Physician Assistants: State Laws and Regulations 13 Edition ...

Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
Maine
The information contained in this summary is paraphrased and accurate as of January 1, 2013. This document
is intended for background purposes only. For a complete and current version of the statutes and regulations,
AAPA encourages you to visit the state’s legislative and regulatory website.

MAINE STATUTE
Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
STATUTE
Maine Revised Statutes, Title 32, §§3270-A thru -D; §3282-A
DATE
Enacted 1973
REGULATORY BODY
Maine Board of Licensure in Medicine
PA DEFINED
[See regulation]
SCOPE OF PRACTICE
This chapter may not be construed to prohibit an individual from rendering medical services, if services are rendered under
the supervision and control of a physician or surgeon, provided that the individual has satisfactorily completed a training
program and competency exam approved by the board. When delegated activities are part of practice of optometry, then
person to whom such activities are delegated shall possess valid license to practice optometry; otherwise shall perform only
as a technician within the established office of a physician.
ME. REV. STAT. tit. 32, §3270-A
PRESCRIBING/DISPENSING
[See regulation]
SUPERVISION
Supervision and control shall not be construed as requiring the personal presence of the supervising physician at the place
where such services are rendered, unless such physical presence is necessary to provide patient care of same quality as
provided by the physician.
ME. REV. STAT. tit. 32, §3270-A
CHART CO-SIGNATURE
No provision
PAs PER PHYSICIAN
No provision
APPLICATION
PA applies for a license and for a certificate of registration. All applications for certificate of registration shall be
accompanied by an application by proposed supervising physician with statement that he assumes responsibility for all
PA’s medical activities.
ME. REV. STAT. tit. 32, §3270-B
QUALIFICATIONS
Successful completion of training program approved by board
Successful completion of a competency exam determined by board
ME. REV. STAT. tit. 32, §3270-A
TEMPORARY/NEW GRADUATE PERMIT
Board authorized to promulgate rules and regulations governing the issuance of temporary PA certification and equivalency
training eligibility for registration of PA trainees.
ME. REV. STAT. tit. 32, §3270-B(5)

Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
BOARD NOTIFICATION
[See regulation]
CONTINUING EDUCATION
Board authorized to promulgate rules and regulations concerning continuing education requirements as precondition to
continued licensure or licensure renewal.
ME. REV. STAT. tit. 32, §3270-B(7)
TITLE/PRACTICE PROTECTION
No PA shall be permitted to practice until he has applied for and obtained a license issued by board and a certificate of
registration which must be renewed biennially.
ME. REV. STAT. tit. 32, §3270-B
IDENTIFICATION
[See regulation]
PHYSICIAN LIABILITY
Physician delegating such activities, either to his employees, program graduates or participants in an approved training
program, shall be deemed legally liable for such activities of such persons, and such persons shall in this relationship be
construed as the physician’s agent.
ME. REV. STAT. tit. 32, §3270-A
FEE/RENEWAL SCHEDULE
License must be renewed biennially
$250 limit on original PA application fee
$100 limit on initial application by supervising physician
$50 limit on transfer of registration by PA from one supervising physician to another
$250 limit on PA biennial license renewal fee
ME. REV. STAT. tit. 32, §3270-B
PROGRAM APPROVAL
[See regulation]
BOARD REPRESENTATION/ADVISORY COMMITTEE
Board authorized to promulgate rules and regulations regarding appointment of advisory committee for continuing review
of PA program and rules and regulations.
ME. REV. STAT. tit. 32, §3270-B(6)
BOARD POWERS
Board authorized to promulgate rules and regulations regarding applications; qualifications of PAs, supervising physicians;
methods and conditions under which PA may perform medical services; temporary eligibility; advisory committee;
continuing education; fees.
ME. REV. STAT. tit. 32, §3270-B
DISCIPLINARY POWERS
Refuse to issue license, modify, restrict, suspend, revoke or refuse to renew license.
ME. REV. STAT. tit. 32, §3282-A
VIOLATIONS/PENALTY
Grounds for disciplinary action:
Fraud or deceit in obtaining license
Habitual substance abuse that endangers the health or safety of patients
A professional diagnosis of mental or physical condition that could affect health or safety of patients
Aiding or abetting the unlicensed practice of medicine
Incompetence in practice

Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
Unprofessional conduct, disruptive behavior
Conviction of a crime that involves dishonesty or relates directly to the practice for which the licensee is licensed,
or conviction of a crime for which incarceration of one year or more may be imposed
Violation of this chapter or rule of the board
False, misleading or deceptive advertising
Prescribing narcotic, hypnotic, or other drugs listed as controlled substances for purposes other than accepted
therapeutic purposes
Failure to report to the board an impaired physician, unless that physician is a patient of the licensee
Failure to comply with required informed consent procedures for primary care for breast cancer
Action against the licensee’s license in another jurisdiction
ME. REV. STAT. tit. 32, §3282-A
PAYMENT FOR SERVICES
No provision
GRANDFATHER CLAUSE
No provision
STUDENTS
[See regulation]

Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
MAINE REGULATIONS
REGULATIONS
Code of Maine Rules 02-373, Chapter 2 Physician Assistants
DATE
Revised 8/06
REGULATORY BODY
Maine Board of Licensure in Medicine; Physician Assistant Advisory Committee
PA DEFINED
Person who is a graduate of PA program accredited by CAHEA or CAAHEP or its successor, and/or who has passed
NCCPA or its successor’s exam.
02-373-2 ME. CODE R. §1(G)
SCOPE OF PRACTICE
PAs practice medicine with physician supervision. PA may perform medical activities which have been delegated by a
supervising physician. Such activities may include ordering diagnostic, therapeutic and other medical services and the
performance of tasks that are not routinely within the scope of practice or regularly performed by the supervising physician
so long as the supervising physician has adequate training, oversight skills and supervisory and referral arrangements to
ensure competent provision of services by PA. PA may perform medical activities only in settings in which supervising
physician agrees to provide supervision.
02-373-2 ME. CODE R. §6
PRESCRIBING/DISPENSING
Delegated duties may include prescribing and dispensing of drugs and services to the extent permitted by state and federal
law. Includes Schedule III-V controlled substances and all legend drugs. PA and primary supervising physician may request
individual consideration for authorization to prescribe Schedule II drugs under specific individual guidelines. PAs may
request, receive, sign for, and distribute professional samples to patients.
02-373-2 ME. CODE R. §6(A)(2)
SUPERVISION
Supervision means overseeing and accepting responsibility and liability for medical activities delegated by physician to PA.
02-373-2 ME. CODE R. §1
Supervision shall be continuous but does not require physical presence of supervising physician at time and place services
rendered.
PA is responsible for ensuring that relationship and access to supervising physician is defined.
PA and supervising physician must have on file in the practice a written dated plan of supervision with specific practice
descriptions and outline of supervision. Must be updated at least at time of PA license renewal and copy must be submitted
to board with renewal application. Must be signed by PA and primary supervising physician. If PA to be supervised by
secondary supervising physician, secondary supervising physician must accept delegation of supervision in writing. Plan of
supervision must be available to board member or authorized person on demand. Board may require amendment of the plan
for purpose of ensuring public safety.
02-373-2 ME. CODE R. §7
CHART CO-SIGNATURE
No provision

Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
PAs PER PHYSICIAN
No provision
APPLICATION
PA applies for license and for certificate of registration on board forms.
02-373-2 ME. CODE R. §2
Physician with active license submits statement to board that licensee will oversee and accept responsibility for PA.
Physician submits affidavit that written plan of supervision is on file in practice setting.
02-373-2 ME. CODE R. §7
QUALIFICATIONS
For PA license:
Completion of PA program accredited by CAHEA, CAAHEP or successor; and/or
Successful passage of NCCPA exam
No current disciplinary actions against PA license in other jurisdictions
Passage of board’s jurisprudence exam
Application must contain statement from supervising physician agreeing to supervise PA. Written plan of supervision must
be on file in the practice. Both license and certificate of registration required to practice.
02-373-2 ME. CODE R. §2
TEMPORARY/NEW GRADUATE PERMIT
Temporary license may be granted to applicant who meets other qualifications except that applicant has not yet taken the
certifying exam or the applicant has taken exam and is awaiting results. Temporary license valid for 18 months or until the
results of exam known and board makes final decision on applicant’s request for licensure. May be extended for up to 1
year.
02-373-2 ME. CODE R. §3
BOARD NOTIFICATION
PA must notify board of any changes in supervising physician(s) within 14 days.
CONTINUING EDUCATION
100 hours in each biennial renewal period. At least 40 hours must be Category I.
02-373-2 ME. CODE R. §9
02-373-2 ME. CODE R. §12
TITLE/PRACTICE PROTECTION
An individual must be granted a license and a certificate of registration by the board before the individual may practice as a
PA.
02-373-2 ME. CODE R. §2
IDENTIFICATION
Licensed PAs must keep license available for inspection at primary place of business and must wear name tag identifying
themselves as a physician assistant.
02-373-2 ME. CODE R. §13
PHYSICIAN LIABILITY
If PA employed by physician or group, PA must still be supervised by an approved primary or secondary supervising
physician. Liability for PA’s medical activities remain that of the supervising physician. If PA employed by organized
health care delivery system, nothing limits the liability of the organized health care delivery system. In such system, PA
must still be supervised by an approved supervising physician.
02-373-2 ME. CODE R. §8

Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
FEE/RENEWAL SCHEDULE
Biennial license renewal on or before March 1. Must pay fee, complete forms, demonstrate compliance with CME
requirements, submit copy of current plan of supervision for each work site.
02-373-2 ME. CODE R. §4(C)
PROGRAM APPROVAL
Board accepts programs accredited by CAHEA, CAAHEP or successor organizations.
02-373-2 ME. CODE R. §2(A)(3)
BOARD REPRESENTATION/ADVISORY COMMITTEE
Board shall appoint a PA advisory committee that includes at least 2 PAs and 2 licensed physicians. Board may also
appoint board members and its executive director, as it deems appropriate. Duties of the committee shall be to review all
matters pertaining to PAs and the supervision of PAs which the board asks the committee to consider. Committee may also
make recommendations to board and consider other matters upon its own motion. Board elects its chair; may not be a
regular member of the board. Committee meets at least semi-annually.
02-373-2 ME. CODE R. §14
BOARD POWERS
Duties of the PA advisory committee shall include:
reviewing all matters pertaining to PAs and the supervision of PAs, as requested by the board
rendering to the board recommendations for action
considering matters upon its own motions
02-373-2 ME. CODE R. §14
DISCIPLINARY POWERS
The board has jurisdiction to take disciplinary action against licensees, and may discipline any licensee whose actions or
behavior falls within the violations described in statute.
02-373-2 ME. CODE R. §11
VIOLATIONS/PENALTY
[See statute]
PAYMENT FOR SERVICES
No provision
GRANDFATHER CLAUSE
No provision
STUDENTS
PA students shall perform medical services in Maine only for the purpose of fulfilling the requirements of an approved
training program. Board must be informed in writing before PA student performs medical services; limit 1 year without
renewal of notice and review of circumstances. A student’s supervisor must be a licensed physician or licensed physician
assistant. PA students may be disciplined by the board consistent with the board’s rules and regulations.
02-373-2 ME. CODE R. §10

MAINE OSTEOPATHIC STATUTE
Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
STATUTE
Maine Revised Statutes, Title 32, §§2591-A, 2594-A – D
DATE
Enacted 1973
REGULATORY BODY
Maine Board of Osteopathic Licensure
PA DEFINED
[See regulation]
SCOPE OF PRACTICE
Delegated medical services rendered under the supervision and control of a physician. Optometry prohibited.
ME. REV. STAT. tit. 32, §2594-A
PRESCRIBING/DISPENSING
No provision
SUPERVISION
Supervision and control shall not be construed as requiring the personal presence of the supervising and controlling
physician at the place where such services are rendered, unless such physical presence is necessary to provide patient care
of the same quality as provided by the physician.
ME. REV. STAT. tit. 32, §2594-A
CHART CO-SIGNATURE
No provision
PAs PER PHYSICIAN
No provision
APPLICATION
PA applies for license; must be accompanied by application by the proposed supervising physician which contains
statement that physician is responsible for all of PA’s medical activities.
ME. REV. STAT. tit. 32, §2594-B
QUALIFICATIONS
Completion of board-approved training program
ME. REV. STAT. tit. 32, §2594-A
TEMPORARY/NEW GRADUATE PERMIT
[See regulation]
BOARD NOTIFICATION
[See regulation]
CONTINUING EDUCATION
[See regulation]
TITLE/PRACTICE PROTECTION
No provision

Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
IDENTIFICATION
[See regulation]
PHYSICIAN LIABILITY
Each application by a proposed supervising physician must contain a statement that the physician shall be responsible for
all medical activities of the PA.
REV. STAT. tit. 32, §2594-B
FEE/RENEWAL SCHEDULE
$150 maximum fee for initial licensure
$125 maximum for annual renewal of license
$150 maximum supervision fee for physician
REV. STAT. tit. 32, §2594-C
PROGRAM APPROVAL
No provision
BOARD REPRESENTATION/ADVISORY COMMITTEE
[See regulation]
BOARD POWERS
Adopt regulations dealing with osteopathic PAs necessary to implement the law, including but not limited to:
Training programs and licensure of PAs
Applications and requirements for licensure of PAs and approval of supervising physicians
Knowledge and skills to be required of PAs
Supervision requirements
Continuing education requirements
REV. STAT. tit. 32, §2594-C
DISCIPLINARY POWERS
Enter into consent agreement with PA; probation and rehabilitation or education
Accept voluntary surrender of license
Refuse to renew license
Suspend or revoke license
REV. STAT. tit. 32, §2591-A
VIOLATIONS/PENALTY
PA subject to sanction if he:
Has held himself out or permitted himself to be represented as a physician
Has performed other than at the direction and under the supervision of a licensed physician
Has been delegated and performed a task beyond his competence
License may be suspended if PA is unable to render medical services with reasonable skill and safety by reason of mental
illness, alcohol intemperance, excessive use of drugs or narcotics, or as a result of mental or physical condition interfering
with competent practice.
REV. STAT. tit. 32, §2594-D
PAYMENT FOR SERVICES
No provision
GRANDFATHER CLAUSE
No provision
STUDENTS
Board may adopt rules relating to physician assistant trainees.
REV. STAT. tit. 32, §2594-C

Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
MAINE OSTEOPATHIC REGULATIONS
REGULATIONS
Code of Maine Rules 02-383, Chapter 2 Physician Assistants
DATE
Revised 9/95
REGULATORY BODY
Maine Board of Osteopathic Licensure
PA DEFINED
A person who has graduated from a physician assistant or surgeon assistant program accredited by CAHEA or CAAHEP or
its successor and/or who has passed the certifying examination administered by the NCCPA or its successor or who has
graduated from or passed examinations approved by a corresponding osteopathic entity.
02-383-2 ME. CODE R. §1
SCOPE OF PRACTICE
PA may perform only those medical activities which have been delegated to the PA by a supervising physician. Duties may
include ordering of diagnostic, therapeutic and other medical services. Performance of tasks not routinely within scope of
supervising physician may be performed so long as the supervising physician has adequate training and oversight skills and
supervisory and referral arrangements in place to ensure competent provision of services by PA. PA may perform medical
activities only in practice setting in which supervising physician agrees to provide supervision.
02-383-2 ME. CODE R. §7
PRESCRIBING/DISPENSING
PA may prescribe drugs and devices to the extent permitted by state and federal law. Prescribing and dispensing may
include Schedule III-V substances and all legend drugs.
02-383-2 ME. CODE R. §7
SUPERVISION
Supervision means overseeing and accepting responsibility and liability for the medical activities delegated by a physician
to a PA.
02-383-2 ME. CODE R. §1
The constant physical presence of a supervising physician is not required so long as a supervising physician and PA are, or
can be, easily in contact with one another by telecommunication. PA and supervising physician must have on file in the
practice setting a written dated plan of supervision containing specific practice descriptions of the elements of supervision.
Plan must be signed and dated by PA and supervising physician and kept on file in the practice. Board may request a copy
of the plan.
02-383-2 ME. CODE R. §6
CHART CO-SIGNATURE
No provision
PAs PER PHYSICIAN
No provision
APPLICATION
PA applies for preliminary license on board forms. Full license granted when statement from supervising physician
received by the board. Full license required for PA practice. Interview required at the board’s discretion.
02-383-2 ME. CODE R. §2

Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
QUALIFICATIONS
Graduation from PA programs accredited by CAHEA, CAAHEP or corresponding osteopathic entity; and/or
Passage of the NCCPA exam or exam approved by corresponding osteopathic entity
No current disciplinary actions against PA license in other jurisdictions unless board considers conditions and
agrees to licensure
Full license requires supervisory agreement with supervising physician. Primary supervising physician must be an
osteopathic physician.
02-383-2 ME. CODE R. §2
TEMPORARY/NEW GRADUATE PERMIT
Temporary license may be granted to applicant who meets other qualifications except that applicant has not yet taken the
certifying exam or the applicant has taken exam and is awaiting results. Temporary license valid for 12 months or until the
results of exam known and board makes final decision on applicant’s request for licensure. May be extended for up to 1
year.
02-383-2 ME. CODE R. §3
BOARD NOTIFICATION
PA shall notify the board of any changes or additions in supervising physicians no later than 14 days after the effective date
of the change.
02-383-2 ME. CODE R. §9
CONTINUING EDUCATION
50 hours of CME annually for PAs in active clinical practice, 20 hours of which shall be Category I, and 10 hours of which
must be in AOA Category I.
02-383-2 ME. CODE R. §13
TITLE/PRACTICE PROTECTION
No provision
IDENTIFICATION
Licensed PAs must keep license available for inspection at primary place of business and wear a name tag identifying
themselves as a “physician assistant” when engaged in professional activities.
02-383-2 ME. CODE R. §14
PHYSICIAN LIABILITY
If PA employed by physician or group, PA must still be supervised by an approved primary or secondary supervising
physician. Liability for PA’s medical activities remain that of the supervising physician. If PA employed by organized
health care delivery system, nothing limits the liability of the organized health care delivery system. In such system, PA
must still be supervised by an approved supervising physician.
02-383-2 ME. CODE R. §8
FEE/RENEWAL SCHEDULE
Annual renewal
PROGRAM APPROVAL
No provision
02-383-2 ME. CODE R. §4
BOARD REPRESENTATION/ADVISORY COMMITTEE
Board participates jointly with Board of Licensure in Medicine on PA advisory committee that may include at least 2 PAs
and 2 physicians licensed by the board. Members of the advisory committee who are licensed by the board shall be
appointed by the board for up to two four-year terms. The board may remove any member of the advisory committee that it
appointed at its discretion. Duties of the committee shall be to review all matters pertaining to PAs and the supervision of
physician extenders which the board asks the committee to consider. Committee may also make recommendations to board
and consider other matters upon its own motion.
02-383-2 ME. CODE R. §15

Physician Assistants: State Laws and Regulations
13 th Edition, January 2013
BOARD POWERS
[See statute]
DISCIPLINARY POWERS
Board may impose any sanction provided for in the Osteopathic Practice Act.
02-383-2 ME. CODE R. §12
VIOLATIONS/PENALTY
Fraud or deceit
Habitual substance abuse which may result in the licensee endangering public
Mental or physical condition which results in public endangerment
Aiding or abetting practice of medicine by unlicensed person
Incompetence
Unprofessional conduct
Conviction of a crime which involves dishonesty or which relates to licensed practice
Conviction of any crime for which incarceration for than 1 year may be imposed
Violation of board rules
False advertising
Fee splitting
Disciplinary action by another jurisdiction
Failure to report impaired physician or PA unless impaired individual is licensee’s patient
Representing self as licensed physician or permitting another to do so
Performing other than at the direction of a supervising physician or other than under supervision as required
Performing task beyond competence
02-383-2 ME. CODE R. §11
PAYMENT FOR SERVICES
No provision
GRANDFATHER CLAUSE
No provision
STUDENTS
Students in approved PA programs must notify the board of their intention to perform medical services and provide other
information. Limit 1 year without renewal of notice and review of circumstances. Students may be disciplined by the board.
02-383-2 ME. CODE R. §10