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Home > Statutes > Usa Maine
USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 51. PODIATRISTS
Title 32 - §3551. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 1: GENERAL PROVISIONS

§3551. Definitions

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [1993, c. 600, Pt. A, §229 (rpr).]

1. Board. "Board" means the Board of Licensure of Podiatric Medicine. [1993, c. 600, Pt. A, §229 (new).]


2. License. "License" means authorization to practice podiatric medicine. [1993, c. 600, Pt. A, §229 (new).]


3. Podiatrist. "Podiatrist" means an individual currently licensed to practice podiatric medicine. [1993, c. 600, Pt. A, §229 (new).]


4. Practice of podiatric medicine. "Practice of podiatric medicine" means the diagnosis and treatment of maladies of the human foot and ankle by medical, surgical or mechanical means. Practice of podiatric medicine includes the administration of local anesthesia in conjunction with the practice of podiatry. The use of general anesthesia is permitted in conjunction with the practice of podiatry when administered or supervised by a medical or osteopathic physician who assumes responsibility for the administration of that anesthesia to a patient being treated by a podiatrist. [1993, c. 600, Pt. A, §229 (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 - §3552-A. Podiatric assistants

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 1: GENERAL PROVISIONS

§3552-A. Podiatric assistants

1. Podiatric assistants permitted. This chapter may not be construed to prohibit a podiatric assistant from rendering podiatric medical services if these services are rendered under the supervision and control of a podiatrist and if that podiatric assistant is in a training program approved by the board or has satisfactorily completed training and a competency evaluation approved by the board. "Supervision and control" may not be construed to require the personal presence of the supervising and controlling podiatrist 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 podiatrist. This chapter may not be construed to prohibit a podiatrist from delegating to a podiatric assistant certain activities relating to medical care and treatment that are delegated by custom and usage, as long as those activities are under the supervision or control of the podiatrist, who must be present on the premises at the time the activities are performed. This section may not be construed to require the presence of the supervising and controlling podiatrist during the rendering of nondiagnostic or nontherapeutic services. [2005, c. 77, §1 (new).]


2. Liability. A podiatrist who delegates activities as described in subsection 1 to a podiatric assistant is legally liable for the medical activities of that podiatric assistant, and a podiatric assistant in this relationship is considered the podiatrist's agent. This subsection may not be construed to apply to an individual acting under a separate license accepted by the State to render services independently. [2005, c. 77, §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 - §3552. Licensure; exceptions; penalty

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 1: GENERAL PROVISIONS

§3552. Licensure; exceptions; penalty

1. Licensure required. Except as otherwise provided, it is unlawful for an individual to practice or attempt to practice podiatry or to claim to be licensed as a podiatrist without first obtaining a license to practice podiatry as provided in this chapter. [1993, c. 600, Pt. A, §230 (new).]


2. Exceptions. This chapter does not apply to an individual licensed to practice a healing art or science who is practicing podiatric medicine in the course of practice and within the scope of that license, to a commissioned medical or surgical officer of a United States Army, United States Navy or United States Marine hospital or public health service or to the sale of nonprescription foot appliances in commercial establishments. [1993, c. 600, Pt. A, §230 (new).]


3. Penalty. A person who practices podiatric medicine in violation of subsection 1 commits a Class E crime. The State may bring action in Superior Court to enjoin a person from violating subsection 1, regardless of whether proceedings are instituted in District Court and regardless of the status of criminal proceedings. [1993, c. 600, Pt. A, §230 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §3553. Narcotics

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 1: GENERAL PROVISIONS

§3553. Narcotics

A licensed podiatrist may prescribe narcotic drugs for the treatment of ailments within the scope of the podiatrist's license with the approval of the Drug Enforcement Administration. [1993, c. 600, Pt. A, §231 (rpr).]
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 - §3554. Penalties (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 1: GENERAL PROVISIONS

§3554. Penalties (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 - §3555. Review committee immunity

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 1: GENERAL PROVISIONS

§3555. Review committee immunity

Any member of a peer review committee of a state association composed of podiatrists licensed under this chapter, any staff member of such an association assisting a peer review committee and any witness or consultant appearing before or presenting information to the peer review committee is immune from civil liability for, without malice, undertaking or failing to undertake any act within the scope of the function of the committee. [1987, c. 646, §12 (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 - §3601. Appointment; term; removal

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 2: BOARD OF LICENSURE OF PODIATRIC MEDICINE (HEADING: PL 1993, c. 600, Pt. A, @233 (rpr))

§3601. Appointment; term; removal

The Board of Licensure of Podiatric Medicine established in Title 5, section 12004-A, subsection 33 and in this chapter called the "board," consists of 4 podiatrists and a representative of the public appointed by the Governor. One of the members must be chosen by a majority of the members to act as chair of the board for a term of 2 years. The podiatrists are appointed by the Governor for a term of 4 years from nominations submitted by the Podiatry Association of Maine and by other organizations and individuals. The podiatrists selected must at the time of their appointment have been actively engaged in the practice of podiatry for a period of at least 2 years. Appointment of members must comply with section 60. [1993, c. 600, Pt. A, §234 (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 - §3602. Meetings; officers; records

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 2: BOARD OF LICENSURE OF PODIATRIC MEDICINE (HEADING: PL 1993, c. 600, Pt. A, @233 (rpr))

§3602. Meetings; officers; records

The board shall hold regular semiannual meetings and may hold other meetings during the year as it determines necessary to transact its business. One of the members must be chosen by a majority of the board to act as chair of the board for a term of 2 years. One member must be chosen by a majority of the board to act as secretary and treasurer of the board for a term of 2 years, who shall keep a record of the proceedings of the board, which must include, among other things, a record of all money received and disbursed, a list of all applicants for licenses to practice podiatry and whether those applicants were granted or denied a license. The records must be filed in the office of the board and be open to inspection during regular office hours. Three members of the board constitute a quorum for the transaction of business, but a license to practice podiatry may not be granted except upon the affirmative vote of a majority of the members of the board. [1993, c. 600, Pt. A, §235 (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 - §3603. Compensation; disposition of fees (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 2: BOARD OF LICENSURE OF PODIATRIC MEDICINE (HEADING: PL 1993, c. 600, Pt. A, @233 (rpr))

§3603. Compensation; disposition of fees (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §3604. Reports; liaison; limitations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 2: BOARD OF LICENSURE OF PODIATRIC MEDICINE (HEADING: PL 1993, c. 600, Pt. A, @233 (rpr))

§3604. Reports; liaison; limitations

On or before August 1st of each year, the board shall submit to the commissioner, for the preceding fiscal year ending June 30th, an annual report of its operations and financial position, together with comments and recommendations the board determines essential. [1995, c. 462, Pt. A, §62 (rpr).] div>
The commissioner shall act as a liaison between the board and the Governor. [1995, c. 462, Pt. A, §62 (rpr).] div>
The commissioner may not exercise or interfere with the exercise of discretionary, regulatory or licensing authority granted by law 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. [1995, c. 462, Pt. A, §62 (rpr).]
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 - §3605-A. Rules (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 2: BOARD OF LICENSURE OF PODIATRIC MEDICINE (HEADING: PL 1993, c. 600, Pt. A, @233 (rpr))

§3605-A. Rules (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 - §3605-B. Powers and duties of the board

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 2: BOARD OF LICENSURE OF PODIATRIC MEDICINE (HEADING: PL 1993, c. 600, Pt. A, @233 (rpr))

§3605-B. Powers and duties of the board

In addition to powers and duties otherwise provided by law, the board has the following powers and duties: [1993, c. 600, Pt. A, §239 (new).]

1. Licenses. Examine and issue and renew the licenses of qualified applicants; [1993, c. 600, Pt. A, §239 (new).]


2. Continuing education. Adopt standards for continuing education necessary to maintain licensure; [1993, c. 600, Pt. A, §239 (new).]


3. Rules. Adopt rules in accordance with the Maine Administrative Procedure Act, as it determines necessary to carry out the purposes of this chapter; [1993, c. 600, Pt. A, §239 (new).]


4. Conduct investigations and hold hearings. Hold hearings to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of licensure or to perform the board's duties in accordance with due process. The board may not refuse to renew a license for a reason other than failure to pay a required fee, unless it has afforded the licensee the opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of an individual who is denied a license for a reason other than failure to pay a required fee, if the request for hearing is received by the board within 30 days of the board's transmission of written notice to the applicant of denial of the application, the reasons for denial and a statement of the applicant's right to request a hearing. Hearings must be conducted in conformity with Title 5, chapter 375, subchapter IV to the extent applicable. The board may subpoena witnesses, records and documents for a hearing it conducts; [1993, c. 600, Pt. A, §239 (new).]


5. Contracts. [1995, c. 397, §58 (rp).]


6. Records. The board shall keep a record of its procedures. [1993, c. 600, Pt. A, §239 (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 - §3605. Rules and regulations (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 2: BOARD OF LICENSURE OF PODIATRIC MEDICINE (HEADING: PL 1993, c. 600, Pt. A, @233 (rpr))

§3605. Rules and regulations (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 - §3606. Budget (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 2: BOARD OF LICENSURE OF PODIATRIC MEDICINE (HEADING: PL 1993, c. 600, Pt. A, @233 (rpr))

§3606. Budget (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 - §3651-A. Requirements and licensure

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 3: LICENSURE REQUIREMENTS (HEADING: PL 1993, c. 600, Pt. A, @240 (rpr))

§3651-A. Requirements and licensure

1. Residency requirement. An applicant who has graduated after January 1, 1991 from podiatric medical school as set forth in section 3651-B seeking licensure to practice podiatry shall provide the board with evidence of satisfactory completion of at least one year of postgraduate clinical training in a podiatric residency training program approved by the accrediting body of the American Podiatric Medical Association, or its successor organization. [1993, c. 600, Pt. A, §242 (amd); §243 (aff).]


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



A. An applicant for a residency license must be a doctor of podiatric medicine who is a graduate of a school of podiatry, as set forth in this chapter. An examination is not required for applicants for residency licensure. The fee for residency licensure is the same as the fee for licensure for that year. The residency license application and the license must be in forms prescribed by the board. A residency license may be denied for a reason for which a podiatric medical license may be disciplined under section 3655-A. [1993, c. 600, Pt. A, §242 (amd); §243 (aff).]




B. A residency license is valid only for the practice of podiatric medicine as part of the postgraduate residency program. A residency license is subject to discipline for a reason for which a podiatric medical license may be disciplined under section 3655-A. If the holder of a residency license is terminated from or otherwise ceases to be a resident in the postgraduate residency program, the residency license becomes void as of the date the resident is terminated or ceases to be a resident. [1993, c. 600, Pt. A, §242 (amd); §243 (aff).]




C. A residency license is valid for up to one year, and may be renewed annually before the first day of July of every year, not to exceed an aggregate of 4 years. Renewal of a residency license is subject to the same requirements and conditions as the initial residency license. [1993, c. 600, Pt. A, §242 (amd); §243 (aff).]

[1993, c. 600, Pt. A, §242 (amd); §243 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §3651-B. Examination; requirements

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 3: LICENSURE REQUIREMENTS (HEADING: PL 1993, c. 600, Pt. A, @240 (rpr))

§3651-B. Examination; requirements

1. Examination. Except as otherwise provided in this chapter, an individual must be examined by the board as to the individual's qualifications before engaging in the practice of podiatry. An applicant shall present to the board an application for a license to practice podiatry on a form prescribed by the examiners and containing satisfactory proof that the applicant:



A. Is at least 18 years of age; and [1993, c. 600, Pt. A, §244 (new).]




B. Has received a certificate of graduation from an accredited college of podiatric medicine, recognized by the Council of Education of the American Podiatry Association or its equivalent. [1993, c. 600, Pt. A, §244 (new).]

[1993, c. 600, Pt. A, §244 (new).]


2. Rules. To be eligible for licensure, the applicant must pass a comprehensive examination as prescribed by the board in its rules. [1993, c. 600, Pt. A, §244 (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 - §3651. Examination; requirements (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 3: LICENSURE REQUIREMENTS (HEADING: PL 1993, c. 600, Pt. A, @240 (rpr))

§3651. Examination; requirements (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 - §3652. Fees; reexamination; license renewal

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 3: LICENSURE REQUIREMENTS (HEADING: PL 1993, c. 600, Pt. A, @240 (rpr))

§3652. Fees; reexamination; license renewal

The Director of the Office of Licensing and Registration may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $600 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. [1999, c. 685, §12 (new).] div>
An applicant for an examination for a license to practice podiatry shall pay, at the time of filing an application, to the board a license application fee and a license fee plus actual cost of examination administration. An applicant who fails to pass an examination is entitled to a reexamination within 6 months upon the payment of a fee, but only 2 such reexaminations are permitted. Podiatrists licensed in another state and applying for a license to practice in this State without examination shall pay an application fee and a license fee. [1999, c. 685, §12 (amd).] div>
A doctor of podiatric medicine licensed to practice podiatric medicine and surgery within this State shall apply, on or before August 1, 1993 and on or before July 1st of every year after August 1, 1993, to the board for a license renewal on a form furnished by the board and pay a renewal fee. [1999, c. 685, §12 (amd).] div>
On or before August 1, 1993, and on or before July 1st of every year after August 1, 1993, an applicant who is practicing podiatric medicine and surgery in this State shall include satisfactory evidence to the board that in the preceding license period the applicant has completed a program of continuing education as prescribed in the rules of the board. [1993, c. 600, Pt. A, §245 (amd).] div>
An application for license renewal made not more than 90 days after the date of expiration must include a late fee in addition to the renewal fee. An application received more than 90 days but less than 2 years after the expiration date is subject to the requirements for new applicants as well as continuing education requirements, if applicable, and a late fee, except that the board, giving due consideration to the health, welfare and safety of the citizens of the State, may waive the examination requirement at its discretion. A license that has been expired for over 2 years may not be renewed and must be processed as a new application. [1999, c. 685, §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 - §3653. Display of licenses; use of title

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 3: LICENSURE REQUIREMENTS (HEADING: PL 1993, c. 600, Pt. A, @240 (rpr))

§3653. Display of licenses; use of title

An applicant who satisfactorily meets the requirements for license to practice podiatry, as provided in this chapter, may be granted a license by the board signed by the chair, which entitles the individual to whom it is granted to practice podiatry in this State. The license must be conspicuously displayed at the place of practice of the podiatrist. A podiatrist licensed in accordance with this chapter may use the word "Doctor" or the letters "Dr." when followed by the word "Podiatrist" or "Chiropodist," or the designation of the degree "D.P.M." [1993, c. 600, Pt. A, §246 (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 - §3654. Reciprocity; endorsement; residency requirement

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 3: LICENSURE REQUIREMENTS (HEADING: PL 1993, c. 600, Pt. A, @240 (rpr))

§3654. Reciprocity; endorsement; residency requirement

Beginning July 1, 1995, the board may issue a license to practice podiatry by endorsement to an applicant who has successfully passed the written examination of another state or of a national certifying agency in podiatry recognized by the board if the written examination of the other state or national certifying agency was, in the opinion of the board, equivalent to its own examination and if the applicant satisfies in all other respects the requirements for licensure in section 3651-A. An applicant for licensure by endorsement who graduated after January 1, 1991 from podiatric medical school under section 3651-A shall provide the board evidence of satisfactory completion of at least one year of postgraduate clinical training in a podiatric residency training program under section 3651-A. The application to the board must be accompanied by an application fee and a license fee. [1999, c. 685, §13 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §3655-A. Disciplinary actions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 3: LICENSURE REQUIREMENTS (HEADING: PL 1993, c. 600, Pt. A, @240 (rpr))

§3655-A. Disciplinary actions

1. Disciplinary proceedings and sanctions. The board shall investigate a complaint, on its own motion or upon receipt of a signed 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 the information. The licensee shall respond within 30 days. 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 conference must be conducted in executive session of the board, 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 hearing unless all parties consent. 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, §248 (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, §248 (amd).]




C. If the board concludes that modification or nonrenewal of the license or other disciplinary action under this chapter or Title 10, section 8003 is in order, the board shall hold an adjudicatory hearing in accordance with the provisions of Title 5, chapter 375, subchapter IV; or [1993, c. 600, Pt. A, §248 (amd).]




D. If the board concludes that suspension or revocation of the license is in order, the board may file a complaint in the District Court in accordance with Title 4, chapter 5. [1999, c. 547, Pt. B, §68 (amd); §80 (aff).]

[1999, c. 547, Pt. B, §68 (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 discipline or to refuse to issue, modify, 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, §59 (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, §248 (amd).]




C. A professional diagnosis of a mental or physical condition that has resulted or may result in the licensee performing services in a manner that endangers the health or safety of the podiatrist's patients; [1993, c. 600, Pt. A, §248 (amd).]




D. Aiding or abetting the practice of podiatry by an individual who is not licensed under this chapter and who claims to be legally licensed; [1993, c. 600, Pt. A, §248 (amd).]




E. Incompetence in the practice for which the podiatrist 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 podiatrist is licensed;
[1993, c. 600, Pt. A, §248 (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, §248 (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, §248 (amd).]




H. A violation of this chapter or a rule adopted by the board; [1993, c. 600, Pt. A, §248 (amd).]




I. Engaging in false, misleading or deceptive advertising; or [1983, c. 378, §59 (new).]




J. [1993, c. 600, Pt. A, §248 (rp).]




K. Prescribing narcotic or hypnotic or other drugs listed as controlled substances by the Drug Enforcement Administration for other than accepted therapeutic purposes. [1993, c. 600, Pt. A, §248 (new).]

[1993, c. 600, Pt. A, §248 (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 - §3655. Suspension or revocation of license (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 51: PODIATRISTS
Subchapter 3: LICENSURE REQUIREMENTS (HEADING: PL 1993, c. 600, Pt. A, @240 (rpr))

§3655. Suspension or revocation of license (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
 
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