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AGENCY UMBRELLA-UNIT NUMBER: 02-502
AGENCY NAME: Department of Professional & Financial Regulation, Office of Licensing & Registration, Board of Complementary Health Care Providers

CONTACT PERSON: Geraldine L. Betts, Board Administrator, 35 State House Station, Augusta, ME 04333, tel. (207) 624-8625

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY: The recent enactment of Legislative Document 263 "An Act to Define a Scope of Practice for Acupuncture" will require the Board to review current rules and amend those rules that are affected. The Board will set standards specifying the training required for licensed acupuncturists to obtain the certification for custom-made Chinese herbal formulation. The Board may also consider reviewing and updating rules for prescribing noncontrolled legend drugs by naturopathic doctors, and standards for collaborative relationships between a licensed allopathic or osteopathic physician and the naturopathic doctor. The Board may further consider amending the requirements for continuing education for acupuncturists and naturopathic doctors. Outdated or duplicative rules that may exist in the Board's current rules will be repealed as may be necessary.

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A. §12503
PURPOSE: Clarifies and defines terms used throughout the Board's rules. The Board may review this chapter for conformance with statutes and make updates as may be necessary.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 2: General Provisions
STATUTORY AUTHORITY: 32 M.R.S.A. §12503
PURPOSE: The chapter contains provisions describing the conduct of meetings and hearings, acting on requests for advisory rulings, complaint and investigation procedures and record keeping. The Board may review this chapter for conformance with statutes and make updates as may be necessary.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 3: Licensure Requirement for Acupuncturists
STATUTORY AUTHORITY: 32 M.R.S.A. §§12503 (B) and (D) and 12512
PURPOSE: The chapter establishes requirements for issuance of a license to practice acupuncture, including application, education, experience, and references. The Board may review this chapter for conformance with statutes and make updates as may be necessary.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: License applicants
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 4: Licensure Requirement for Naturopathic Doctors
STATUTORY AUTHORITY: 32 M.R.S.A. §12525
PURPOSE: The chapter establishes requirements for issuance of a license to practice naturopathy, including application, education, experience, and references. The Board may review this chapter for conformance with statutes and make updates as may be necessary.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: License applicants
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 5: Standards for Continuing Professional Education for Acupuncture and Naturopathic Doctors
STATUTORY AUTHORITY: 32 M.R.S.A. §12526
PURPOSE: The chapter states the requirements for continuing education as required for acupuncturists and naturopathic doctors. The Board may need to amend this chapter to conform to recently adopted rules by the Office of Licensing and Registration on substantiation of continuing education by licensed practitioners.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 6: Standards Relating to Prescriptive Authorities and Collaborative Relationships
STATUTORY AUTHORITY: 32 M.R.S.A. §§12503(1)(A & B), and 12506
PURPOSE: The formulary listing may be subject to updates and/or revisions based on federal or state standards with regard to noncontrolled legend drugs which may be prescribed according to 32 M.R.S.A. §12522.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 7: Enforcement and Disciplinary Procedures
STATUTORY AUTHORITY: 32 M.R.S.A. §12503
PURPOSE: Establishes the enforcement and disciplinary procedures, including grounds for discipline and clarification of terms. The Board may review this chapter for conformance with current statutes and make changes as needed.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

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