Maine § 18503. - Definitions

§ 18503.. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2017, c. 253, §7 (NEW).]

1.  Bylaws.  "Bylaws" means those bylaws adopted by the interstate commission pursuant to section 18512 for its governance or for directing and controlling its actions and conduct.

2.  Commissioner.  "Commissioner" means the voting representative appointed by a member board pursuant to section 18512.

3.  Conviction.  "Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication or entry of a plea of guilty or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court is considered final for purposes of disciplinary action by a member board.

4.  Expedited license.  "Expedited license" means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.

5.  Interstate commission.  "Interstate commission" means the Interstate Medical Licensure Compact Commission created pursuant to section 18512.

6.  License.  "License" means authorization by a state for a physician to engage in the practice of medicine.

7.  Medical practice act.  "Medical practice act" means the laws and rules governing the practice of allopathic and osteopathic medicine within a member state.

8.  Member board.  "Member board" means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation and education of physicians as directed by the state government.

9.  Member state.  "Member state" means a state that has enacted the compact.

10.  Offense.  "Offense" means a felony, a Class A, Class B or Class C crime, an aggravated crime, a gross misdemeanor or a crime involving moral turpitude.

11.  Physician.  "Physician" means a person who:

A. Is a graduate of a medical school accredited by the Liaison Committee on Medical Education or the American Osteopathic Association's Commission on Osteopathic College Accreditation, or its successor, or a medical school listed in the International Medical Education Directory database or its successor;   [PL 2017, c. 253, §7 (NEW).]

B. Passed each component of the United States Medical Licensing Examination or the Comprehensive Osteopathic Medical Licensing Examination within 3 attempts or a predecessor examination accepted by a state member board as an equivalent examination for licensure purposes;   [PL 2017, c. 253, §7 (NEW).]

C. Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;   [PL 2017, c. 253, §7 (NEW).]

D. Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association's Bureau of Osteopathic Specialists;   [PL 2017, c. 253, §7 (NEW).]

E. Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;   [PL 2017, c. 253, §7 (NEW).]

F. Has never been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction;   [PL 2017, c. 253, §7 (NEW).]

G. Has never held a license authorizing the practice of medicine and been subjected to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license;   [PL 2017, c. 253, §7 (NEW).]

H. Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and   [PL 2017, c. 253, §7 (NEW).]

I. Is not under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction.   [PL 2017, c. 253, §7 (NEW).]

12.  Practice of medicine.  "Practice of medicine" means the clinical prevention, diagnosis or treatment of a human disease, injury or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.

13.  Rule.  "Rule" means a written statement by the interstate commission promulgated pursuant to section 18513 that is of general applicability; implements, interprets or prescribes a policy or provision of the compact or an organizational, procedural or practice requirement of the interstate commission; has the force and effect of statutory law in a member state; and includes the amendment, repeal or suspension of an existing rule.

14.  State.  "State" means any state, commonwealth, district or territory of the United States.

15.  State of principal license.  "State of principal license" means a member state where a physician holds a license to practice medicine and that has been designated as the state of principal license by the physician for purposes of registration and participation in the compact.