Chapter 402
S.P. 659 - L.D. 1842
PART L
Sec. L-1. 32 MRSA §2273, as amended by PL 1995, c. 397, §43, is further amended to read:
1. Establishment and membership.
There is established within the Department of Professional and Financial Regulation department, in accordance with Title 5, section 12004-A, subsection 26, a Board of Occupational Therapy Practice. The board shall consist consists of 5 members appointed by the Governor. Appointments of members must comply with Title 10, section 8009. The persons appointed to the board, other than the public member, must have been engaged in rendering occupational therapy services to the public, teaching or research in occupational therapy for at least 2 years immediately preceding their appointments. At least 3 board members shall must be occupational therapists. The 4th member shall must be either an occupational therapist or an occupational therapy assistant, if available. These members shall at all times be holders of valid licenses for the practice of occupational therapy in the State, except for the members of the first board, all of whom shall fulfill the requirements for licensure of this chapter. The remaining member shall must be a representative of the public member as defined in Title 5, section 12004-A. A member of the board may be removed from office for cause by the Governor.
2. Terms of appointment.
The Governor, within 60 days following the effective date of this chapter, shall appoint 2 board members for a term of one year, 2 for a term of 2 years and one for a term of 3 years. Appointments made after the initial appointments are for 3-year terms. Terms begin on the first day of the calendar year and end on the last day of the calendar year, except for the first appointed members who serve through the last calendar day of the year in which they are appointed. Appointments of members must comply with section 60. A member of the board may be removed from office for cause by the Governor.
3. Meetings; chair; quorum.
The board shall meet during the first month of each calendar year to select a chairman and for other purposes at least once a year to conduct its business and to elect a chair. At least one additional meeting shall Additional meetings must be held before the end of each calendar year. Other meetings as necessary and may be convened at the call of the chairman or the written request of any 2 board members. A chair or a majority of the members of the board shall constitute a quorum for all purposes. Three members of the board constitute a quorum.
Sec. L-2. 32 MRSA §2274, as amended by PL 1995, c. 397, §44, is further amended to read:
1. Powers.
The board shall administer and enforce this chapter and evaluate the qualifications of applicants for licensure. The board may issue subpoenas, examine witnesses, administer oaths and may investigate or cause to be investigated any complaints made to it or any cases of noncompliance with or violation of this chapter.
2. Rules.
The board may adopt, in accordance with the Maine Adminstrative Administrative Procedure Act, Title 5, chapter 375, rules relating to professional conduct to carry out the policy of this chapter, including, but not limited to, rules relating to professional licensure and to the establishment of ethical standards of practice for persons holding a license to practice occupational therapy in this State.
3. Hearings.
Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter.
4. Records.
The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions.
6. Reports.
No later than August 1st of each year, the board shall submit to the commissioner, for the preceding fiscal year ending June 30th, its annual report of its operations and financial position, together with such comments and recommendations as the commissioner deems essential.
Sec. L-3. 32 MRSA §2275, as amended by PL 1995, c. 397, §§45 and 46, is repealed.
Sec. L-4. 32 MRSA §2276, sub-§3, as amended by PL 2003, c. 452, Pt. R, §4 and affected by Pt. X, §2, is further amended to read:
3. Unlicensed practice.
A person who violates this section commits a Class E crime. Violation of this is subject to the provisions of Title 10, section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A 8003-C. The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.
Sec. L-5. 32 MRSA §2279, as amended by PL 1997, c. 683, Pt. B, §§19 and 20, is further amended to read:
An applicant applying for a license as an occupational therapy practitioner must file a written application , provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements.
1. Residence.
An applicant need not be a resident of this State.
2-A. Character references.
An applicant must submit 2 completed character reference forms acceptable to the board.
3. Education.
An applicant must present evidence satisfactory to the board of having successfully completed the academic and fieldwork requirements of an educational program in occupational therapy or occupational therapy assisting.A. The occupational therapy or occupational therapy assisting educational program must be accredited by ACOTE.
5. Examination.
An applicant for licensure as an occupational therapy practitioner must pass an examination as provided for in section 2280-A.
6. Licensure.
An applicant may be licensed as an occupational therapist if the applicant has practiced as an occupational therapy assistant for 4 years, has completed the level II fieldwork requirements for an occupational therapist before January 1, 1988, and has passed the examination for occupational therapists.
7. Certification.
An applicant must submit a verification of certification form from NBCOT. The form must be completed and signed by NBCOT. An applicant applying within 3 months of having taken the certification examination who has the examination scores sent directly to the board is exempt from this requirement.
8. Fee.
An applicant must pay an application fee and license fee as set under section 2285.
Sec. L-6. 32 MRSA §2280-A, first ¶, as enacted by PL 1997, c. 294, §8, is amended to read:
The certification examination of NBCOT for the occupational therapist or occupational therapy assistant satisfies examination requirements of the board. The certification examination of NBCOT for the occupational therapist or occupational therapy assistant satisfies examination requirements of the board.
Sec. L-7. 32 MRSA §2282, as enacted by PL 1983, c. 746, §2, is amended to read:
The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed license fee as set under section 2285.
Sec. L-8. 32 MRSA §2283, sub-§1, as amended by PL 1997, c. 294, §10, is repealed and the following enacted in its place:
1. Renewal.
A license renewal fee as set under section 2285 must be paid by the licensee. Licenses issued under this chapter are subject to renewal and expire on the stated expiration date as determined by the commissioner. Any license not renewed by the designated renewal date automatically expires. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set under section 2285. Any person who submits an application for renewal more than 90 days after the date of expiration is subject to all requirements governing new applicants under this chapter, except that the board, giving due consideration to the protection of the public, may waive examination if that renewal application is received, together with the late fee and renewal fee, within 2 years from the date of the expiration.
Sec. L-9. 32 MRSA §2284, sub-§5, as enacted by PL 1997, c. 294, §11, is amended to read:
5. Fee.
Applicants must pay the application and license fees according to this chapter as set under section 2285.
Sec. L-10. 32 MRSA §2285, as amended by PL 1997, c. 294, §13, is repealed and the following enacted in its place:
The Director of the Office of Licensing and Registration within the department 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 $120. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. L-11. 32 MRSA §2286, sub-§1, as enacted by PL 1983, c. 746, §2, is repealed.
Sec. L-12. 32 MRSA §2286, sub-§2, as amended by PL 1997, c. 294, §14 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
2. Disciplinary action.
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 any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.