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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 2-B. MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982
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Title 32 - §81-A. Statement of purpose
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §81-A. Statement of purpose
It is the purpose of this chapter to promote and provide for a comprehensive and effective emergency medical services system
to ensure optimum patient care. The Legislature finds that the provision of medical assistance in an emergency is a matter
of vital concern affecting the health, safety and welfare of the public.
[1985, c. 730, §§3, 16 (new).]
div> It is the intent of the Legislature to designate that a central agency be responsible for the coordination and integration
of all state activities concerning emergency medical services and the overall planning, evaluation, coordination, facilitation
and regulation of emergency medical services systems. Further, the Legislature finds that the provision of prompt, efficient
and effective emergency medical care, a well-coordinated trauma care system, effective communication between prehospital care
providers and hospitals and the safe handling and transportation of the sick and injured are key elements of an emergency
medical services system. This chapter is intended to promote the public health, safety and welfare by providing for the creation
of a statewide emergency medical services system with standards for all providers of emergency medical services.
[1993, c. 311, §2 (amd).]
Section History:
PL 1985,
Ch. 730,
§3,16
(NEW).
PL 1989,
Ch. 857,
§60
(AMD).
PL 1993,
Ch. 311,
§2
(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 - §81. Title
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §81. Title
This chapter may be cited as the "Maine Emergency Medical Services Act of 1982."
[1981, c. 661, § 2 (new).]
Section History:
PL 1981,
Ch. 661,
§2
(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 - §82. Requirement for license
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §82. Requirement for license
1. Licenses required. An ambulance service, ambulance, nontransporting emergency medical service or emergency medical services person may not
operate or practice unless duly licensed by the Emergency Medical Services' Board pursuant to this chapter, except as stated
in subsection 2.
An ambulance, ambulance service, nontransporting emergency medical service or emergency medical services person that fails
to obtain licensure is subject to a fine of not more than $500 or imprisonment for not more than 6 months, unless other penalties
are specified.
[1995, c. 161, §1-A (amd).]
2. Licenses not required. A Maine license shall not be required for:
A. Ambulance services and ambulances licensed in another state or province, provided that they do not have a base of operation
in Maine and do not routinely pick up patients from the scene of their illness or injury in Maine and do not routinely carry
patients between points both of which are in Maine;
[1981, c. 661, §2 (new).]
B. Ambulance services, ambulances, nontransporting emergency medical services and emergency medical services persons responding
into Maine from out-of-state in response to civil emergencies or natural disasters;
[1995, c. 161, §2 (amd).]
C. Ambulance services, ambulances, nontransporting emergency medical services and emergency medical services persons responding
into Maine from out-of-state pursuant to board approved mutual aid agreements with Maine licensed services;
[1995, c. 161, §3 (amd).]
D. A licensed physician;
[1981, c. 661, §2 (new).]
E. A person serving as an industrial nurse or safety officer, a school or camp nurse, a life guard, a member of a ski patrol,
a nurse or technician in a hospital or a physician's office, or other similar occupation in which the person provides on-site
emergency treatment at a single facility to the patrons or employees of that facility;
[1993, c. 130, §1 (amd).]
F. A person serving as a medical technician with the United States Armed Forces, the Maine Army National Guard or the Maine
Air National Guard; or
[1993, c. 130, §1 (amd).]
G. A flight nurse while acting within the scope of employment with a Maine licensed air ambulance service.
[1993, c. 130, §2 (new).]
When any doubt exists as to the applicability of this section to any person or service, that person or service shall seek
an advisory opinion from the board.
[1995, c. 161, §§2, 3 (amd).]
Section History:
PL 1981,
Ch. 661,
§2
(NEW).
PL 1985,
Ch. 730,
§4,16
(AMD).
PL 1989,
Ch. 857,
§61
(AMD).
PL 1991,
Ch. 588,
§1
(AMD).
PL 1993,
Ch. 130,
§1,2
(AMD).
PL 1995,
Ch. 161,
§1-3
(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 - §83. Definitions
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §83. Definitions
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.
[1981, c. 661, §2 (new).]
1. Advanced emergency medical technician. "Advanced emergency medical technician" means an emergency medical services' person licensed to perform advanced emergency
medical treatment.
[1981, c. 661, §2 (new).]
2. Advanced emergency medical treatment. "Advanced emergency medical treatment" means those portions of emergency medical treatment, as defined by the board, which
may be performed by persons licensed under this chapter only when they are acting under the supervision of an appropriate
physician and within a system of emergency care approved by the board.
[1985, c. 730, §§5, 16 (amd).]
3. Ambulance. "Ambulance" means any vehicle, whether an air, ground or water vehicle, that is designed, constructed or routinely used
or intended to be used for the transportation of ill or injured persons. The licensing of these vehicles is in addition to
any registration required by other authorities. For the purposes of this chapter, vehicles operated by the Maine Army National
Guard, Maine Air National Guard or the United States Armed Forces shall not be considered ambulances.
[1983, c. 693, §1 (amd).]
3-A. Ambulance attendant. "Ambulance attendant" means a basic emergency medical services person who has completed the Maine Emergency Medical Services
course for ambulance attendants and has met the other conditions specified in rules under this chapter for licensure at this
level.
[1999, c. 182, §4 (amd).]
4. Ambulance equipment. "Ambulance equipment" means those materials and devices which are carried in ambulances.
[1981, c. 661, §2 (new).]
5. Ambulance service. "Ambulance service" means any person, persons or organization which holds itself out to be a provider of transportation
of ill or injured persons or which routinely provides transportation for ill or injured persons. For the purposes of this
chapter, the Maine Army National Guard, Maine Air National Guard and the United States Armed Forces shall not be considered
ambulance services. It does not mean a person, persons or an organization which transports ill or injured persons for reasons
not connected with their illness or injury. It does not mean a nursing home licensed under chapter 405, a boarding home licensed
under chapter 1665, a children's home licensed under chapter 1669, or similar residential facility when transporting its own
residents or those of another similarly licensed facility when those residents do not require emergency medical treatment.
[1983, c. 693, §2 (amd).]
6. Basic emergency medical services' person. "Basic emergency medical services' person" means a person licensed to perform basic emergency medical treatment. Licensed
ambulance attendants and basic emergency medical technicians are basic emergency medical services' persons.
[1981, c. 661, §2 (new).]
7. Basic emergency medical technician. "Basic emergency medical technician" means a basic emergency medical services person who has successfully completed the
Maine Emergency Medical Services course for emergency medical technicians and has met the other requirements for licensure
at this level.
[1999, c. 182, §5 (amd).]
8. Basic emergency medical treatment. "Basic emergency medical treatment" means those portions of emergency medical treatment, as defined by the board, that may
be exercised by licensed emergency medical services personnel acting under the supervision of an appropriate physician and
within a system of emergency medical care approved by the board.
[1989, c. 857, §63 (amd).]
8-A. Board. "Board" means the Emergency Medical Services' Board established pursuant to section 88.
[1989, c. 857, §64 (rpr).]
9. Commissioner. "Commissioner" means the Commissioner of Public Safety.
[1991, c. 588, §2 (amd).]
10. Department. "Department" means the Department of Public Safety.
[1991, c. 588, §2 (amd).]
10-A. Director. "Director" means the Director of Maine Emergency Medical Services.
[1991, c. 588, §3 (new).]
11. Emergency Medical Services' Advisory Board.
[1985, c. 730, §§7,16 (rp).]
12. Emergency medical services' person. "Emergency medical services' person" means any person who routinely provides emergency medical treatment to the sick or
injured.
[1981, c. 661, §2 (new).]
13. Emergency medical treatment. "Emergency medical treatment" means those skills, techniques and judgments, as defined by the board, which are directed
to maintaining, improving or preventing the deterioration of the medical condition of the patient and which are appropriate
to be delivered by trained persons at the scene of a patient's illness or injury outside the hospital and during transportation
to the hospital.
[1985, c. 730, §§8, 16 (amd).]
13-A. First responder. "First responder" means an emergency medical services person who has successfully completed the Maine Emergency Medical
Services course for first responders and has met the other requirements for licensure at this level.
[1999, c. 182, §6 (new).]
14. Nontransporting emergency medical service. "Nontransporting emergency medical service" means any organization, person or persons who hold themselves out as providers
of emergency medical treatment and who do not routinely provide transportation to ill or injured persons, and who routinely
offer or provide services to the general public beyond the boundaries of a single recreational site, business, school or other
facility. For the purposes of this chapter, a physician making house calls as a part of ordinary medical practice is not
considered to be a nontransporting emergency medical service.
A nontransporting emergency medical service must have an agreement with a licensed ambulance service, to ensure continuity
of care and adequate transportation for its patients. An ambulance service is not required to approve of or enter into an
agreement with a nontransporting emergency medical service.
[1995, c. 161, §4 (amd).]
14-A. Health care practitioner. "Health care practitioner" has the meaning set forth in Title 24, section 2502, subsection 1-A.
[1987, c. 638, §1 (new).]
14-B. Flight nurse. "Flight nurse" means any registered professional nurse, currently licensed in the State, who has completed a prehospital
care curriculum authorized by the Emergency Medical Services' Board.
[1993, c. 130, §3 (new).]
15. License. "License" means a full, temporary, provisional or conditional license issued by the board under this chapter.
[1985, c. 730, §§8, 16 (amd).]
16. Licensed ambulance attendant.
[1989, c. 857, §65 (rp).]
16-A. Maine Emergency Medical Services. "Maine Emergency Medical Services" means the board, the emergency medical services director and staff within the Department
of Public Safety responsible for carrying out the purposes of this chapter.
[1991, c. 588, §4 (amd).]
16-B. Medical Direction and Practices Board. "Medical Direction and Practices Board" means the subcommittee of the board consisting of each regional medical director,
a representative of the Maine Chapter of the American College of Emergency Medicine Physicians and the statewide emergency
medical services medical director. The Medical Direction and Practices Board is responsible for creation, adoption and maintenance
of Maine Emergency Medical Services protocols.
[1999, c. 182, §6 (new).]
17. Medical control physician. "Medical control physician" means a physician who supervises emergency medical services persons.
[1989, c. 857, §67 (amd).]
18. Office of Emergency Medical Services.
[1991, c. 588, §5 (rp).]
18-A. Physician. "Physician" has the meaning set forth in Title 24, section 2502, subsection 3.
[1987, c. 638, §1 (new).]
19. Protocol or Maine Emergency Medical Services protocol. "Protocol" or "Maine Emergency Medical Services protocol" means the written statement, approved by the Medical Direction
and Practices Board and filed with the board, specifying the conditions under which some form of emergency medical care is
to be given by emergency medical services persons.
[1999, c. 182, §7 (amd).]
20. Regional councils. "Regional councils" means those groups recognized by the board which represent the various regions of the State, as designated
by the board, with respect to matters subject to this chapter.
[1985, c. 730, §§8, 16 (amd).]
21. Regions. "Regions" means those geographical areas of the State designated by the board to be represented by a regional council.
[1985, c. 730, §§8, 16 (amd).]
21-A. Registered nurse. "Registered nurse" has the same meaning set forth under section 2102, subsection 5.
[1993, c. 130, §4 (new).]
22. Statewide emergency medical services' medical director. "Statewide emergency medical services' medical director" means a licensed physician appointed by the board.
[1987, c. 273, §3 (amd).]
23. Trauma. "Trauma" means a single or multisystem life-threatening or limb-threatening injury requiring immediate medical or surgical
intervention or treatment to prevent death or permanent disability.
[1993, c. 311, §3 (new).]
24. Trauma care system. "Trauma care system" means a subsystem within the emergency medical services system, consisting of an organized arrangement
of personnel, equipment and facilities, designed to manage the treatment of the trauma patient.
[1993, c. 311, §3 (new).]
Section History:
PL 1981,
Ch. 661,
§2
(NEW).
PL 1983,
Ch. 693,
§1,2
(AMD).
PL 1985,
Ch. 730,
§5-8,16
(AMD).
PL 1987,
Ch. 273,
§1-3
(AMD).
PL 1987,
Ch. 638,
§1
(AMD).
PL 1989,
Ch. 857,
§62-68
(AMD).
PL 1991,
Ch. 588,
§2-5
(AMD).
PL 1993,
Ch. 130,
§3,4
(AMD).
PL 1993,
Ch. 311,
§3
(AMD).
PL 1995,
Ch. 161,
§4
(AMD).
PL 1997,
Ch. 644,
§1
(AMD).
PL 1999,
Ch. 182,
§4-7
(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 - §84-A. Commissioner; powers and duties
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §84-A. Commissioner; powers and duties
1. Powers and duties. The commissioner has the following powers and duties:
A. To review the function and operation of the board and regional councils to assure that these organizations are in compliance
with their statutory and public service responsibilities;
[1985, c. 730, § § 10, 16 (new).]
B. To act as a liaison between the board and other administrative units within the department, with the Governor and the Legislature;
[1985, c. 730, § § 10, 16 (new).]
C. To carry out the requirements as set forth in this chapter or as delegated by the board through rules; and
[1985, c. 730, § § 10, 16 (new).]
D. To provide the staff and administrative support necessary for the board to carry out its function.
[1985, c. 730, § § 10, 16 (new).]
[1985, c. 730, § § 10, 16 (new).]
Section History:
PL 1985,
Ch. 730,
§10,16
(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 - §84. Board: Powers and duties; goals; work plans
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §84. Board: Powers and duties; goals; work plans
1. Powers and duties. The board has the following powers and duties.
A. The board shall conduct an emergency medical services program to fulfill the purposes, requirements and goals of this chapter.
The board shall adopt the forms, rules, procedures, testing requirements, policies and records appropriate to carry out the
purposes, requirements and goals of this chapter.
[1991, c. 588, §6 (amd).]
B. Notwithstanding any other provision of law, any rule-making hearing held under this chapter and required by the Maine Administrative
Procedure Act, Title 5, chapter 375, must be conducted by the board, the director or other staff as delegated by rule or a
person in a major policy-influencing position, as defined in Title 5, section 931, who has responsibility over the subject
matter of the proposed rule.
[1991, c. 588, §7 (amd).]
C. The board shall appoint a licensed physician as statewide emergency medical services medical director. The physician shall
advise Maine Emergency Medical Services and shall carry out the duties assigned to the medical director pursuant to this chapter,
or as specified by contract.
[1991, c. 588, §8 (amd).]
D. Rules adopted pursuant to this chapter must include, but are not limited to, the following:
(1) The composition of regional councils and the process by which they come to be recognized as representing their regions;
(2) The manner in which regional councils must report their activities and finances, and the manner in which those activities
must be carried out under this chapter;
(3) The designation of regions within the State;
(4) The requirements for licensure for all vehicles, persons and services subject to this chapter, including training and
testing of personnel; and
(5) Fees to be charged for licenses under this section.
In adopting any rule under subparagraph (4) that requires services that deliver advanced care to meet a specified percentage
level of performance, the regulation may not take effect unless the level is specified after study, in cooperation with regional
councils and local service units.
[1991, c. 588, §9 (amd).]
E. With the approval of the commissioner, the board shall appoint a Director of Maine Emergency Medical Services.
[1991, c. 588, §10 (new).]
[1991, c. 588, §§6-10 (amd).]
2. Goals. The board shall establish and pursue its goals as follows.
A. The board shall monitor the provision of emergency medical services within the State. The board shall establish, by rule,
its goals in monitoring the provision of services and in insuring that these services are appropriately delivered. These
goals must be in the nature of objectives and do not constitute absolute requirements. In establishing these goals, the board
shall seek the input of individuals, agencies, services and organizations interested in emergency medical services. The board
shall also take into consideration the goals established by the regional councils pursuant to section 89.
[1991, c. 588, §11 (amd).]
B. In each year, and in conjunction with the preparation of the emergency medical services report, the director under the direction
of the board shall prepare a list of those among the goals that most need to be pursued in the succeeding year. This list
must be made available to the regional councils so that the regional councils may propose projects to further particular goals
within their own regions.
[1991, c. 588, §11 (amd).]
C. In pursuing these goals, the board may make grants to the regional councils for projects the regional councils have proposed,
and that the board has determined are consistent with the requirements and goals of this chapter; contract for services; cooperate
with other departments or agencies; accept and disburse granted funds; or act in other lawful ways as may best serve the public
good.
[1991, c. 588, §11 (amd).]
[1991, c. 588, §11 (amd).]
3. Work plans. Each year, the board shall issue an emergency medical services' report indicating:
A. The extent to which the emergency medical system was used throughout the State, and the incidence of various medical conditions
which called it into service;
[1981, c. 661, §2 (new).]
B. The extent and nature of the continuing programs of training and support for emergency medical services carried out by the
regional councils and Maine Emergency Medical Services;
[1991, c. 588, §12 (amd).]
C. The extent to which the goals laid down in this chapter were pursued, and with what success;
[1981, c. 661, §2 (new).]
D. The plan, for the coming year, to pursue the various goals; and
[1981, c. 661, §2 (new).]
E. The income and expenditures of the board and of the regional councils.
[1991, c. 588, §12 (amd).]
[1991, c. 588, §12 (amd).]
Section History:
PL 1981,
Ch. 661,
§2
(NEW).
PL 1983,
Ch. 674,
§
(AMD).
PL 1985,
Ch. 730,
§9,16
(AMD).
PL 1987,
Ch. 273,
§4
(AMD).
PL 1987,
Ch. 402,
§A166
(AMD).
PL 1991,
Ch. 588,
§6-12
(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 - §85-A. Emergency medical dispatch personnel
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §85-A. Emergency medical dispatch personnel
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Bureau" means the Emergency Services Communication Bureau within the Public Utilities Commission.
[2005, c. 303, §3 (new).]
B. "Emergency Medical Dispatch Priority Reference System" means a system approved by the bureau and the board that includes:
(1) A protocol for emergency medical dispatcher response to calls;
(2) A continuous quality improvement program that measures compliance with the protocol through ongoing random case review
of each emergency medical dispatcher; and
(3) A training curriculum and testing process consistent with the protocol.
[2005, c. 303, §3 (new).]
C. "Emergency medical dispatch services" means any of the following services provided by a public safety answering point in
the context of an emergency call made to the E-9-1-1 system:
(1) Reception, evaluation or processing of calls;
(2) Provision of dispatch life support;
(3) Management of requests for emergency medical assistance; and
(4) Evaluation or improvement of the emergency medical dispatch process, including identifying the nature of an emergency
request, prioritizing the urgency of a request, dispatching necessary resources, providing medical aid and safety instructions
to the caller and coordinating the responding resources as needed.
[2005, c. 303, §3 (new).]
D. "Emergency medical dispatcher" means a person employed by a public safety answering point who provides emergency medical
dispatch services.
[2005, c. 303, §3 (new).]
E. "Provider of emergency medical dispatch services" means an emergency medical dispatcher or public safety answering point.
[2005, c. 303, §3 (new).]
F. "Public safety answering point" has the same meaning as in Title 25, section 2921.
[2005, c. 303, §3 (new).]
[2005, c. 303, §3 (new).]
2. Mandatory qualifications. The board, in consultation with the bureau, shall adopt rules governing qualifications for and standards to be observed
by providers of emergency medical dispatch services. The rules must, at a minimum:
A. Require biennial certification of providers of emergency medical dispatch services;
[2005, c. 303, §3 (new).]
B. Establish minimum education and continuing education requirements for emergency medical dispatchers, including at least
12 hours of emergency medical dispatch continuing education each year;
[2005, c. 303, §3 (new).]
C. Establish a process for approving an Emergency Medical Dispatch Priority Reference System that all emergency medical dispatchers
are required to follow;
[2005, c. 303, §3 (new).]
D. Require an emergency medical dispatcher to inform the board of the public safety answering point that employs or supervises
the emergency medical dispatcher;
[2005, c. 303, §3 (new).]
E. Establish or provide for approval of emergency medical dispatcher certification training programs, which must be conducted
in accordance with appropriate national standards;
[2005, c. 303, §3 (new).]
F. Establish qualifications for instructors of emergency medical dispatcher certification training programs;
[2005, c. 303, §3 (new).]
G. Require regular reporting to the board by a public safety answering point with respect to the use of the Emergency Medical
Dispatch Priority Reference System; and
[2005, c. 303, §3 (new).]
H. Require that each public safety answering point appoint a director of emergency medical dispatch services to review and
ensure compliance with the requirements of this section.
[2005, c. 303, §3 (new).]
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[2005, c. 303, §3 (new).]
3. Prohibitions. Beginning January 1, 2007, the following provisions apply.
A. A person may not provide emergency medical dispatch services unless the person is certified as an emergency medical dispatcher
in accordance with this section.
[2005, c. 303, §3 (new).]
B. An entity may not operate as a public safety answering point unless certified in accordance with this section.
[2005, c. 303, §3 (new).]
C. A person may not offer a training course that is represented as a course for emergency medical dispatcher certification
unless the person is approved to provide such training in accordance with this section.
[2005, c. 303, §3 (new).]
D. An entity may not provide emergency medical dispatch services except in accordance with an Emergency Medical Dispatch Priority
Reference System approved in accordance with this section.
[2005, c. 303, §3 (new).]
[2005, c. 303, §3 (new).]
4. Licensing actions. A certification pursuant to this section is deemed a license for the purposes of sections 90-A and 91-A. Before the board
or its subcommittee or staff takes any final action to suspend or revoke a certification or to refuse to reissue a certification,
the board shall contact the bureau for input on the effect of such an action on the E-9-1-1 system and, notwithstanding section
92, may, to the extent necessary for this purpose, disclose to the bureau information that is designated as confidential under
section 92.
[2005, c. 303, §3 (new).]
5. Effect on tort claims. Nothing in this section increases any liability that may arise or be limited under Title 14, chapter 741.
[2005, c. 303, §3 (new).]
Section History:
PL 2005,
Ch. 303,
§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 - §85. Emergency medical persons
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §85. Emergency medical persons
1. Basic and advanced skills. With advice from and in consultation with each regional council and its medical control committee and with the statewide
emergency medical services' medical director, the board may provide, by rule, which skills, techniques and judgments constitute
a basic emergency medical treatment.
[1985, c. 730, §§11, 16 (amd).]
2. Advanced emergency medical treatment. With the advice and consultation noted in subsection 1, the board may provide, by rule, which advanced skills, techniques
and judgments may be supervised by a physician by means of standing orders, by voice radio and by other means. In every
case, advanced emergency medical treatment must be given in accordance with protocols adopted by the Medical Direction and
Practices Board.
The board may establish by rule appropriate licensure levels for advanced emergency medical technicians and fix the qualifications
for persons to hold those licenses.
[2001, c. 229, §3 (amd).]
3. Minimum requirements for initial licensing. In setting rules for the initial licensure of emergency medical services persons, the board shall ensure that a person is
not licensed to care for patients unless that person's qualifications are at least those specified in this subsection. Any
person who meets these conditions is considered to have the credentials and skill demonstrations necessary for licensure to
provide emergency medical treatment.
A. The person must have completed successfully the training specified in rules adopted by the board pursuant to the Maine Administrative
Procedure Act.
[1995, c. 161, §5 (amd).]
B. The person must have successfully completed cardiopulmonary resuscitation certification requirements as specified in rules
adopted by the board pursuant to the Maine Administrative Procedure Act.
[1995, c. 161, §6 (amd).]
C. The person must have successfully completed a state written and practical test for basic emergency medical treatment.
[1981, c. 661, §2 (new).]
D.
[2001, c. 474, §1 (rp).]
[2001, c. 474, §1 (amd).]
4. Minimum requirements for relicensing. The board shall set by rule the license and relicensing requirements and the relicensing interval for emergency medical
services persons. A person who is duly licensed in Maine as an emergency medical services person must be issued a renewal
license if the following requirements are met:
A. The person must have satisfactorily completed relicensure training as defined in the rules; and
[1991, c. 742, §3 (new).]
B. The person must have satisfactorily demonstrated competence in the skills required for the license level. Skill competence
may be satisfied by a combination of run report reviews and continuing education training programs conducted in accordance
with the rules or by satisfactorily completing the state written and practical tests.
[1991, c. 742, §3 (new).]
If the person is not duly licensed at the time of application, the person must demonstrate skill and knowledge as defined
in the rules.
To maintain a valid license, an emergency medical services person must meet the criteria set out in this section. If those
criteria are not met, a person does not hold a valid license and must reapply for licensure.
[1993, c. 152, §2 (amd).]
5. Ambulance attendants grandfathered. An ambulance attendant having a license under this section on August 30, 1996 is grandfathered for the purposes of licensing
and is not subject to rules affecting the licensing of ambulance attendants adopted by the board after August 30, 1996.
[1997, c. 26, §1 (new); §2 (aff).]
6. Ambulance operator course. By January 1, 2007, a person whose job description includes operating an ambulance in an emergency mode or transporting
a patient must possess certification of successful completion of a basic ambulance vehicle operator course, or a course that
has been approved by the board as an equivalent, in order to operate an ambulance in an emergency mode or to transport a patient.
This requirement applies to all paid and volunteer ambulance operators and transporters. This requirement is in addition
to vehicle operator requirements of Title 29-A or other law. A person whose job description includes operating an ambulance
in an emergency mode or transporting a patient who successfully completes a basic ambulance vehicle operator course or a course
that has been approved by the board as an equivalent may apply to the board for reimbursement for the cost of the course.
[2003, c. 559, §1 (amd).]
Section History:
PL 1981,
Ch. 661,
§2
(NEW).
PL 1985,
Ch. 730,
§11,16
(AMD).
PL 1989,
Ch. 857,
§69
(AMD).
PL 1991,
Ch. 588,
§13
(AMD).
PL 1991,
Ch. 613,
§
(AMD).
PL 1991,
Ch. 742,
§1-3
(AMD).
PL 1993,
Ch. 152,
§1,2
(AMD).
PL 1995,
Ch. 161,
§5,6
(AMD).
PL 1997,
Ch. 26,
§1
(AMD).
PL 1997,
Ch. 26,
§2
(AFF).
PL 1999,
Ch. 182,
§8
(AMD).
PL 1999,
Ch. 764,
§1
(AMD).
PL 2001,
Ch. 45,
§1
(AMD).
PL 2001,
Ch. 229,
§3
(AMD).
PL 2001,
Ch. 474,
§1
(AMD).
PL 2001,
Ch. 697,
§C1
(AMD).
PL 2003,
Ch. 559,
§1
(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 - §86. Ambulance services and nontransporting medical services
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §86. Ambulance services and nontransporting medical services
1. Ambulance services and nontransporting medical services to be licensed. Every ambulance service and nontransporting emergency medical service must be licensed, operate in accordance with the rules
adopted for services under this chapter and carry the equipment called for in those rules.
[1995, c. 161, §7 (amd).]
2. Care of patient. Whenever an ambulance transports a patient from the scene of an emergency, the patient must be cared for by a physician,
by a flight nurse or by a person licensed under this chapter to provide emergency medical care. Whenever an ambulance transports
a patient from a hospital or other health care facility to another place, the patient must be cared for by:
A. The physician in charge of the patient's case, by a person licensed under this chapter or by a professional nurse; or
[1981, c. 661, §2 (new).]
B. A licensed practical nurse, or other person appropriately trained to care for the patient, acting under orders from the
patient's physician.
[1981, c. 661, §2 (new).]
The person specified in this subsection as caring for the patient shall accompany the patient in the portion of the ambulance
where the patient rides.
[1999, c. 182, §10 (amd).]
2-A. Treatment to be in accord with regional medical orders. When an ambulance service or nontransporting emergency medical service is present at an accident or other situation in which
a person or persons require emergency medical treatment, the medical treatment of the patients must be carried out in accordance
with any rules adopted under this chapter, any protocols as defined in section 83, subsection 19 and any verbal orders given
under the system of delegation established by the regional medical director; except that:
A. When a patient is already under the supervision of a personal physician or a physician's assistant or nurse practitioner
supervised by that physician and the physician, physician's assistant or nurse practitioner assumes the care of the patient,
then for as long as the physician, physician's assistant or nurse practitioner remains with the patient, the patient must
be cared for as the physician, physician's assistant or nurse practitioner directs. The emergency medical services persons
shall assist to the extent that their licenses and protocol allow; and
[1993, c. 152, §3 (amd).]
B. A patient is not required to accept treatment to which the patient does not consent.
[1999, c. 182, §11 (amd).]
[1999, c. 182, §11 (amd).]
3. Air transportation. Any patient transported by air must be flown on a service licensed under Federal Aviation Regulations, Part 135 or Part
121. In such an instance, the flight is deemed to be an air ambulance and the patient must be cared for as provided in subsection
2.
[1991, c. 588, §14 (amd).]
Section History:
PL 1981,
Ch. 661,
§2
(NEW).
PL 1985,
Ch. 530,
§3
(AMD).
PL 1991,
Ch. 588,
§14
(AMD).
PL 1993,
Ch. 152,
§3
(AMD).
PL 1995,
Ch. 161,
§7,8
(AMD).
PL 1999,
Ch. 182,
§9-11
(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 - §87-A. Trauma care system
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §87-A. Trauma care system
1. Trauma care system development. Maine Emergency Medical Services shall develop a statewide trauma care system plan with the advice of the State Trauma Prevention
and Control Advisory Committee and the regional emergency medical services councils.
[1993, c. 311, §4 (new).]
2. State Trauma Prevention and Control Advisory Committee. The State Trauma Prevention and Control Advisory Committee, as established in Title 5, section 12004-I, subsection 49-B,
is appointed by the board to advise the board on all matters related to trauma care system development. The committee's members
must be broadly representative of trauma prevention and care providers as a whole, must be as geographically diverse as possible
and must include, without limitation:
A. A representative of the board;
[1993, c. 311, §4 (new).]
B. Four surgeons representing trauma-related subspecialties;
[1993, c. 311, §4 (new).]
C. Two emergency physicians;
[1993, c. 311, §4 (new).]
D. The director;
[1993, c. 311, §4 (new).]
E. An emergency nurse;
[1993, c. 311, §4 (new).]
F. A critical care nurse;
[1993, c. 311, §4 (new).]
G. A trauma rehabilitation specialist;
[1993, c. 311, §4 (new).]
H. A regional emergency medical services coordinator;
[1993, c. 311, §4 (new).]
I. A representative of air ambulance services;
[1993, c. 311, §4 (new).]
J. Two representatives of prehospital care providers;
[1993, c. 311, §4 (new).]
K. Three hospital administrators, one from a small hospital, one from a medium hospital and one from a large hospital;
[1993, c. 311, §4 (new).]
L. A representative of the Maine Hospital Association; and
[1993, c. 311, §4 (new).]
M. A representative of trauma care system users.
[1993, c. 311, §4 (new).]
[1993, c. 311, §4 (new).]
Section History:
PL 1993,
Ch. 311,
§4
(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 - §87-B. Trauma-incidence registry
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §87-B. Trauma-incidence registry
The board shall collect trauma data as follows.
[1993, c. 738, Pt. C, §8 (new).]
1. Registry. The board shall maintain a statewide trauma-incidence registry that meets the requirements of the federal Trauma Care Systems
Planning and Development Act of 1990, Public Law 101-590, Section 1, 104 Stat. 2915. The board shall adopt rules to define
trauma.
[1993, c. 738, Pt. C, §8 (new).]
2. Reporting by physicians and hospitals. Physicians and hospitals may report trauma information to the board as follows.
A. A hospital may report to the board information regarding persons diagnosed as suffering from trauma. Trauma reports should
be made no later than 30 days from the date of diagnosis or the date of discharge from the hospital, whichever is later.
[1993, c. 738, Pt. C, §8 (new).]
B. A physician, upon request of the board, may report to the board any further information requested by the board concerning
any person now or formerly under that physician's care who was diagnosed as having suffered from trauma.
[1993, c. 738, Pt. C, §8 (new).]
C. A physician or hospital that reports in good faith in accordance with this section is not liable for any civil damages for
making the report.
[1993, c. 738, Pt. C, §8 (new).]
[1993, c. 738, Pt. C, §8 (new).]
3. Confidentiality. Any information provided to the board under this section is confidential if the information identifies or permits the identification
of a trauma patient or a member of that patient's family. A person who releases information that is confidential under this
section commits a civil violation for which a forfeiture not to exceed $1,000 per violation may be adjudged.
[1993, c. 738, Pt. C, §8 (new).]
Section History:
PL 1993,
Ch. 738,
§C8
(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 - §87. Ambulances
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §87. Ambulances
Each ambulance must be licensed pursuant to this chapter. It must also meet the design criteria and shall be equipped as
specified in rules adopted under this chapter.
[1991, c. 588, §15 (amd).]
Section History:
PL 1981,
Ch. 661,
§2
(NEW).
PL 1991,
Ch. 588,
§15
(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 - §88-A. Director's duties
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §88-A. Director's duties
In addition to other duties set out in this chapter, the director shall administer Maine Emergency Medical Services. With
the knowledge and consent of the commissioner, the director shall oversee all personnel matters and, subject to the Civil
Service Law, may hire personnel as required to enforce, implement and administer this chapter.
[1991, c. 588, §17 (new).]
Section History:
PL 1991,
Ch. 588,
§17
(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 - §88. Emergency Medical Services' Board
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §88. Emergency Medical Services' Board
The Emergency Medical Services' Board, as established by Title 5, section 12004-A, subsection 15, is responsible for the emergency
medical services program.
[1991, c. 588, §16 (amd).]
1. Composition; rules; meetings. The board's composition, conduct and compensation are as follows.
A. The board has one member representing each regional council, and 11 persons in addition. Of the additional persons, one
is an emergency physician, one an attorney, two representatives of the public, one a representative of for-profit ambulance
services, one an emergency professional nurse, one a representative of nontransporting emergency medical services, one a
representative of hospitals, one a representative of a statewide association of fire chiefs, one a fire services provider
and one a representative of not-for-profit ambulance services. The members that represent for-profit ambulance services,
nontransporting emergency medical services and not-for-profit ambulance services must be licensed emergency medical services
persons. One of the nonpublic members must be a volunteer emergency medical services provider. Appointments are for 3-year
terms. Members are appointed by the Governor. The state medical director is an ex officio nonvoting member of the board.
[2001, c. 713, §1 (amd).]
B. The board shall elect its own chair to serve for a 2-year term. The board may adopt internal rules that may include, but
are not limited to, termination of board membership as a consequence of irregular attendance. If a board member does not
serve a full term of appointment, the Governor shall appoint a successor to fill the vacancy for the remainder of the term.
Any board member may be removed by the Governor for cause. The board may have a common seal. The board may establish subcommittees
as it determines appropriate.
[1991, c. 588, §16 (amd).]
C. The board shall meet at least quarterly, and at the call of its chair or at the request of 7 members. When the board meets,
members are entitled to compensation according to the provisions of Title 5, chapter 379.
[1991, c. 588, §16 (amd).]
D. A majority of the members appointed and currently serving constitutes a quorum for all purposes and no decision of the board
may be made without a quorum present. A majority vote of those present and voting is required for board action, except that
for purposes of either granting a waiver of any of its rules or deciding to pursue the suspension or revocation of a license,
the board may take action only if the proposed waiver, suspension or revocation receives a favorable vote from at least 23
of the members present and voting and from no less than a majority of the appointed and currently serving members. When the
board is required to take emergency action and convening a meeting of the board in a timely manner is not possible, the board
may take any action authorized by telephonic conference or by any other means authorized by rule.
[1991, c. 588, §16 (amd).]
[2001, c. 713, §1 (amd).]
2. Functions. The board shall perform the following functions.
A. The board shall direct the operations of the emergency medical services program.
[1991, c. 588, §16 (amd).]
B. With the advice of the commissioner, the board shall adopt rules in accordance with the Maine Administrative Procedure Act
to carry out this chapter. In order to encourage participation at rule-making hearings by emergency medical services volunteers,
the board shall hold hearings in each region as determined necessary. Each hearing must be held in the evening or at times
convenient to the public and may use available technology. At least 2 members of the board shall attend each hearing.
[1999, c. 182, §12 (amd).]
C. The board shall grant licenses pursuant to this chapter.
[1991, c. 588, §16 (amd).]
D. The board shall specify in rules the criteria that must be met as a precondition to offering an emergency medical services
course, refresher course or continuing education course. The board shall work toward developing consistent educational programming
in terms of course content, course requirements and quality of instruction. The board shall adopt rules, which are routine
technical rules pursuant to Title 5, chapter 375, subchapter II-A, regarding the requirements for certification, recertification
and decertification of persons engaged in emergency medical services education and training.
[1999, c. 182, §12 (amd).]
E. The board shall keep records and minutes of its activities and meetings. These records and minutes must be made easily
accessible to the public and be provided expeditiously upon request. The board shall distribute to all licensed emergency
medical services persons a publication listing training and testing opportunities, meeting schedules of the board and regional
councils, proposed rule changes and other information judged by the board to have merit in improving emergency medical patient
care in the State. The board shall create, print and distribute this publication in the most cost-efficient manner possible.
Any paid advertising utilized to accomplish this purpose may not be solicited by board members or staff and must be included
in such a way that endorsement of a product or service by the board can not reasonably be inferred. The board may prepare,
publish and disseminate educational and other materials to improve emergency medical patient care.
[1989, c. 857, §70 (amd).]
F.
[1991, c. 588, §16 (rp).]
F-1. The director must be qualified by training or by experience and is appointed by the board with approval of the commissioner.
The director serves for an indefinite term, subject to removal for cause.
[1999, c. 182, §13 (amd).]
G. The board shall submit to the commissioner its budgetary requirements in the same manner as is provided in Title 5, section
1665. The department shall serve as the fiscal agent for Maine Emergency Medical Services.
[1991, c. 588, §16 (amd).]
H. With the approval of the commissioner, the board may enter into contracts, subject to provisions of state law, and delegate
this authority to the director. The board may also delegate, through rules, to staff, any provision necessary to carry out
this chapter, including the process of hearings. Funds appropriated or allocated to the board to be contracted with the
regional councils may be disbursed on a sole-source contract basis, according to guidelines established by the board. Funds
must be expended in accordance with standard state contract or grant procedures and guidelines where appropriate.
[1991, c. 588, §16 (amd).]
I. The board may establish and collect licensure fees, application fees, examination fees, course and conference fees, tuition
and other charges as determined necessary by the board for the efficient administration of this chapter. All funds received
pursuant to this paragraph must be deposited into a nonlapsing fund established for the purpose. Maine Emergency Medical
Services shall administer the fund with the advice and consent of the commissioner. Funds must be deposited with the Treasurer
of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited
to the fund.
[1991, c. 588, §16 (new).]
J. The board shall establish and maintain a statewide quality assurance and improvement committee and shall adopt rules, which
are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A, regarding the requirements and authority of
the statewide quality assurance and improvement committee.
[1999, c. 182, §14 (new).]
[1999, c. 182, §§12-14 (amd).]
3. Authority. In addition to authority otherwise conferred, the board or, as delegated, its subcommittee or staff may, for each violation
of applicable laws, rules or conditions of licensure or registration, in accordance with the procedures established in section
90-A and any rules adopted by the board, take one or more of the following actions:
A. Issue warnings, censures or reprimands to a licensee. Each warning, censure or reprimand issued must be based upon violations
of different applicable laws, rules or conditions of licensure or must be based upon separate instances of actionable conduct
or activity;
[2001, c. 229, §4 (new).]
B. Suspend a license or registration for up to 90 days for each violation of applicable laws, rules and conditions of licensure
or registration or for each instance of actionable conduct or activity. Suspensions may be set to run concurrently or consecutively
and may not exceed one year in total. Execution of all or any portion of a term of suspension may be stayed pending successful
completion of conditions of probation, although the suspension remains part of the licensee's record;
[2001, c. 229, §4 (new).]
C. Impose civil penalties of up to $1,500 for each violation of applicable laws, rules and conditions of licensure or for each
instance of actionable conduct or activity;
[2001, c. 229, §4 (new).]
D. Impose conditions of probation upon an applicant or licensee. Probation may run for that time period as the board, its
subcommittee or staff determines appropriate. Probation may include conditions such as: additional continuing education;
medical, psychiatric or mental health consultations or evaluations; mandatory professional or occupational supervision of
the applicant or licensee; and other conditions as the board, its subcommittee or staff determines appropriate. Costs incurred
in the performance of terms of probation are borne by the applicant or licensee. Failure to comply with the conditions of
probation is a ground for disciplinary action against a licensee; or
[2001, c. 229, §4 (new).]
E. Execute a consent agreement that resolves a complaint or investigation without further proceedings. Consent agreements
may be entered into only with the consent of the applicant or licensee, the board, its subcommittee or staff and the Department
of the Attorney General. Any remedy, penalty or fine that is otherwise available by law, even if only in the jurisdiction
of the District Court, may be achieved by consent agreement, including long-term suspension and permanent revocation of a
professional license. A consent agreement is not subject to review or appeal and may be modified only by a writing executed
by all parties to the original consent agreement. A consent agreement is enforceable by an action in Superior Court.
[2001, c. 229, §4 (new).]
[2001, c. 229, §4 (new).]
4. Authority to issue letters of guidance. In addition to authority otherwise conferred, the board or, as delegated, its subcommittee or staff may issue a letter of
guidance or concern to an applicant or licensee.
A. Letter of guidance or concern may be used to educate, reinforce knowledge regarding legal or professional obligations and
express concern over action or inaction by the licensee or applicant that does not rise to the level of misconduct sufficient
to merit disciplinary action. The issuance of a letter of guidance or concern is not a formal proceeding and does not constitute
an adverse disciplinary action of any form. Notwithstanding any other provision of law, a letter of guidance or concern is
not confidential. The board or, as delegated, its subcommittee or staff may place a letter of guidance or concern, together
with any underlying complaint, report and investigation materials, in a licensee's or applicant's file for a specified amount
of time, not to exceed 10 years. Any letters, complaints and materials placed on file may be accessed and considered by the
board, its subcommittee or staff in any subsequent action commenced against the applicant or licensee within the specified
time frame.
[2001, c. 229, §4 (new).]
[2001, c. 229, §4 (new).]
Section History:
PL 1981,
Ch. 661,
§2
(NEW).
PL 1983,
Ch. 812,
§190,191
(AMD).
PL 1985,
Ch. 730,
§12,16
(AMD).
PL 1987,
Ch. 273,
§5
(AMD).
PL 1989,
Ch. 503,
§B120
(AMD).
PL 1989,
Ch. 857,
§70,71
(AMD).
PL 1991,
Ch. 588,
§16
(AMD).
PL 1991,
Ch. 742,
§4
(AMD).
PL 1993,
Ch. 575,
§1
(AMD).
PL 1995,
Ch. 161,
§9
(AMD).
PL 1997,
Ch. 644,
§2
(AMD).
PL 1999,
Ch. 182,
§12-14
(AMD).
PL 2001,
Ch. 229,
§4
(AMD).
PL 2001,
Ch. 713,
§1
(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 - §89. Regions and regional councils
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §89. Regions and regional councils
1. Regions to be established; regional councils. The board shall delineate regions within the State to carry out the purposes of this chapter. The board shall set out conditions
under which an organization in each region may be recognized by the board as the regional council for that region. A regional
council shall, at a minimum, provide adequate representation for ambulance and rescue services, emergency room physicians
and nurses, each hospital and the general public. A regional council must be structured to adequately represent each major
geographical part of its region. Only one regional council may be recognized in any region.
[1991, c. 588, §18 (amd).]
2. Duties of regional councils. The regional councils shall function as the primary planning and operational units of the statewide emergency medical services
system. Each regional council shall carry out an annual program, approved by the board, to further the goals specified in
section 84, subsection 2. Specific responsibilities of the councils include, but are not limited to, the following:
A. Establishing a regional medical control committee;
[1991, c. 588, §18 (amd).]
B. Appointing, subject to approval by the board, a regional medical director, who must be a licensed physician and shall serve
as an agent of Maine Emergency Medical Services. The regional medical director may delegate in writing to other licensed
physicians, who shall similarly serve as agents of Maine Emergency Medical Services, the responsibilities of this position;
[1991, c. 588, §18 (amd).]
C. Advising the board on the licensing of new ambulance, nontransporting emergency medical and air ambulance services within
each region;
[1995, c. 161, §10 (amd).]
D. Assisting Maine Emergency Medical Services in carrying on a program of testing emergency medical services persons within
each region, subject to availability of financial resources for the testing;
[1991, c. 588, §18 (amd).]
E. Assisting the board in developing and implementing a statewide certification and decertification process for emergency medical
services persons;
[1999, c. 182, §15 (amd).]
F. Nominating 2 or more candidates from each council for a position on the Emergency Medical Services' Board, from whom the
Governor may select a member; and
[1985, c. 730, §§13, 16 (amd).]
G. Establishing regional goals to carry out the provisions of this chapter.
[1985, c. 739, §§13, 16 (new).]
[1999, c. 182, §15 (amd).]
Section History:
PL 1981,
Ch. 661,
§2
(NEW).
PL 1985,
Ch. 730,
§13,16
(AMD).
PL 1989,
Ch. 857,
§72
(AMD).
PL 1991,
Ch. 588,
§18
(AMD).
PL 1995,
Ch. 161,
§10
(AMD).
PL 1999,
Ch. 182,
§15
(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 - §90-A. Licensing actions
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §90-A. Licensing actions
1. Disciplinary proceedings and sanctions. The board or, as delegated, its subcommittee or staff, shall investigate a complaint on its own motion or upon receipt of
a written complaint filed with the board regarding noncompliance with or violation of this chapter or of any rules adopted
by the board. Investigation may include an informal conference before the board, its subcommittee or staff to determine whether
grounds exist for suspension, revocation or denial of a license or for taking other disciplinary action pursuant to this chapter.
The board, its subcommittee or staff may subpoena witnesses, records and documents, including records and documents maintained
by a health care facility or other service organization or person related to the delivery of emergency medical services, in
any investigation or hearing it conducts.
[2001, c. 229, §5 (amd).]
2. Notice. The board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but in
no event later than 60 days after the board or staff receives the initial pertinent information. The licensee has the right
to respond within 30 days in all cases except those involving an emergency denial, suspension or revocation, as described
in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 5. If the licensee's response to the complaint
satisfies the board or staff that the complaint does not merit further investigation or action, the matter may be dismissed,
with notice of the dismissal to the complainant, if any.
[2003, c. 559, §2 (amd).]
3. Informal conference. If, in the opinion of the board, its subcommittee or staff, the factual basis of the complaint is or may be true and the
complaint is of sufficient gravity to warrant further action, the board or staff may request an informal conference with the
licensee. The board shall provide the 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, subcommittee or staff, pursuant to Title 1, section 405,
unless otherwise requested by the licensee. Statements made at the conference may not be introduced at a subsequent formal
administrative or judicial hearing unless all parties consent. The licensee may, without prejudice, refuse to participate
in an informal conference if the licensee prefers to request an adjudicatory hearing. If the licensee participates in the
informal conference, the licensee waives the right to object to a participant at the hearing who participated at the informal
conference.
[2003, c. 559, §2 (amd).]
4. Further action. If the board, its subcommittee or staff finds that the factual basis of the complaint is true and is of sufficient gravity
to warrant further action, it may take any of the following actions.
A. The board, its subcommittee or staff may negotiate a consent agreement with the licensee that fixes the period and terms
of probation necessary to protect the public health and safety and to rehabilitate or educate the licensee. A consent agreement
may be used to terminate a complaint investigation, if entered into by the board, the licensee and the Department of the Attorney
General.
[2003, c. 559, §2 (amd).]
B. If a licensee voluntarily surrenders a license, the board, its subcommittee or staff may negotiate stipulations necessary
to ensure protection of the public health and safety and the rehabilitation or education of the licensee. These stipulations
may be set forth only in a consent agreement signed by the board, the licensee and the Department of the Attorney General.
[2001, c. 229, §7 (amd).]
C. If the board, its subcommittee or staff concludes that modification, nonrenewal or suspension pursuant to section 88, subsection
3 of a license or imposition of a civil penalty pursuant to section 88, subsection 3 is in order, the board shall so notify
the licensee and inform the licensee of the licensee's right to request an adjudicatory hearing. If the licensee requests
an adjudicatory hearing in a timely manner, the adjudicatory hearing must be held by the board in accordance with Title 5,
chapter 375, subchapter 4. If the licensee wishes to appeal the final decision of the board, the licensee shall file a petition
for review with the Superior Court within 30 days of receipt of the board's decision. Review under this paragraph must be
conducted pursuant to Title 5, chapter 375, subchapter 7.
[2003, c. 559, §2 (amd).]
D. Except in the specific circumstances where Title 5, section 10004 may be invoked, if the board or its staff concludes that
suspension beyond the authority conferred by section 88 or revocation of the license is in order, the board or its staff shall
request the Attorney General to file a complaint in the District Court in accordance with Title 4, chapter 5 and the Maine
Administrative Procedure Act to commence either full or emergency proceedings.
[2001, c. 229, §7 (amd).]
[2003, c. 559, §2 (amd).]
5. Grounds for licensing action. A decision to take action against any applicant or licensee pursuant to this chapter or any rules adopted pursuant to this
chapter, including, but not limited to, a decision to impose a civil penalty or to refuse to issue or renew a license or to
modify, suspend or revoke a license of a person, service or vehicle, may be predicated on the following grounds:
A. Fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the
license issued;
[1991, c. 588, §19 (amd).]
B. Habitual substance abuse that has resulted or is foreseeably likely to result in the licensee performing services in a manner
that endangers the health or safety of the licensee's patients;
[1993, c. 600, Pt. A, §36 (amd).]
C. A professional diagnosis of a mental or physical condition that has affected or is likely to affect the licensee's performance
in a manner that endangers the health or safety of the licensee's patients;
[1991, c. 588, §19 (amd).]
D. Aiding or abetting the practice of emergency care by a person not duly licensed under this chapter who purports to be so;
[1991, c. 588, §19 (amd).]
E. Incompetent professional practice as evidenced by:
(1) Demonstrated inability to respond appropriately to a client, patient or the general public; or
(2) Inability to apply principles, skills or knowledge necessary to successfully carry out the practice for which the licensee
is licensed;
[1991, c. 588, §19 (amd).]
F. Violation of any reasonable standard of professional behavior, conduct or practice that has been established in the practice
for which the licensee is licensed;
[1991, c. 588, §19 (amd).]
G. Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves dishonesty or false statement, conviction
of a crime that relates directly to the practice for which the licensee is licensed, conviction of a crime for which incarceration
for one year or more may be imposed or conviction of a crime defined in Title 17-A, chapter 11 or 45;
[2003, c. 559, §2 (amd).]
H. Any violation of this chapter or any rule adopted by the board; or
[1987, c. 273, §8 (new).]
I. For other purposes as specified by rules or law.
[1987, c. 273, §8 (new).]
[2003, c. 559, §2 (amd).]
Section History:
PL 1987,
Ch. 273,
§8
(NEW).
PL 1991,
Ch. 588,
§19
(AMD).
PL 1993,
Ch. 575,
§2,3
(AMD).
PL 1993,
Ch. 600,
§A35,36
(AMD).
PL 1999,
Ch. 547,
§B58
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
PL 2001,
Ch. 229,
§5-8
(AMD).
PL 2003,
Ch. 559,
§2
(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 - §90. Appeals (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §90. Appeals (REPEALED)
Section History:
PL 1981,
Ch. 661,
§2
(NEW).
PL 1985,
Ch. 730,
§13,16
(AMD).
PL 1987,
Ch. 273,
§6
(RP ).
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 - §91-A. Appeals of nondisciplinary actions and refusals to issue
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §91-A. Appeals of nondisciplinary actions and refusals to issue
Any person or organization aggrieved by the decision of the staff or a subcommittee of the board in taking any nondisciplinary
action pursuant to this chapter or rules adopted pursuant to this chapter or in the interpretation of this chapter or rules
adopted pursuant to this chapter or in refusing to issue a license may appeal the decision to the board for a final decision.
The staff's or subcommittee's decision stands until the board issues a decision to uphold, modify or overrule the staff's
or subcommittee's decision. In the case of nonrenewal, the person or organization must be afforded an opportunity for hearing
in accordance with this chapter and the Maine Administrative Procedure Act.
[2003, c. 559, §3 (amd).]
div> A final decision of the board constitutes final agency action appealable pursuant to Title 5, chapter 375, subchapter 7.
[2003, c. 559, §3 (amd).]
Section History:
PL 1987,
Ch. 273,
§8
(NEW).
PL 1991,
Ch. 588,
§20
(AMD).
PL 2001,
Ch. 229,
§9
(RPR).
PL 2003,
Ch. 559,
§3
(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 - §91. Disciplinary actions (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §91. Disciplinary actions (REPEALED)
Section History:
PL 1985,
Ch. 730,
§14,16
(NEW).
PL 1987,
Ch. 273,
§7
(RP ).
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 - §92-A. Records of quality assurance activities
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §92-A. Records of quality assurance activities
1. Immunity from suit. Any person who participates in the activities of any emergency medical services quality assurance committee approved by
the board is immune from civil liability for undertaking or failing to undertake any act within the scope of the committee.
[1991, c. 588, §23 (amd).]
2. Confidentiality. All proceedings and records of proceedings concerning the quality assurance activities of an emergency medical services
quality assurance committee approved by the board and all reports, information and records provided to the committee are confidential
and may not be obtained by discovery from the committee, the board or its staff. Quality assurance information may be disclosed
to a licensee as part of any board-approved educational or corrective process.
[2003, c. 559, §6 (amd).]
3. Assistance of information; immunity. Any person, health care facility or other emergency services organization which assists in the activities of an emergency
medical services quality assurance committee approved by the board which provides information to an emergency medical services
quality assurance committee approved by the board shall be protected by the provisions of section 93 as though that assistance
of information were provided to the board itself.
[1989, c. 288 (new).]
Section History:
PL 1989,
Ch. 288,
§
(NEW).
PL 1991,
Ch. 588,
§23
(AMD).
PL 2001,
Ch. 229,
§11
(AMD).
PL 2003,
Ch. 559,
§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 - §92. Confidentiality of information
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §92. Confidentiality of information
All complaints and investigative records of the board are confidential during the pendency of an investigation. Any reports,
information or records provided to the board or department pursuant to this chapter are confidential insofar as the reports,
information or records identify or permit identification of any patient. The board may disclose any confidential information
as follows.
[2003, c. 559, §4 (amd).]
1. Hearings or proceedings. Confidential information may be released in an adjudicatory hearing or informal conference before the board or in any subsequent
formal proceeding to which information is relevant.
[2001, c. 229, §10 (amd).]
2. Consent agreements or settlement. Confidential information may be released in a consent agreement or other written settlement, when the information constitutes
or pertains to the basis of board action.
[2001, c. 229, §10 (amd).]
3. Investigations. Investigative records and complaints become public records upon the conclusion of an investigation unless confidentiality
is required by some other provision of law. For purposes of this subsection, an investigation is concluded when:
A. A notice of an adjudicatory hearing as defined under Title 5, chapter 375, subchapter 1 has been issued;
[2003, c. 559, §5 (amd).]
B. A consent agreement has been executed; or
[2001, c. 229, §10 (new).]
C. A letter of dismissal has been issued or the investigation has otherwise been closed.
[2001, c. 229, §10 (new).]
[2003, c. 559, §5 (amd).]
4. Exceptions. Notwithstanding any other provision of this section, during the pendency of an investigation, a complaint or investigative
record may be disclosed:
A. To Maine Emergency Medical Services employees designated by the director;
[2001, c. 229, §10 (new).]
B. To designated complaint officers of the board;
[2001, c. 229, §10 (new).]
C. By a Maine Emergency Medical Services employee or complaint officer designated by the board when, and to the extent, considered
necessary to facilitate the investigation;
[2001, c. 229, §10 (new).]
D. To other state or federal agencies when the files contain evidence of possible violations of laws enforced by those agencies;
[2001, c. 229, §10 (new).]
E. When and to the extent considered necessary by the director to avoid imminent and serious harm. The authority of the director
to make such a disclosure may not be delegated;
[2001, c. 229, §10 (new).]
F. Pursuant to rules adopted by the department, when it is determined that confidentiality is no longer warranted due to general
public knowledge of the circumstances surrounding the complaint or investigation and when the investigation would not be prejudiced
by the disclosure; or
[2001, c. 229, §10 (new).]
G. To the person investigated on request of that person. The director may refuse to disclose part or all of any investigative
information, including the fact of an investigation when the director determines that disclosure would prejudice the investigation.
The authority of the director to make such a determination may not be delegated.
[2001, c. 229, §10 (new).]
[2003, c. 559, §5 (amd).]
Section History:
PL 1985,
Ch. 730,
§14,16
(NEW).
PL 1991,
Ch. 588,
§21,22
(AMD).
PL 2001,
Ch. 229,
§10
(AMD).
PL 2003,
Ch. 559,
§4,5
(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 - §93-A. Immunity for supervision and training
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §93-A. Immunity for supervision and training
1. Emergency medical treatment supervision. No physician functioning within the medical control system established by the regional medical director and practicing in
a hospital to or from which patients are transported under section 86 or health care practitioner under such a physician's
supervision who gives oral or written instructions to a basic emergency medical services person or an advanced emergency medical
technician for the provision of emergency medical treatment outside the hospital may be civilly liable for negligence as a
result of issuing the instructions, if the instructions were in accordance with the protocol for the patient's reported condition.
For the purpose of aiding in establishing the use of a protocol that permits the immunity provided in this subsection, the
following provisions apply:
A. The basic emergency medical services person or advanced emergency medical technician to whom the instructions are given
shall document those instructions on the state ambulance run record; and
[1987, c. 638, §2 (new).]
B. The physician or health care practitioner giving the instructions shall maintain a medical control log documenting those
instructions at the time they were given and shall sign the log.
[1987, c. 638, §2 (new).]
The immunity provided in this subsection extends to the hospital in which the physician described in this subsection is practicing
or the health care practitioner described in this subsection is being supervised.
[1991, c. 588, §25 (amd).]
2. Emergency medical services persons' training. Except as otherwise provided in this subsection, no hospital, physician or health care practitioner providing an emergency
medical services course, refresher course or continuing education course approved by Maine Emergency Medical Services may
be vicariously liable for the civil liability of a person enrolled in the course to a person receiving emergency medical treatment
during the course.
The immunity provided by this subsection does not apply if the person enrolled in the course is an employee of the hospital,
physician or health care practitioner seeking immunity under this subsection.
[1991, c. 588, §25 (amd).]
Section History:
PL 1987,
Ch. 638,
§2
(NEW).
PL 1991,
Ch. 588,
§25
(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 - §93-B. Epinephrine Training Fund
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §93-B. Epinephrine Training Fund
1. Fund established. The Epinephrine Training Fund, referred to in this section as "the fund," is established as an Other Special Revenue funds
account and funds deposited to the fund are nonlapsing. The commissioner may use this fund only to purchase epinephrine autoinjectors
and to support the costs associated with training basic emergency medical technicians to administer epinephrine.
[2003, c. 451, Pt. TT, §1 (new).]
2. Revenue sources. The commissioner may accept private and public contributions intended to be used for the purposes of the fund.
[2003, c. 451, Pt. TT, §1 (new).]
3. Budget. The commissioner shall submit a budget for the fund for each biennium pursuant to Title 5, sections 1663 and 1666.
[2003, c. 451, Pt. TT, §1 (new).]
Section History:
PL 2003,
Ch. 451,
§TT1
(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 - §93-C. Liability insurance
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §93-C. Liability insurance
1. Procurement of coverage. An ambulance service may not be required to procure liability insurance coverage that exceeds the liability limits specified
in Title 14, sections 8104-D and 8105 while acting as an emergency medical service as defined in Title 14, section 8102, subsection
1-A.
[2005, c. 398, §2 (new).]
2. Coverage required by insurer. An insurer providing insurance to an ambulance service may not require coverage that exceeds the liability limits specified
in subsection 1.
[2005, c. 398, §2 (new).]
Section History:
PL 2005,
Ch. 398,
§2
(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 - §93. Immunity
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §93. Immunity
Any person, health care facility or other emergency services organization acting in good faith is immune from civil liability
to the licensee or applicant for licensure for the following actions:
[1991, c. 588, §24 (amd).]
1. Report; information. Making any report or other information available to Maine Emergency Medical Services under this chapter; and
[1991, c. 588, §24 (amd).]
2. Assisting. Assisting Maine Emergency Medical Services in carrying out any of its duties.
[1991, c. 588, §24 (amd).]
Section History:
PL 1985,
Ch. 730,
§14,16
(NEW).
PL 1991,
Ch. 588,
§24
(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 - §94. Sunset
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 2-B: MAINE EMERGENCY MEDICAL SERVICES ACT OF 1982 §94. Sunset
The operations and conduct of Maine Emergency Medical Services must be reviewed in accordance with Title 3, chapter 35.
[2005, c. 397, Pt. A, §40 (amd).]
Section History:
PL 1985,
Ch. 730,
§14,16
(NEW).
PL 1991,
Ch. 588,
§26
(AMD).
PL 1995,
Ch. 488,
§4
(AMD).
PL 2005,
Ch. 397,
§A40
(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
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