Maine Code § 32-18323

Powers and duties of the board
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The board has the following powers and duties in addition to all other powers and duties imposed
by this chapter: [PL 2015, c. 429, §21 (NEW).]
1. Hearings and procedures.
[PL 2023, c. 17, Pt. P, §10 (RP).]
2. Complaints.
[PL 2023, c. 17, Pt. P, §11 (RP).]

3. Fees.
[PL 2023, c. 17, Pt. P, §12 (RP).]
4. Budget.
[PL 2023, c. 17, Pt. P, §13 (RP).]
5. Adequacy of budget, fees and staffing.
[PL 2023, c. 17, Pt. P, §14 (RP).]
6. Executive director; duties.
[PL 2023, c. 17, Pt. P, §15 (RP).]
7. Authority to delegate.
[PL 2023, c. 17, Pt. P, §16 (RP).]
8. Protocols for professional review committee. The authority to establish protocols for the
operation of a professional review committee as defined in Title 24, section 2502, subsection 4-A. The
protocols must include the committee reporting information the board considers appropriate regarding
reports received, contracts or investigations made and the disposition of each report, as long as the
committee is not required to disclose any personally identifiable information. The protocols may not
prohibit an impaired licensee under this chapter from seeking alternative forms of treatment; and
[PL 2015, c. 429, §21 (NEW).]
9. Authority to order a mental or physical examination. The authority to direct a licensee, who
by virtue of an application for and acceptance of a license to practice under this chapter is considered
to have given consent, to submit to an examination whenever the board determines the licensee may be
suffering from a mental illness or physical illness that may be interfering with competent practice under
this chapter or from the use of intoxicants or drugs to an extent that prevents the licensee from practicing
competently and with safety to patients. A licensee examined pursuant to an order of the board may
not prevent the testimony of the examining individual or prevent the acceptance into evidence of the
report of an examining individual. The board may petition the District Court for immediate suspension
of a license if the licensee fails to comply with an order of the board to submit to a mental or physical
examination pursuant to this subsection.
[PL 2015, c. 429, §21 (NEW).]
10. Subpoena authority. In addition to the powers under Title 10, section 8003, subsection 5-A,
the power to issue subpoenas in accordance with the terms of Title 5, section 9060, except that the
authority applies to any stage of an investigation and is not limited to an adjudicatory proceeding.
[PL 2023, c. 17, Pt. P, §17 (NEW).]
11. Assessment of costs. When there is a finding of a violation, the power to assess the licensee
for all or part of the actual expenses incurred by the board or its agents for investigations and
enforcement duties performed. For the purposes of this subsection, "actual expenses" includes, but is
not limited to, travel expenses and the proportionate part of the salaries and other expenses of
investigators or inspectors, hourly costs of hearing officers, costs associated with record retrieval and
the costs of transcribing or reproducing the administrative record.
The board, as soon as feasible after a finding of a violation, shall give the licensee notice of the
assessment. The licensee shall pay the assessment in the time specified by the board, which may not be
less than 30 days after notice of the assessment.
[PL 2023, c. 17, Pt. P, §18 (NEW).]

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