Public Law, Chapter 402, Part P, 123rd Legislature, First Regular Session

Chapter 402 S.P. 659 - L.D. 1842

PART P

Sec. P-1. 32 MRSA §3552, sub-§3, as enacted by PL 1993, c. 600, Pt. A, §230 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

3. Penalty. A person who practices podiatric medicine in violation of subsection 1 commits a Class E crime violates subsection 1 is subject to Title 10, section 8003-C. 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.

Sec. P-2. 32 MRSA §3601, as amended by PL 1993, c. 600, Pt. A, §234, is further amended to read:

§ 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 public member as defined in Title 5, section 12004-A. 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 Title 10, section 60 8009.

Sec. P-3. 32 MRSA §3602, as amended by PL 1993, c. 600, Pt. A, §235, is further amended to read:

§ 3602. Meetings; chair; quorum

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 meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. 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.

Sec. P-4. 32 MRSA §3604, as repealed and replaced by PL 1995, c. 462, Pt. A, §62, is repealed.

Sec. P-5. 32 MRSA §3605-B, sub-§4, as enacted by PL 1993, c. 600, Pt. A, §239, is repealed.

Sec. P-6. 32 MRSA §3605-B, sub-§6, as enacted by PL 1993, c. 600, Pt. A, §239, is repealed.

Sec. P-7. 32 MRSA §3651-A, sub-§1, as amended by PL 1993, c. 600, Pt. A, §242 and affected by §243, is further amended to read:

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 or other organization approved by the board.

Sec. P-8. 32 MRSA §3651-A, sub-§2, ¶A, as amended by PL 1993, c. 600, Pt. A, §242 and affected by §243, is further amended to read:

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.

Sec. P-9. 32 MRSA §3651-B, as enacted by PL 1993, c. 600, Pt. A, §244, is repealed.

Sec. P-10. 32 MRSA §3651-C is enacted to read:

§ 3651-C. Examination; requirements

Except as otherwise provided in this chapter, an individual must pass an examination approved by the board before engaging in the practice of podiatry. An applicant shall submit an application for a license to practice podiatry containing satisfactory proof that the applicant:

1. Minimum age. Is at least 18 years of age;

2. Graduation. 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 successor or other organization approved by the board; and

3. Examination. Has passed an examination approved by the board.

Sec. P-11. 32 MRSA §3652, as amended by PL 1999, c. 685, §12, is further amended to read:

§ 3652. Fees; reexamination; license renewal

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 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 2-A.

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 as set under this section plus actual cost costs 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.

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 or at such other time as the Commissioner of Professional and Financial Regulation may designate, to the board for a license renewal on a form furnished by the board and pay a the renewal fee as set under this section.

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.

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 as set under this section. 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, renewal fee and additional late fee as set under this section, 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.

Sec. P-12. 32 MRSA §3654, as amended by PL 1999, c. 685, §13, is further amended to read:

§ 3654. Reciprocity; endorsement; residency requirement

Beginning July 1, 1995, the 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 the application fee and a license fee as set under section 3652.

Sec. P-13. 32 MRSA §3655-A, as amended by PL 1993, c. 600, Pt. A, §248 and PL 1999, c. 547, Pt. B, §68 and affected by §80, is repealed.

Sec. P-14. 32 MRSA §3656 is enacted to read:

§ 3656. Denial or refusal to renew license; disciplinary action; informal conference

In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:

1. Habitual substance abuse. Habitual substance abuse that has resulted or is foreseeably likely to result in the applicant or licensee performing services in a manner that endangers the health or safety of the licensee's patients;

2. Mental or physical condition. A professional diagnosis of a mental or physical condition that has resulted or may result in the applicant or licensee performing services in a manner that endangers the health or safety of the podiatrist's patients;

3. False advertising. Engaging in false, misleading or deceptive advertising; or

4. Unlawful prescription of controlled substance. Prescribing narcotic or hypnotic or other drugs listed as controlled substances by the federal Drug Enforcement Administration for other than accepted therapeutic purposes.

If the factual basis of a complaint that has been filed 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.

Public Laws

123rd Legislature

First Regular Session

Chapter 402

S.P. 659 - L.D. 1842