§ 32 §90-A — Licensing actions

1.
Disciplinary proceedings and sanctions.
The licensing board or its staff, shall investigate a complaint on its own motion or upon receipt of a written complaint filed with the licensing board regarding noncompliance with or violation of this chapter or of any rules adopted by the board. The licensing board or its staff may subpoena witnesses, records and documents, including records and documents maintained by a health care facility or other service organization or person related to the delivery of emergency medical services, in any investigation or hearing it conducts.
2.
Notice.
The licensing board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but in no event later than 60 days after the licensing board or its staff receives the initial pertinent information. The licensee has the right to respond within 30 days in all cases except those involving an emergency denial, suspension or revocation, as described in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 5. If the licensee's response to the complaint satisfies the licensing board or its staff that the complaint does not merit further investigation or action, the matter may be dismissed, with notice of the dismissal to the complainant, if any.
3.
Informal conference.
4.
Further action.
If the licensing board or its staff finds that the factual basis of the complaint is true and is of sufficient gravity to warrant further action, it may take any of the following actions.
5.
Grounds for licensing action.
A decision to take action against any applicant or licensee pursuant to this chapter or any rules adopted pursuant to this chapter, including, but not limited to, a decision to impose a civil penalty or to refuse to issue or renew a license or to modify, suspend or revoke a license of a person, service or vehicle, may be predicated on the following grounds:
6.
Notice of action.
In any proceeding under this section with regard to an ambulance service owned and operated by a municipality or a private ambulance service with which a municipality contracts for services, if the licensing board or its staff takes further licensing action under subsection 4, the licensing board shall notify in writing the town manager or city manager and the municipal officers of the municipality that owns and operates or contracts with the ambulance service within 5 business days of taking the action.
7.
Authority.
In addition to authority otherwise conferred, the licensing board or, as delegated, its staff may, for each violation of applicable laws, rules or conditions of licensure or registration, in accordance with the procedures established in this section and any rules adopted by the board, take one or more of the following actions:
8.
Authority to issue letters of guidance.
In addition to authority otherwise conferred, the licensing board or, as delegated, its staff may issue a letter of guidance or concern to an applicant or licensee.
9.
Authority to request mental and physical examinations.
For the purposes of this subsection, by application for and acceptance of a license to practice, an emergency medical services person is considered to have given consent to a mental or physical examination when directed by the licensing board. The licensing board may direct an emergency medical services person to submit to a mental examination whenever the licensing board determines the emergency medical services person may be suffering from a mental illness that may be interfering with the competent practice of emergency medical services or from the use of intoxicants or drugs to an extent that they are preventing the emergency medical services person from practicing competently and with safety to patients. The licensing board may direct an emergency medical services person to submit to a physical examination whenever the licensing board determines the emergency medical services person may have diminished physical capabilities to an extent that they are preventing the emergency medical services person from practicing competently and with safety to patients. An emergency medical services person examined pursuant to an order of the licensing board may not prevent the testimony of the examining individual or prevent the acceptance into evidence of the report of an examining individual in a proceeding under subsection 1. Failure to comply with an order of the licensing board to submit to a mental or physical examination results in the immediate suspension of the license of the emergency medical services person until the emergency medical services person submits to the examination.
10.
Appeals of nondisciplinary actions and refusals to issue.
Any person or organization aggrieved by the decision of the staff of the licensing board in taking any nondisciplinary action pursuant to this chapter or rules adopted pursuant to this chapter or in the interpretation of this chapter or rules adopted pursuant to this chapter or in refusing to issue a license may appeal the decision to the licensing board for a final decision. The staff's decision stands until the licensing board issues a decision to uphold, modify or overrule the staff's decision. In the case of nonrenewal, the person or organization must be afforded an opportunity for hearing in accordance with this chapter and the Maine Administrative Procedure Act. A final decision of the licensing board constitutes final agency action appealable pursuant to Title 5, chapter 375, subchapter 7.

Legislative History

PL 1987, c. 273, §8 (NEW). PL 1991, c. 588, §19 (AMD). PL 1993, c. 575, §§2,3 (AMD). PL 1993, c. 600, §§A35,36 (AMD). PL 1999, c. 547, §B58 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 229, §§5-8 (AMD). PL 2003, c. 559, §2 (AMD). PL 2007, c. 274, §§22-27 (AMD). PL 2015, c. 6, §3 (AMD). PL 2017, c. 407, Pt. A, §123 (AMD). PL 2023, c. 111, §1 (AMD). PL 2025, c. 491, §17 (AMD).