CHAPTER 666
S.P. 97 - L.D. 263
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §12501, sub-§1, as enacted by PL 1995, c. 671, §13, is amended to read:
1. Acupuncture. "Acupuncture" means the insertion of fine metal needles through the skin at specific points on or near the surface of the body with or without the palpitation palpation of specific points on the body and with or without the application of electric current or heat to the needles or skin, or both. The practice of acupuncture is based on traditional oriental theories and serves to normalize physiological function, treat certain diseases and dysfunctions of the body, prevent or modify the perception of pain and promote health and well-being.
Sec. 2. 32 MRSA §12503, sub-§1, ¶C, as enacted by PL 1995, c. 671, §13, is repealed.
Sec. 3. 32 MRSA §12513-A is enacted to read:
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Chinese patent remedies" means patent remedies used in accordance with traditional Chinese, Japanese and Korean herbal literature.
B. "Chinese premade herbal remedies" means premade herbal remedies used in accordance with traditional Chinese, Japanese and Korean herbal literature.
C. "Custom-made Chinese herbal formulations" means custom-made herbal formulations used in accordance with traditional Chinese, Japanese and Korean herbal literature.
2. Scope of practice. The scope of practice of acupuncturists includes acupuncture and the allied techniques and modalities of the distinct system of health care that use oriental principles to diagnose and treat illness, injury, pain and other conditions by regulating the flow and balance of energy to restore and maintain health. These allied techniques and modalities include the following, as defined by and used exclusively in accordance with the traditions and formal curricula taught in accredited colleges of acupuncture: oriental diagnostic procedures; electrical and magnetic stimulation; moxibustion and other forms of heat therapy; sound, light and vibrational therapy; cupping techniques and gua sha; recommendation and dispensing of Chinese patent remedies or Chinese premade herbal remedies and lifestyle and dietary counseling; formulation and dispensing of custom-made Chinese herbal formulations, to the extent that an acupuncturist has received additional certification pursuant to subsection 3; sotai; shiatsu; qi gong; zero balancing; tui na; and acupressure. These techniques and modalities do not include manipulation or mobilization of the skeletal articulations of the human body.
3. Additional certification. Certification is required for licensed acupuncturists to practice the formulation and dispensing of custom-made Chinese herbal formulations. "Formulation" means the preparation of traditional combinations of herbs to produce formulas from Chinese herbal literature, the modification of such traditional combinations or the writing of new formulas to address individual symptom presentations, through addition, deletion, substitution or change in dosages of ingredients and the dispensing of these herbal preparations to patients.
A. The board shall adopt rules specifying the training required for licensed acupuncturists to obtain the certification for custom-made Chinese herbal formulation. These requirements must include a minimum number of hours of combined classroom and clinical training or, for those licensed acupuncturists practicing custom-made Chinese herbal formulation prior to July 1, 2004, prior experience demonstrated by evidence satisfactory to the board. Rules adopted by the board in accordance with this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
B. A licensed acupuncturist who can prove to the satisfaction of the board that the licensed acupuncturist was engaged in the practice of custom-made Chinese herbal formulation prior to July 1, 2004 may continue to practice that modality but must, no later than 2 years after the board adopts rules providing certification requirements in accordance with paragraph A, comply with those rules.
C. A licensed acupuncturist who can prove to the satisfaction of the board that the licensed acupuncturist has been duly licensed or certified to practice custom-made Chinese herbal formulation by the licensing authority of another state may continue to practice that modality, except that the board may require that the licensee complete additional training consistent with its rules within 3 years if the board finds that the standards applied in the state in which the licensed acupuncturist was certified or licensed are less stringent than those adopted in the board's rules.
4. Practice by other persons. The listing of allied techniques and modalities in subsection 2, including acupressure and qi gong, may not be construed to require any person who practices the same or similar techniques or modalities to obtain a license as an acupuncturist under section 12511 and may not be construed to limit, interfere with or prevent any licensed person from practicing the same or similar techniques and modalities within the scope of that person's license, whether or not the defined scope of that license contains specific lists of techniques or modalities.
Sec. 4. 32 MRSA §12514, as amended by PL 1999, c. 386, Pt. T, §1, is repealed.
Sec. 5. 32 MRSA §12514-A is enacted to read:
The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any application may not exceed $200, the fee for initial and renewal licensure may not exceed $675 annually and the fee for initial and renewal certification in custom-made Chinese herbal formulation may not exceed $200 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 6. 32 MRSA §12516, as enacted by PL 1995, c. 671, §13, is amended to read:
§12516. Application for renewal
1. Requirements. Prior to the expiration of a license, a licensee may make an application for renewal upon payment of an the required annual renewal fee, which may not exceed the initial licensure fee, established under section 12514-A and upon satisfactory demonstration of completion of continuing education requirements adopted by the board as a condition of renewal. It is not a condition of renewal that an applicant who qualified for licensure as a licensed registered nurse continue to be licensed as a registered nurse.
2. Late renewal. An application for renewal may be made no earlier than 30 days prior to the date of expiration. An application made no more than 90 days past the date of expiration of a license must include a $10 late fee in addition to the renewal fee. An application received more than 90 days past the expiration date is subject to all requirements covering new applicants under this chapter.
Sec. 7. 32 MRSA §12525, sub-§1, ¶E, as enacted by PL 1995, c. 671, §13, is amended to read:
E. File an application and pay the licensing fees established under section 12526.
Sec. 8. 32 MRSA §12525, sub-§3, ¶A, as enacted by PL 1995, c. 671, §13, is amended to read:
A. Submitted an application and a certification fee to be determined by the board established under section 12526;
Sec. 9. 32 MRSA §12526, sub-§1, as amended by PL 1999, c. 257, §7, is repealed and the following enacted in its place:
1. Fees. The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any application may not exceed $200, the fee for initial and renewal licensure may not exceed $675 annually and the fee for initial and renewal specialty certification may not exceed $50 annually. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 10. 32 MRSA §12526, sub-§2, as enacted by PL 1995, c. 671, §13, is amended to read:
2. Renewal. A license to practice naturopathic medicine and a specialty certification must be renewed annually and be accompanied by the required renewal fee established in subsection 1. The annual license renewal fee established by the board in an amount not to exceed the initial licensing fee must accompany the application for renewal. A specialty certification must be renewed annually. The specialty certification fee must accompany the application for renewal.
Effective July 30, 2004, unless otherwise indicated.
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