Maine Revised Statutes Title 37-B Sec. 949-G – Provision of volunteer health services or veterinary services; licensee discipline
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1. Applicability of Maine scope of practice laws. Subject to subsections 2 and 3, a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts or other laws of this State.
[PL 2017, c. 396, §5 (NEW).]
Terms Used In Maine Revised Statutes Title 37-B Sec. 949-G
- Emergency: means an event or condition that is an actual or imminent civil emergency or disaster or an actual or threatened epidemic or public health threat that is the subject of an emergency proclamation pursuant to section 742 or an emergency declaration pursuant to Title 22, section 802. See Maine Revised Statutes Title 37-B Sec. 949-A
- Entity: means a person other than an individual. See Maine Revised Statutes Title 37-B Sec. 949-A
- Health practitioner: means an individual licensed under the laws of this State or another state to provide health services or veterinary services. See Maine Revised Statutes Title 37-B Sec. 949-A
- Health services: means the provision of treatment, care, advice or guidance or other services or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
A. See Maine Revised Statutes Title 37-B Sec. 949-AHost entity: means an entity operating in this State that uses volunteer health practitioners to respond to an emergency. See Maine Revised Statutes Title 37-B Sec. 949-A Person: means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 37-B Sec. 949-A Scope of practice: means the extent of the authorization to provide health services or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. See Maine Revised Statutes Title 37-B Sec. 949-A State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States or a Canadian province that is a party to the International Emergency Management Assistance Compact. See Maine Revised Statutes Title 37-B Sec. 949-A Veterinary services: means the provision of treatment, care, advice or guidance or other services or supplies related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including:
A. See Maine Revised Statutes Title 37-B Sec. 949-AVolunteer health practitioner: means a health practitioner who provides health services or veterinary services while an emergency declaration is in effect, whether or not the practitioner receives compensation for those services. See Maine Revised Statutes Title 37-B Sec. 949-A
2. Applicability of scope of practice laws of state where practitioner is licensed. Except as otherwise provided in subsection 3, this chapter does not authorize a volunteer health practitioner to provide services that are outside the practitioner’s scope of practice, even if a similarly licensed practitioner in this State would be permitted to provide the services.
[PL 2017, c. 396, §5 (NEW).]
3. Order modifying or limiting services. The Governor or the Governor’s designee may issue an order that modifies or restricts the health services or veterinary services that volunteer health practitioners may provide pursuant to this chapter. Notwithstanding the Maine Administrative Procedure Act, an order issued pursuant to this subsection may take effect immediately, without notice or comment, and is legally enforceable.
[PL 2017, c. 396, §5 (NEW).]
4. Additional restrictions imposed by host entity. A host entity may restrict the health services or veterinary services that a volunteer health practitioner may provide pursuant to this chapter.
[PL 2017, c. 396, §5 (NEW).]
5. Unauthorized practice. A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification or restriction under this section or that a similarly licensed practitioner in this State would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification or restriction or that a similarly licensed practitioner in this State would not be permitted to provide a service if:
A. The practitioner knows the limitation, modification or restriction exists or that a similarly licensed practitioner in this State would not be permitted to provide the service; or [PL 2017, c. 396, §5 (NEW).]
B. From all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification or restriction exists or that a similarly licensed practitioner in this State would not be permitted to provide the service. [PL 2017, c. 396, §5 (NEW).]
[PL 2017, c. 396, §5 (NEW).]
6. Volunteer health practitioner discipline. In addition to the authority granted by law of this State other than this chapter to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this State:
A. May discipline a health practitioner licensed in this State for conduct outside of this State in response to an out-of-state emergency; [PL 2017, c. 396, §5 (NEW).]
B. May discipline a health practitioner not licensed in this State for conduct in this State in response to an in-state emergency; and [PL 2017, c. 396, §5 (NEW).]
C. Shall report any discipline imposed upon a health practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed. [PL 2017, c. 396, §5 (NEW).]
[PL 2017, c. 396, §5 (NEW).]
7. Factors to be considered by disciplinary authority. In determining whether to impose discipline pursuant to subsection 6, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the health practitioner’s scope of practice, education, training, experience and specialized skill.
[PL 2017, c. 396, §5 (NEW).]
SECTION HISTORY
PL 2017, c. 396, §5 (NEW).