SP0539, LD 1516, item 1 , An Act To Permit Certain Health Care Practices

An Act To Permit Certain Health Care Practices

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 32 MRSA c. 137 is enacted to read:

CHAPTER 137

UNLICENSED HEALTH CARE PRACTICES

§ 17101. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Commissioner. "Commissioner" means the Commissioner of Health and Human Services.

2. Unlicensed health care client. "Unlicensed health care client" means an individual who receives services from an unlicensed health care practitioner.

3. Unlicensed health care practices. "Unlicensed health care practices" means the broad domain of unlicensed healing methods and treatments, including, but not limited to:

A. Acupressure;

B. Alexander technique;

C. Aromatherapy;

D. Ayurveda;

E. Cranial sacral therapy;

F. Emotional freedom technique;

G. Detoxification practices and therapies;

H. Energetic healing;

I. Rolfing;

J. Gerson therapy and colostrum therapy;

K. Therapeutic touch;

L. Herbology or herbalism;

M. Polarity therapy;

N. Homeopathy;

O. Nondiagnostic iridology;

P. Body work;

Q. Reiki;

R. Mind-body healing practices;

S. Hydrotherapy; and

T. Qigong energy healing.

"Unlicensed health care practices" does not include surgery; x-ray radiation; prescribing; administering or dispensing legend drugs and controlled substances; practices that invade the human body by puncture of the skin; setting fractures; any practice included in the practice of dentistry; the manipulation or adjustment of articulations of joints or the spine, also known as chiropractic medicine; or the healing art of acupuncture.

4. Unlicensed health care practitioner. "Unlicensed health care practitioner" means a person who:

A. Is not licensed by a health-related licensing board under this Title or by the commissioner or holds a license issued by a health-related licensing board under this Title or by the commissioner but does not profess to the public to be licensed or registered under this Title or by the commissioner when engaging in unlicensed health care practices;

B. Has not had a license issued by a health-related licensing board under this Title or by the commissioner revoked or suspended without reinstatement;

C. Is engaging in unlicensed health care practices; and

D. Is providing unlicensed health care practices for remuneration or is professing to the public to be a practitioner of unlicensed health care practices.

§ 17102. Application

This chapter does not apply to, control, prevent or restrict the practice, service or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal Dietary Supplement Health and Education Act of 1994, 21 United States Code, Section 321(ff), educating customers about those products or explaining the uses of those products. An unlicensed health care practitioner may not provide a medical diagnosis.

§ 17103. Jurisdiction

A health care practitioner licensed or registered by a health-related licensing board under this Title or by the commissioner who engages in unlicensed health care practices while practicing under the practitioner's license or registration is regulated by and is under the jurisdiction of the applicable health-related licensing board with regard to the unlicensed health care practices.

§ 17104. Authorized to practice

Subject to the provisions of this chapter, a person in this State may practice as an unlicensed health care practitioner and receive remuneration for that person's services.

summary

This bill authorizes a person to practice as an unlicensed health care practitioner in this State.

SP0539 LD 1516	First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF		LR 1379 Item 1
	Bill Tracking	Chamber Status

Bill Tracking		Chamber Status
Amendments	Public Hearings & Work Sessions		Committee Information
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Session Information		Legislative Information
Download RTF, PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer