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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 51. PODIATRISTS
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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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