §13 (new).]
2. Title. A licensee must use the title "naturopathic doctor." Naturopathic doctors have the exclusive right to the use of the terms
"naturopathic doctor," "naturopathic," "naturopath," "doctor of naturopathic medicine," "doctor of naturopathy," "naturopathic
medicine," "naturopathic health care," "naturopathy" and the recognized abbreviation "N.D." Use of the title "physician"
by the licensee is prohibited.
[1997, c. 210, §13 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12522. Scope of practice
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12522. Scope of practice
1. Medicines and therapies. A naturopathic doctor may use and order for preventative and therapeutic purposes the following natural medicines and therapies:
food, food extracts, vitamins, minerals, enzymes, digestive aids, whole gland thyroid and other natural hormones, plant substances,
all homeopathic preparations, immunizations, counseling, hypnotherapy, biofeedback, dietary therapy, naturopathic manipulative
therapy, naturopathic physical medicine, therapeutic devices, barrier devices for contraception and office procedures. Naturopathic
doctors may also prescribe medications, including natural antibiotics and topical medicines, within the limitations set forth
in subsection 4. This subsection may not be construed to prevent an individual other than a naturopathic doctor from using,
ordering or recommending any of the above listed items as long as the individual is not prohibited from doing so by any other
federal or state statute or regulation.
[1995, c. 671, §13 (new).]
2. Diagnostic procedures. A naturopathic doctor may use physical examinations for diagnostic purposes including phlebotomy, clinical laboratory tests,
speculum examinations and physiological function tests, excluding all endoscopies and physiological function tests requiring
infusion, injection, inhalation or ingestion of medications to perform tests. A naturopathic doctor may order ultrasound,
x-ray and electrocardiogram tests but must refer to an appropriate licensed health care professional for conducting and interpreting
the tests.
[1995, c. 671, §13 (new).]
3. Other devices and procedures. A naturopathic doctor may prescribe therapeutic devices or use noninvasive diagnostic procedures commonly used by allopathic
or osteopathic physicians in general practice.
[1995, c. 671, §13 (new).]
4. Prescriptive authority. Naturopathic doctors have a limited scope of prescriptive authority.
A. A naturopathic doctor may prescribe nonprescription medications without limitation.
[1995, c. 671, §13 (new).]
B. A naturopathic doctor may only prescribe noncontrolled legend drugs from the following categories: homeopathic remedies,
vitamins and minerals, hormones, local anesthesia and immunizations that are designated by rule by a subcommittee of the board
consisting of the naturopathic members, the pharmacist member and the allopathic or osteopathic physician member, as consistent
with a naturopathic doctor's education and training. A naturopathic doctor may not prescribe psychotropic medications.
[1995, c. 671, §13 (new).]
C. Prior to independently prescribing noncontrolled legend drugs, a naturopathic doctor shall establish and complete a 12-month
collaborative relationship with a licensed allopathic or osteopathic physician to review the naturopathic doctor's prescribing
practices. The board shall further define the terms of the collaborative relationship by rule.
[1995, c. 671, §13 (new).]
[1995, c. 671, §13 (new).]
5. Prohibition. A naturopathic doctor may not:
A. Prescribe, dispense or administer any substance or device identified in Schedule I, II, III, IV or V as described in the
federal Controlled Substance Act, 21 United States Code, Sections 801 to 971 (1988), or any controlled substances or devices;
[1995, c. 671, §13 (new).]
B. Perform surgical procedures except those office procedures authorized by this chapter;
[1995, c. 671, §13 (new).]
C. Practice emergency medicine except when a good Samaritan rendering gratuitous services in the case of emergency and except
for the care of minor injuries; or
[1995, c. 671, §13 (new).]
D. Practice or claim to practice medicine and surgery, osteopathy, dentistry, podiatry, optometry, chiropractic, physical therapy
or any other system or method of treatment not authorized in this chapter.
[1995, c. 671, §13 (new).]
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12523. Application
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12523. Application
This chapter is not intended to prohibit or restrict:
[1995, c. 671, §13 (new).]
1. Practice within authorized scope of practice. The practice of a profession by individuals who are licensed, certified or registered under other laws of this State and
are performing services within the authorized scope of practice;
[1995, c. 671, §13 (new).]
2. Individual performing duties prescribed by federal laws. The practice of naturopathic medicine by an individual employed by the Federal Government while the individual is engaged
in the performance of duties prescribed by the laws and regulations of the United States;
[1995, c. 671, §13 (new).]
3. Duly licensed elsewhere. The practice by a naturopathic doctor duly licensed in another state, territory or the District of Columbia when that naturopathic
doctor is incidentally called into this State for consultation with a licensed doctor; or
[1995, c. 671, §13 (new).]
4. Students. The practice of naturopathic medicine by students enrolled in an approved naturopathic medical college. Services must be
performed pursuant to a course of instruction or assignments from an instructor and under the supervision of the instructor.
The instructor must be a naturopathic doctor licensed pursuant to this chapter.
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12524. Public health authority and responsibility
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12524. Public health authority and responsibility
A naturopathic doctor is a licensed doctor and has the same authority and responsibility as other licensed doctors regarding
public health laws, reportable disease and conditions, communicable disease control and prevention, recording of vital statistics,
health and physical examinations and local boards of health, except that this authority is limited to activity consistent
with the scope of practice authorized by this chapter.
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12525. Qualification for licensure
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12525. Qualification for licensure
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;
[1995, c. 671, §13 (new).]
B. Possess a good ethical and professional reputation;
[1995, c. 671, §13 (new).]
C. Be physically and mentally capable of safely practicing naturopathic medicine with or without reasonable accommodation;
[1995, c. 671, §13 (new).]
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
[1995, c. 671, §13 (new).]
E. File an application and pay the licensing fees established under section 12526.
[2003, c. 666, §7 (amd).]
[2003, c. 666, §7 (amd).]
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;
[1995, c. 671, §13 (new).]
B. Has graduated from an approved naturopathic medical college; and
[1995, c. 671, §13 (new).]
C. Has been practicing naturopathic medicine in this State since January 1, 1994.
[1995, c. 671, §13 (new).]
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.
[1995, c. 671, §13 (new).]
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;
[2003, c. 666, §8 (amd).]
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
[1995, c. 671, §13 (new).]
C. Passed an examination administered by the National Commission for the Certification of Acupuncturists.
[1995, c. 671, §13 (new).]
[2003, c. 666, §8 (amd).]
4. Disclosures. Naturopathic doctors shall:
A. Clearly disclose to each patient and on all printed material that their training is in naturopathic medicine;
[1995, c. 671, §13 (new).]
B. Openly display their license, attaching renewals and specialty certifications when applicable; and
[1995, c. 671, §13 (new).]
C. When practicing without malpractice insurance, disclose to each patient that they do not have insurance.
[1995, c. 671, §13 (new).]
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §12526. Fees, renewals and continuing education
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 113-B: COMPLEMENTARY HEALTH CARE PROVIDERS (HEADING: PL 1995, c. 671, @13 (new))
Subchapter 3: NATUROPATHIC MEDICINE LICENSING REQUIREMENTS AND SCOPE OF PRACTICE (HEADING: PL 1995, c. 671, @13 (new))
§12526. Fees, renewals and continuing education
1. Fees. The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation
may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for
their respective purposes, except that the fee for any application may not exceed $200, the fee for initial and renewal licensure
may not exceed $675 annually and the fee for initial and renewal specialty certification may not exceed $50 annually. Rules
adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
[2003, c. 666, §9 (rpr).]
2. Renewal. A license to practice naturopathic medicine and a specialty certification must be renewed annually and be accompanied by
the required renewal fee established in subsection 1.
[2003, c. 666, §10 (amd).]
3. Continuing education. When renewing a license, a naturopathic doctor must submit to the board evidence of 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.
[1995, c. 671, §13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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