Sec. A-1. 32 MRSA §502, first ¶, as amended by PL 1999, c. 214, §3, is further amended to read:
The board shall meet at least twice each year at such times and places as its chair may designate to consider applications, examine applicants and consider such other business as may properly come before the board. At its first meeting in each calendar year, the board shall elect one of its members as chair for a term of one year and one of its members as secretary to hold office at the pleasure of the board. Special meetings may be called at the pleasure of the chair and, in case of the death or inability of the chair, the secretary may call special meetings. The board shall keep correct records of all proceedings. The chair and secretary are empowered to administer oaths in matters connected with the duties of the board. The records, or duplicates of the records, must be open to inspection and are prima facie evidence of all matters recorded in the records. Four members of the board constitute a quorum for the transaction of business, but a license to practice chiropractic may not be granted except on an affirmative vote of at least 4 members of the board. The board has the power to make and adopt rules and a code of ethics consistent with law necessary for the enforcement of its authority, the performance of its duties and the governing of the practice of chiropractic, but a rule or code of ethics may not be made that is unreasonable or contravenes this chapter. The board shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A, authorizing and governing the use of chiropractic acupuncture by certified licensees. The rules must set forth the requirements for chiropractic acupuncture certification, which must include, but are not limited to, a minimum number of classroom hours of education in acupuncture theory and techniques; a component of supervised clinical acupuncture training or documented clinical acupuncture experience for licensees practicing chiropractic acupuncture prior to April 30, 1999; and instruction in exposure control for blood-borne pathogens and registration as a biomedical waste generator pursuant to Title 38, section 1319-O, subsection 3. Licensees who can prove to the satisfaction of the board that they were engaged in the practice of chiropractic acupuncture prior to April 30, 1999 may continue to practice chiropractic acupuncture but must comply with all of the certification requirements set forth in board rules within 2 years from the adoption of the rules. A person applying for a chiropractic acupuncture certificate shall file an application together with the required fee as set under section 558. In establishing the rules and code of ethics, the board must, in addition to the standards set forth in this chapter, be guided by the following standards setting forth conduct deemed considered unprofessional:
Sec. A-2. 32 MRSA §506, as amended by PL 1995, c. 397, §27, is repealed.
Sec. A-3. 32 MRSA §551, as amended by PL 1993, c. 600, Pt. A, §48, is further amended to read:
§551. Examination and licensure
An individual, before engaging in the practice of chiropractic in this State, shall make submit an application for a license to practice chiropractic to the board on a form prescribed by the board together with the required license fee as set under section 558. The application must be filed with the clerk of the board at least 30 days before the date of examination, together with an application and examination fee. The application fee is not refundable if an application is denied. Each applicant must be at least 18 years of age and present proof of 2 years' satisfactory attendance at a college of liberal arts. A candidate for licensure shall present a transcript from an accredited college or university certifying that the candidate has completed 2 years of preprofessional work, 2 subjects of which must be English and biology, or otherwise satisfy the members of the board that the candidate has acquired sufficient prior academic education. The applicant shall present a diploma granted by a legally chartered chiropractic college, school or university in good standing and having the power to confer degrees in chiropractic, which diploma must show that it was granted on personal attendance of the applicant and completion of a course of 4 school years of not less than 8 months each and of a total of 4,400 60-minute school hours. If an applicant matriculated in a chiropractic college on or after January 1, 1984, the diploma must show that it was granted by a chiropractic college accredited by a chiropractic educational accrediting agency approved by the United States Department of Education or its successor agency or, if no accrediting agency exists, approved by the board, or the applicant must have evidence of having successfully passed a licensing procedure from another state having similar requirements. If an applicant matriculated in a chiropractic college before January 1, 1984, the diploma must show that it was granted by a chiropractic college accredited as set out in this section, or the applicant must present evidence of having become a diplomat of the National Board of Chiropractic Examiners or of having successfully passed a licensing procedure from another state having similar requirements. Each applicant must shall present a certificate of good moral character signed by a reputable individual and any other reasonable and proper facts the board may require in its application form.
Sec. A-4. 32 MRSA §552, as amended by PL 1993, c. 600, Pt. A, §49, is further amended to read:
§552. Examination of applicants; subjects included; license; endorsement
The board applicant shall require the applicant to submit to an application for examination that demonstrates qualifications for the practice of chiropractic together with the required examination fee as set under section 558. The examination must include the subjects of anatomy, physiology, symptomatology, hygiene, sanitation, chemistry, pathology, electrotherapy, hydrotherapy, dietetics, bacteriology, chiropractic analysis, the principles and practice of chiropractic as taught in reputable chiropractic schools and colleges and any other subjects the board determines necessary. If the examination is passed in a manner satisfactory to the board, the board shall issue, upon payment of the required license fee as set under section 558, to the applicant a license granting that individual the right to practice chiropractic in this State.
An individual licensed by a chiropractic board of any other state or territory having a standard equal to that of this State may be licensed without examination upon the payment of a fee of $225 and submission of a chiropractic diploma and proof of licensure in that other state. The board may, in its discretion, require an examination of the applicant.
The board may waive the examination requirements and grant a license to any applicant who presents proof of being licensed to practice in another jurisdiction of the United States or another country whose licensing requirements are considered by the board to be substantially equivalent to or higher than those set forth in this chapter, if no cause exists for denial of a license under section 503-A. The applicant shall pay the required license fee as set under section 558.
Sec. A-5. 32 MRSA §553-A, as amended by PL 1999, c. 386, Pt. E, §1, is further amended to read:
§553-A. Licenses renewal procedure; continuing education
1. Renewal procedure. The board shall notify every licensed chiropractor of the expiration date of the chiropractic license and indicate the amount of the fee required for biennial renewal. Notice must be mailed to each licensee's last known address at least 30 days before the expiration date of that license. A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A renewal license must be issued for each ensuing licensing period in the absence of any reason or condition that might warrant the refusal to grant a license, upon receipt by the board of the written request of the applicant and the required fee for the license as set under section 558 and upon the applicant's presenting evidence of compliance with the requirements of subsection 2. An expired license may be reissued up to 90 days after the date of expiration upon payment of a late fee of $10 as set under section 558 in addition to the a renewal fee as set under section 558. An individual who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, including a renewal fee, late fee and filing fee as set under section 558, except that the board may, in its discretion and giving due consideration to the protection of the public, waive examination if that renewal application is made within 2 years from the date of that expiration. The board may assess penalty fees for late renewals.
2. Continuing education. The board shall require applicants for license renewal to submit evidence of satisfactory completion of continuing education in accordance with rules adopted by the board.
3. Fees. Fees are established as follows:
A. For the application, an amount set by the board not to exceed $75;
B. For the examination, an amount set by the board not to exceed $75;
C. For the initial license, an amount set by the board but no more than $225; and
D. For the license renewal, biennially, an amount set by the board but no more than $225.
All fees received by the board must be paid to the Treasurer of State and used to carry out this chapter. Any balance of these fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following years.
4. Continuing education program approval. Each application for approval of a continuing education program or course must be submitted according to rules adopted by board, together with a required fee as set under section 558.
Sec. A-6. 32 MRSA §556, as amended by PL 1993, c. 600, Pt. A, §52, is further amended to read:
An individual may not render ancillary services under section 555 until that individual has applied for and obtained been approved and issued a certificate of qualification or a temporary certificate issued by the board, which must be renewed biennially either of which is renewable. The applicant must pay a required certification fee as set under section 558. The board shall adopt rules regarding the training and certification of individuals permitted to render ancillary services under section 555.
Sec. A-7. 32 MRSA §558, as amended by PL 1995, c. 502, Pt. H, §23, is repealed and the following enacted in its place:
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 $300. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. All fees received by the board must be paid to the Treasurer of State and used to carry out this chapter. Any balance of these fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following years.
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