Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 36. Osteopathic Physicians (heading. Pl 1993, C. 600, Pt. A, @168 (rpr))

USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 36. OSTEOPATHIC PHYSICIANS (HEADING. PL 1993, c. 600, Pt. A, @168 (rpr))

Title 32 - §2561. Membership; qualifications; tenure; vacancies

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 1: BOARD OF OSTEOPATHIC LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))

§2561. Membership; qualifications; tenure; vacancies

The Board of Osteopathic Licensure, as established by Title 5, section 12004-A, subsection 29, and in this chapter called the "board," consists of 9 members appointed by the Governor. These members must be residents of this State. Six of these members must be graduates of a school or college of osteopathic medicine approved by the American Osteopathic Association and must be, at the time of appointment, actively engaged in the practice of the profession of osteopathic medicine in the State for a period of at least 5 years, and 3 of these members must be public members. Consumer groups may submit nominations to the Governor for the members to be appointed to represent the interest of consumers. A full term of appointment is for 5 years. Appointment of members must comply with section 60. A member of the board may be removed from office for cause by the Governor. [1997, c. 50, §1 (amd).] p align="center">32 §02561 p align="center">Definitions p align="center">(REPEALED)
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Title 32 - §2562-A. Adequacy of budget

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 1: BOARD OF OSTEOPATHIC LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))

§2562-A. Adequacy of budget

The budget submitted by the board to the Commissioner of Professional and Financial Regulation must be sufficient to enable the board to comply with this subchapter. The fiscal resources available to the board must enable it to strengthen its staffing capabilities and those of the Department of the Attorney General's legal and investigative staff so that complaints, including the professional liability related complaints detailed in Title 24, section 2607, are resolved in a timely fashion. [1993, c. 600, Pt. A, §171 (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
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2562. Meetings; organizations; duties; powers

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 1: BOARD OF OSTEOPATHIC LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))

§2562. Meetings; organizations; duties; powers

The board shall meet in June of each year at a time and place the chair may designate. The board shall elect one of its members as chair annually and one of its members as secretary-treasurer, to hold office at the pleasure of the board. The secretary-treasurer shall ensure proper management of the board's finances. Special meetings may be called at the pleasure of the chair and in case of the death or inability of the chair, the secretary-treasurer may call special meetings. The board shall cause a seal of suitable inscription to be procured and affixed to papers that may require the seal, shall keep a correct record of its proceedings and has power to make rules, not inconsistent with this chapter, it considers necessary for the successful enforcement of its authority and the performance of its duties. As part of the biennial relicensure process, the board shall prepare and distribute to each licensed osteopathic physician practicing in the State a copy of its code of ethics and current rules relative to continuing medical education. The chair and the secretary-treasurer may administer oaths in matters connected with the duties of the board. The records of the board must include a report of all money received and disbursed by the board and a list of all applicants for licenses, including the name and location of the school or college of osteopathic medicine approved by the American Osteopathic Association that granted the degree to each applicant and whether the applicant was granted or denied a license. These records, or duplicates, must always be open to inspection in the office of the Secretary of State during regular office hours. Four members of the board constitute a quorum for the transaction of business. A license to practice osteopathic medicine may not be granted, except on an affirmative vote of a majority of the board. [1997, c. 50, §2 (amd).] div>
Each member of the board is entitled to compensation according to the provisions of Title 5, chapter 379. All requisitions for payment of money must be signed by the chair and the secretary-treasurer of the board. If the fees to be collected under the provisions of this chapter are insufficient to pay the salaries and expenses provided by this section, the members of the board are entitled to only a pro rata payment for salary in years in which the fees are insufficient. [1993, c. 600, Pt. A, §170 (amd).] div>
The board has the duty and the power to annually determine the salary of the secretary-treasurer, not to exceed $6,000. The board has the power to employ, fix the salary of and prescribe the duties of other personnel as the board considers necessary. The board shall utilize the consumer assistant position as provided in section 3269, subsection 15. The functions and expense of the consumer assistant position must be shared on a pro rata basis with the Board of Licensure in Medicine. [1997, c. 680, Pt. B, §1 (amd).] div>
The board may set reasonable fees for services, such as providing license certifications and verifications, providing copies of laws and rules and providing copies of documents. [1993, c. 600, Pt. A, §170 (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
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Title 32 - §2563-A. Budget

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 1: BOARD OF OSTEOPATHIC LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))

§2563-A. Budget

The board shall submit to the Commissioner of Professional and Financial Regulation its budgetary requirements in the same manner as is provided in Title 5, section 1665, and the commissioner shall in turn transmit these requirements to the Bureau of the Budget without any revision, alteration or change, unless alterations are mutually agreed upon by the department and the board or the board's designee. [1993, c. 659, Pt. B, §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
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2563. Report; liaison; limitations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 1: BOARD OF OSTEOPATHIC LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))

§2563. Report; liaison; limitations

On or before August 1st of each year, the board shall submit to the Commissioner of Professional and Financial Regulation, for the preceding fiscal year ending June 30th, its annual report of its operations and financial position, together with such comments and recommendations as the board deems essential. [1985, c. 748, §42 (amd).] div>
The commissioner shall act as a liaison between the board and the Governor. [1977, c. 604, §24 (rpr).] div>
The commissioner may not exercise or interfere with the exercise of discretionary, regulatory or licensing authority granted by statute to the board. The commissioner may require the board to be accessible to the public for complaints and questions during regular business hours and to provide any information the commissioner requires in order to ensure that the board is operating administratively within the requirements of this chapter. [1993, c. 659, Pt. B, §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 - §2571. Licensure; qualifications; fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 2: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @172 (rpr))

§2571. Licensure; qualifications; fees

An individual, before engaging in the practice of osteopathic medicine in this State, shall make application for a license to the board, on a form prescribed by the board. The application must be filed with the board at least 60 days before the date of examination together with a fee of not more than $525. The applicant shall present a diploma granted by a school or college of osteopathic medicine approved by the American Osteopathic Association. That applicant shall present evidence of having completed an internship of at least 12 months in a hospital conforming to the minimal standards for accreditation by the American Osteopathic Association, or the equivalency, as determined by the board. All applicants shall provide reasonable and proper facts as the board in its application may require. The board at its discretion may permit an applicant, who is otherwise qualified to be examined during internship, a license to be withheld until successful completion of internship. [2001, c. 492, §1 (amd).] div>
All fees set in this chapter are nonrefundable application fees or administrative processing fees payable to the board at the time of application or at the time board action is requested. Unless otherwise specified, the board shall set the fees. [1991, c. 425, §2 (new).] div>
An applicant may not be licensed unless the board finds that the applicant is qualified and that no cause exists, as set forth in section 2591-A, that would be considered grounds for disciplinary action against a licensed physician. [1993, c. 600, Pt. A, §173 (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
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2572. Examination, reexamination; endorsement; temporary licensure

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 3: EXAMINATION

§2572. Examination, reexamination; endorsement; temporary licensure

Applicants must be examined in whole or in part in writing and must be thorough in subjects the board determines necessary, including osteopathic theories and methods, to determine the competency of the candidate to practice osteopathic medicine in the State. If the examination is passed in a manner satisfactory to the board, the board shall issue to the applicant a license granting the applicant the right to practice osteopathic medicine in this State. If the applicant fails to pass the examination, the applicant is entitled to one reexamination within one year after failure upon payment of a fee set by the board. Osteopathic physicians who have been certified by the National Board of Osteopathic Examiners or have been strictly examined and licensed to practice osteopathic medicine in another state, which has equivalent licensing requirements to this State, may be licensed to practice osteopathic medicine in this State upon the payment of not more than $300 and the substantiation to the board that the applicant is a graduate of a school or college of osteopathic medicine approved by the American Osteopathic Association and that the license was obtained in the other state. The board may at its discretion require an examination of any such applicant. [1997, c. 50, §4 (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
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2573. Temporary licensure

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 3: EXAMINATION

§2573. Temporary licensure

An osteopathic physician in good repute who is a graduate of a school or college of osteopathic medicine approved by the American Osteopathic Association, serving as a fellow, intern or resident physician in a hospital in this State, shall register with the board and must be issued a temporary license by the board evidencing the right to practice only under hospital control. Such a license may not be issued for a period in excess of one year but may be renewed from time to time, not to exceed an aggregate of 5 years. The license must be in a form prescribed by the board and may be revoked or suspended by the board with the suspension or revocation effective immediately when written notification from the board is received by the hospital. An examination may not be required for applicants for this temporary license. The fee for such a license may not be more than $450. [2001, c. 492, §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
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State House Room 108
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Title 32 - §2574. Locum tenens

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 3: EXAMINATION

§2574. Locum tenens

An osteopathic physician who is a graduate of a school or college of osteopathic medicine approved by the American Osteopathic Association and who is of good repute may, at the discretion of the board, be given a temporary license to be effective for not more than 6 months after issuance, for the purpose of permitting the physician to serve as "locum tenens" for another osteopathic physician who is unable, because of illness or some other substantiated reason, to maintain the practice, thus fulfilling a need in that area for providing health services. The fee for such a license may be not more than $600. [2001, c. 492, §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
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Title 32 - §2575. Camp physicians

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 3: EXAMINATION

§2575. Camp physicians

An osteopathic physician who is a graduate of a school or college of osteopathic medicine approved by the American Osteopathic Association and who is of good repute may, at the discretion of the board, make application for a temporary license to practice as a camp physician at a specified camp. Such an osteopathic physician is entitled to practice only on the patients at the camp. The license must be obtained each year. Applications for such a temporary license must be made in the same manner as for regular licenses. An examination may not be exacted from applicants for temporary licenses. The fee may not be more than $600. [2001, c. 492, §4 (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
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2576. Visiting instructors

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 3: EXAMINATION

§2576. Visiting instructors

A temporary visiting instructor's license may be granted an osteopathic physician who holds a current and valid license to practice osteopathic medicine in another state. This license entitles the osteopathic physician to practice in this State when that physician is performing osteopathic medical procedures as a part of a course or courses of instruction in continuing medical education in a hospital in this State. The annual fee for such a temporary license may not be more than $150. The license issued pursuant to this section is for a duration set by the board. Such a temporary license may be revoked for any one of the reasons in section 2591-A. [2001, c. 492, §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
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State House Room 108
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Title 32 - §2577. Joint program interns

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 3: EXAMINATION

§2577. Joint program interns

An applicant who is enrolled in a program of medical and graduate medical training conducted jointly by a college or university having the power to grant a D.O. degree and accredited by the American Osteopathic Association and a graduate medical education program approved by the American Osteopathic Association may receive a temporary educational certificate from the board to act as a hospital intern as part of that graduate medical education program as long as the applicant is concurrently enrolled in the final year of medical training and initial year of graduate medical education. The board may not issue a certificate pursuant to this section for a period longer than that required to obtain the D.O. degree. The period during which the certificate is in force may not be considered as satisfaction of the requirement for postgraduate medical education under section 2571. [1995, c. 337, §1 (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 - §2581. Licenses; biennial relicensure; fees; reinstatement

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 4: LICENSES (HEADING: PL 1993, c. 600, Pt. A, @179 (rpr))

§2581. Licenses; biennial relicensure; fees; reinstatement

Upon satisfactorily qualifying for licensure, the applicant may be issued a license by the board, which is dated and signed by its members and upon which the official seal of the board is affixed. The license must designate the holder as a physician licensed to practice osteopathic medicine in the State of Maine. The license must be publicly displayed at the individual's principal place of practice. [1993, c. 600, Pt. A, §180 (amd).] div>
Every osteopathic physician legally licensed to practice in this State, shall, on or before the expiration date of the osteopathic physician's license, pay to the board a fee set by the board not to exceed $600 for the renewal of the osteopathic physician's license to practice. An osteopathic physician's license is issued for a period of 2 years and must be renewed in accordance with a schedule adopted by the board by rule. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. In addition to the payment of the renewal fee, each licensee applying for the renewal of the osteopathic physician's license shall furnish to the board satisfactory evidence that the osteopathic physician has attended in the 2 preceding years at least 100 hours of educational programs devoted to continuing medical education approved by the board. The required education must be obtained from formalized programs of continuing medical education sponsored by recognized associations, colleges or universities, hospitals, institutes or groups approved by the board. A copy of the current approved list must be available in the office of the secretary-treasurer of the board. At least 40% of these credit hours must be osteopathic medical education approved in the rules established by the board. The board may adjudicate continuing medical education performance in situations of illness, hardship or military service upon written petition by the applicant. The secretary-treasurer of the board shall send a written notice of the foregoing requirements to each osteopathic physician, at least 60 days prior to each osteopathic physician's license expiration date, directed to the last known address of the licensee and enclosing with the notice proper blank forms for application for renewal. If a licensee fails to furnish the board evidence of attendance at continuing medical educational programs, as approved by the board, fails to pay the renewal fee or fails to submit a completed application for renewal, the osteopathic physician automatically forfeits the right to practice osteopathic medicine in this State. After the expiration of a license, the board shall send notice by first class mail to each licensee who has failed to meet the requirements for renewal. If the failure is not corrected within 30 days, then the osteopathic physician's license may be considered lapsed by the board. The secretary-treasurer of the board may reinstate the osteopathic physician upon the presentation of satisfactory evidence of continuing medical education as outlined and approved by the board and upon payment of the renewal fee. [2001, c. 492, §6 (amd).] div>
Relicensure fees provided for under this section are not required of an osteopathic physician who is 70 years of age or older on the first day of January of the year in which the relicensure is made, although the requirements for continuing medical education apply without regard to age. [1993, c. 600, Pt. A, §180 (amd).] div>
The license entitles an individual to whom it is granted the privilege to practice osteopathic medicine in any county in this State, in all its branches as taught in a school or college of osteopathic medicine approved by the American Osteopathic Association with the right to use drugs that are necessary in the practice of osteopathic medicine. [1997, c. 50, §8 (amd).] div>
An individual to whom a license is granted under this section shall designate that individual's status as an osteopathic physician either by the letters D.O. following the licensee's name or by the words "osteopathic physician" following or accompanying the licensee's name when the prefix Doctor or Dr. is used. [1993, c. 600, Pt. A, §180 (amd).] div>
An applicant not complying with relicensure requirements is entitled to be reinstated upon paying the relicensure fee for the given year and satisfying the board that the applicant has paid all relicensure fees due at the time of the applicant's withdrawal, and that a cause does not exist for revoking or suspending the applicant's license. The board shall determine the skill and competence of an osteopathic physician applying for a reinstatement who has not been engaged in the active practice of osteopathic medicine in this or some other state for a period in excess of one year from the date of the physician's most recent relicensure in Maine. [1993, c. 600, Pt. A, §180 (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 - §2591-A. Disciplinary actions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 5: SUSPENSION AND REVOCATION

§2591-A. Disciplinary actions

1. Disciplinary proceedings and sanctions. The board 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 rules adopted by the board. The board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but, absent unusual circumstances justifying delay, not later than 60 days from receipt of this information. The licensee shall respond within 30 days. The board shall share the licensee's response with the complainant, unless the board determines that it would be detrimental to the health of the complainant to obtain the response. If the licensee's response to the complaint satisfies the board 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. If, in the opinion of the board, the factual basis of the complaint is or may be true, and the complaint is of sufficient gravity to warrant further action, the board 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 complainant may attend and may be accompanied by up to 2 individuals, including legal counsel. The conference must be conducted in executive session of the board, pursuant to Title 1, section 405, unless otherwise requested by the licensee. Before the board decides what action to take at the conference or as a result of the conference, the board shall give the complainant a reasonable opportunity to speak. Statements made at the conference may not be introduced at a subsequent formal hearing unless all parties consent. When a complaint has been filed against a licensee and the licensee moves or has moved to another state, the board may report to the appropriate licensing board in that state the complaint that has been filed, other complaints in the licensee's record on which action was taken and disciplinary actions of the board with respect to that licensee. When an individual applies for a license under this chapter, the board may investigate the professional record of that individual, including professional records that the individual may have as a licensee in other states. The board may deny a license or authorize a restricted license based on the record of the applicant in other states. If the board 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 it considers appropriate:

A. With the consent of the licensee, enter into a consent agreement that fixes the period and terms of probation best adapted 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 Attorney General's office; [1993, c. 600, Pt. A, §181 (amd).]

B. In consideration for acceptance of a voluntary surrender of the license, negotiate stipulations, including terms and conditions for reinstatement, that ensure protection of the public health and safety and that serve to rehabilitate or educate the licensee. These stipulations may be set forth only in a consent agreement signed by the board, the licensee and the Attorney General's office; [1993, c. 600, Pt. A, §181 (amd).]

C. If the board concludes that modification or nonrenewal of the license is in order, the board shall hold an adjudicatory hearing in accordance with the provisions of Title 5, chapter 375, subchapter IV; or [1997, c. 680, Pt. B, §2 (amd).]

D. If the board concludes that suspension or revocation of the license is in order, the board shall file a complaint in the District Court in accordance with Title 4, chapter 5. [1999, c. 547, Pt. B, §64 (amd); §80 (aff).]

[1999, c. 547, Pt. B, §64 (amd); §80 (aff).]

2. Grounds for discipline. The board may suspend or revoke a license pursuant to Title 5, section 10004. The following are grounds for an action to refuse to issue, modify, restrict, suspend, revoke or refuse to renew the license of an individual licensed under this chapter:

A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued; [1983, c. 378, §38 (new).]

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, §181 (amd).]

C. A professional diagnosis of a mental or physical condition that has resulted or may result in the licensee performing the licensee's duties in a manner that endangers the health or safety of the licensee's patients; [1993, c. 600, Pt. A, §181 (amd).]

D. Aiding or abetting the practice of osteopathic medicine by an individual not duly licensed under this chapter and who claims to be legally licensed; [1993, c. 600, Pt. A, §181 (amd).]

E. Incompetence in the practice for which the licensee is licensed. A licensee is considered incompetent in the practice if the licensee has:

(1) Engaged in conduct that evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client or patient or the general public; or

(2) Engaged in conduct that evidences a lack of knowledge, or inability to apply principles or skills to carry out the practice for which the licensee is licensed;
[1993, c. 600, Pt. A, §181 (amd).]

F. Unprofessional conduct. A licensee is considered to have engaged in unprofessional conduct if the licensee violates a standard of professional behavior that has been established in the practice for which the licensee is licensed; [1993, c. 600, Pt. A, §181 (amd).]

G. Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves dishonesty or false statement or that relates directly to the practice for which the licensee is licensed, or conviction of a crime for which incarceration for one year or more may be imposed; [1993, c. 600, Pt. A, §181 (amd).]

H. A violation of this chapter or a rule adopted by the board; [1993, c. 600, Pt. A, §181 (amd).]

I. Engaging in false, misleading or deceptive advertising; [1983, c. 378, §38 (new).]

J. Advertising, practicing or attempting to practice under a name other than one's own; [1983, c. 378, §38 (new).]

K. [1997, c. 680, Pt. B, §4 (rp).]

L. Division of professional fees not based on actual services rendered; [1997, c. 680, Pt. B, §5 (amd).]

M. Failure to comply with the requirements of Title 24, section 2905-A; or [1997, c. 680, Pt. B, §6 (amd).]

N. Revocation, suspension or restriction of a license to practice medicine or other disciplinary action; denial of an application for a license; or surrender of a license to practice medicine following the institution of disciplinary action by another state or a territory of the United States or a foreign country if the conduct resulting in the disciplinary or other action involving the license would, if committed in this State, constitute grounds for discipline under the laws or rules of this State. [1997, c. 680, Pt. B, §7 (new).]

[1997, c. 680, Pt. B, §§3-7 (amd).]

3. Report. By March 1st of each year, the board shall submit to the Legislature a report consisting of statistics on the following for the preceding year:

A. The number of complaints against licensees received from the public or filed on the board's own motion; [1989, c. 462, §7 (new).]

B. The number of complaints dismissed for lack of merit or insufficient evidence of grounds for discipline; [1989, c. 462, §7 (new).]

C. The number of cases in process of investigation or hearing carried over at year end; and [1989, c. 462, §7 (new).]

D. The number of disciplinary actions finalized during the report year as tabulated and categorized by the annual statistical summary of the Physician Data Base of the Federation of State Medical Boards of the United States, Inc. [1989, c. 462, §7 (new).]

[1989, c. 462, §7 (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 - §2591. Complaints; investigations; hearings; censure; probation; suspension; revocation (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 5: SUSPENSION AND REVOCATION

§2591. Complaints; investigations; hearings; censure; probation; suspension; revocation (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 - §2592-A. Reporting and investigation of complaints

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 6: HEARINGS; APPEALS

§2592-A. Reporting and investigation of complaints

When an action is taken against a licensee and the licensee moves or has moved to another state, the board may report to the appropriate licensing board in that state the complaint that has been filed, any other complaints in the physician's record on which action was taken and disciplinary actions of the board with respect to that physician. [1993, c. 600, Pt. A, §182 (amd).] div>
When an individual applies for a license under this chapter, the board may investigate the professional record of that individual, including professional records that the individual may have as a licensee in other states. The board may deny a license or authorize a restricted license based on the record of the applicant in other states. [1993, c. 600, Pt. A, §182 (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 - §2592. Disciplinary action (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 6: HEARINGS; APPEALS

§2592. Disciplinary action (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 - §2593. Mental or physical examination of licensee licensed to practice in Maine

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2593. Mental or physical examination of licensee licensed to practice in Maine

For the purpose of this chapter, an osteopathic physician is, by so practicing, deemed to have given consent to a mental or physical examination when directed in writing by the board and to have waived all objections to the admissibility of the examining physician's testimony or examination on the grounds that it constitutes privileged communication. These examinations must be conducted by a qualified individual from a list of 5 provided by the board. [1993, c. 600, Pt. A, §183 (amd).] p align="center">32 §02593 p align="center">Referrals by optical firms prohibited p align="center">(REPEALED by PL 1973, c. 788, §157)
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 - §2594-A. Assistants

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2594-A. Assistants

Nothing contained in this chapter may be construed to prohibit an individual from rendering medical services, if these services are rendered under the supervision and control of a physician, if the individual has satisfactorily completed a training program approved by the Board of Osteopathic Licensure. Supervision and control may not be construed as requiring the personal presence of the supervising and controlling physician at the place where these services are rendered, unless a physical presence is necessary to provide patient care of the same quality as provided by the physician. Nothing in this chapter may be construed as prohibiting a physician from delegating to the physician's employees certain activities relating to medical care and treatment carried out by custom and usage when these activities are under the direct control of and in the personal presence of the physician. The physician delegating these activities to employees, to program graduates or to participants in an approved training program is legally liable for the activities of those individuals, and any individual in this relationship is considered the physician's agent. Nothing contained in this section may be construed to apply to registered nurses acting pursuant to chapter 31. [1993, c. 600, Pt. A, §184 (amd).] div>
When the delegated activities are part of the practice of optometry as defined in chapter 34-A, then the individual to whom these activities are delegated must possess a valid license to practice optometry in Maine or otherwise may perform only as a technician within the established office of a physician and may act solely on the order of and under the responsibility of a physician skilled in the treatment of eyes as designated by the proper professional board and without assuming evaluation or interpretation of examination findings by prescribing corrective procedures to preserve, restore or improve vision. [1993, c. 600, Pt. A, §184 (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 - §2594-B. Licenses of qualification; physician's statement

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2594-B. Licenses of qualification; physician's statement

1. License required. A physician assistant may not practice under the supervision of an osteopathic physician until the physician assistant has applied for and obtained a license issued by the Board of Osteopathic Licensure, which must be renewed biennially.

A. [1993, c. 600, Pt. A, §185 (rp).]

B. [1993, c. 600, Pt. A, §185 (rp).]

[1997, c. 271, §5 (amd).]

2. Statement by supervisory physician. All applications for licensure must be accompanied by an application by the proposed supervisory physician, which application must contain a statement that that physician is responsible for all medical activities of the physician assistant. [1993, c. 600, Pt. A, §185 (amd).]

3. Employment. A physician assistant may not employ a supervisory physician for the purposes of meeting the requirements of this section. [1993, c. 600, Pt. A, §185 (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 - §2594-C. Rules

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2594-C. Rules

1. Rules authorized. The board may adopt rules dealing with osteopathic physician assistants as are necessary to carry out sections 2594-A to 2594-D. [1993, c. 600, Pt. A, §186 (amd).]

2. Content. The rules authorized under this section may include, but are not limited to rules in the following areas:

A. Training programs for and licensure of physician assistants; [1993, c. 600, Pt. A, §186 (amd).]

B. Information to be included in applications submitted by physician assistants for licensure; [1993, c. 600, Pt. A, §186 (amd).]

C. Information to be included in applications submitted by proposed supervisory physicians; [1977, c. 391 (new).]

D. Knowledge and skills to be required of the physician assistants; [1977, c. 391 (new).]

E. The agency relationship to be required between supervising physicians and physician assistants; [1977, c. 391 (new).]

F. Requirements with respect to the supervisory physician's supervision of medical services provided by physician assistants; [1993, c. 600, Pt. A, §186 (amd).]

G. The methods of performance to be required of physician assistants; [1977, c. 391 (new).]

H. Requirements for initial licensure, including fees, which may not exceed $150; [2001, c. 492, §7 (amd).]

I. Requirements for annual licensure, including fees, which may not exceed $125; [2001, c. 492, §7 (amd).]

J. Provisions relating to physician assistant trainees; [1991, c. 425, §9 (amd).]

K. Continuing education requirements, as a precondition to annual licensure; [1993, c. 600, Pt. A, §186 (amd).]

L. Requirements for physician supervision of physician extenders, including fees, which may not exceed $150; and [2001, c. 492, §8 (amd).]

M. Requirements for transfer of licensure by a physician extender to another physician, including fees, which may not exceed $50. [2001, c. 492, §8 (amd).]

[2001, c. 492, §§7, 8 (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 - §2594-D. Termination of license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2594-D. Termination of license

1. Grounds for discipline. A physician assistant is subject to the sanction of section 2591-A, if the assistant:

A. Claims to be, or permits another to represent that physician assistant as a licensed physician; [1993, c. 600, Pt. A, §187 (amd).]

B. Has performed otherwise than at the direction of and under the supervision of a physician licensed by the board; [1983, c. 378, §40 (rpr).]

C. Has been delegated and has performed a task beyond that physician assistant's competence; [1993, c. 600, Pt. A, §187 (amd).]

[1993, c. 600, Pt. A, §187 (amd).]

2. Consent to physical or mental examination; objections to admissibility of physician's testimony waived. For the purposes of this section, every physician assistant licensed under these rules who accepts the responsibility of rendering medical services in this State by the filing of an application and of annual licensure:

A. Is deemed to have given consent to a mental or physical examination when directed in writing by the board; and [1993, c. 600, Pt. A, §187 (amd).]

B. Is deemed to have waived all objections to the admissibility of the examining physician's testimony or reports on the ground that these constitute a privileged communication. [1993, c. 600, Pt. A, §187 (amd).]

Pursuant to Title 4, section 184, subsection 6, the District Court shall immediately suspend the license of a physician assistant who can be shown, through the results of the medical or physical examination conducted under this section or through other competent evidence, to be unable to render medical services with reasonable skill and safety to patients by reason of mental illness, alcohol intemperance, excessive use of drugs or narcotics or as a result of a mental or physical condition interfering with the competent rendering of medical services. [1999, c. 547, Pt. B, §65 (amd); §80 (aff).]

3. Jurisdiction. [1977, c. 694, §604 (rp).]

4. Enforcement. [1977, c. 694, §604 (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 - §2594. Immunity of licensee rendering emergency care

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2594. Immunity of licensee rendering emergency care

An osteopathic physician licensed under this chapter, who, in the exercise of due care, renders emergency care at the scene of an accident, is not liable for any civil damages as the result of acts or omissions by such an individual in rendering emergency care. [1993, c. 600, Pt. A, §183 (amd).] p align="center">32 §02594 p align="center">Public aid ocular services p align="center">(REPEALED by PL 1973, c. 788, §157)
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 - §2595. Treatment of minors

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2595. Treatment of minors

An individual licensed under this chapter who renders medical care to a minor for treatment of venereal disease or abuse of drugs or alcohol or for the collection of sexual assault evidence through a sexual assault forensic examination is under no obligation to obtain the consent of the minor's parent or guardian or to inform the parent or guardian of the treatment. Nothing in this section may be construed so as to prohibit the licensed individual rendering the treatment from informing the parent or guardian. For purposes of this section, "abuse of drugs" means the use of drugs solely to induce a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment. [1999, c. 90, §3 (amd).] p align="center">32 §02595 p align="center">Solicitation p align="center">(REPEALED by PL 1973, c. 788, §157)
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 - §2596-A. Establishment of protocols for operation of a professional review committee

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2596-A. Establishment of protocols for operation of a professional review committee

The board shall establish a protocol to govern the operation of a professional review committee as defined in Title 24, section 2502, subsection 4-A. The protocol must require the professional review committee to submit to the board information specified by the board regarding reports received by the professional review committee, as well as an annotated list of contacts or investigations made by the professional review committee and the disposition of each report, except that the committee may not be compelled to disclose information that may serve to identify the subject of a report. The protocol may not prohibit an impaired physician from seeking alternative forms of treatment. [1993, c. 600, Pt. A, §190 (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 - §2596. Review committee member immunity

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2596. Review committee member immunity

A physician licensed under this chapter who is a member of a utilization review committee or a peer review committee that is a requirement of accreditation by the American Osteopathic Association or is established and operated under the auspices of the physician's respective state or county professional society or the Board of Osteopathic Licensure is immune from civil liability for undertaking or failing to undertake an act within the scope of the function of the committee. [1993, c. 600, Pt. A, §189 (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 - §2597. Saving clause

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2597. Saving clause

This chapter shall have no application to the licensing or practice of allopathic physicians, dentists, chiropractors, optometrists, veterinarians, podiatrists or nurses. [1973, c. 374, § 1 (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 - §2598. Penalty

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2598. Penalty

An individual who attempts to practice osteopathic medicine without proper license or who induces the belief that that individual is legally engaged in the practice of osteopathic medicine without having fully complied with all requirements of law commits a Class E crime; except that nothing in this chapter may be construed to prohibit a lawfully qualified osteopathic physician in another state meeting a licensed osteopathic physician in this State for consultation. [1993, c. 600, Pt. A, §191 (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 - §2599-A. Promulgation of complaint procedures (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2599-A. Promulgation of complaint procedures (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 - §2599-B. Consumer information (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2599-B. Consumer information (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 - §2599. Records of proceedings of hospital medical staff review committees confidential

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2599. Records of proceedings of hospital medical staff review committees confidential

All proceedings and records of proceedings concerning medical staff reviews and hospital reviews conducted by committees of physicians and other health care personnel on behalf of hospitals located within the State, when these reviews are required by state or federal law or regulations or as a condition of accreditation by the Joint Commission on Accreditation of Hospitals or the American Osteopathic Association Committee on Hospital Accreditation are confidential and are exempt from discovery without a showing of good cause. [1993, c. 600, Pt. A, §192 (amd).] div>
Provision of information protected by this section to the board pursuant to Title 24, section 2506 does not waive or otherwise affect the confidentiality of the records or the exemption from discovery provided by this section for any other purpose. [1997, c. 271, §6 (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 - §2600-A. Confidentiality of personal information of applicant or licensee

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2600-A. Confidentiality of personal information of applicant or licensee

An applicant or licensee shall provide the board with a current professional address and telephone number, which will be their public contact address, and a personal residence address and telephone number. An applicant's or licensee's personal residence address and telephone number is confidential information and may not be disclosed except as permitted by this section or as required by law, unless the personal residence address and telephone number have been provided as the public contact address. Personal health information submitted as part of any application is confidential information and may not be disclosed except as permitted by this section or as required by law. The personal health information and personal residence address and telephone number may be provided to other governmental licensing or disciplinary authorities or to any health care providers located within or outside this State that are concerned with granting, limiting or denying a physician's employment or privileges. [2001, c. 214, §1 (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 - §2600. Release of contact lens prescription

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 36: OSTEOPATHIC PHYSICIANS (HEADING: PL 1993, c. 600, Pt. A, @168 (rpr))
Subchapter 7: GENERAL PROVISIONS

§2600. Release of contact lens prescription

After contact lenses have been adequately fitted and the patient released from immediate follow-up care by the physician, the patient may request a copy of the contact lens specifications from the physician. The physician shall provide a copy of the prescription, at no cost, which must contain the information necessary to properly duplicate the current prescription. The contact lens prescription must contain an expiration date not to exceed 24 months from the date of issue. The prescription may contain fitting guidelines and may also contain specific instructions for use by the patient. [1997, c. 117, §5 (amd).] div>
The prescribing physician is not liable for an injury or condition to a patient that results from negligence in packaging, manufacturing or dispensing lenses by anyone other than the prescribing physician. [1993, c. 600, Pt. A, §195 (amd).] div>
The dispensing party may dispense contact lenses only upon receipt of a written prescription, except that a physician may fill a prescription of an optometrist or another physician without a copy of the prescription. Mail order contact lens suppliers must be licensed by and register with the Board of Commissioners of the Profession of Pharmacy pursuant to section 13751, subsection 3-A and are subject to discipline by that board for violations of that board's rules and the laws governing the board. An individual who fills a contact lens prescription shall maintain a file of that prescription for a period of 5 years. An individual, corporation or other entity, other than a mail order contact lens supplier, that improperly fills a contact lens prescription or fills an expired prescription commits a civil violation for which a forfeiture of not less than $250 nor more than $1,000 may be adjudged. [1997, c. 117, §6 (amd).] div>
An individual may file a complaint with the board seeking disciplinary action concerning violations of this section. The board shall investigate or cause to be investigated and shall resolve a complaint on its own motion or upon receipt of a written complaint. The board shall conduct its actions in accordance with the Maine Administrative Procedure Act. [1993, c. 600, Pt. A, §195 (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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