Whereas, this Act clarifies that podiatrists are authorized to delegate podiatric medical services to assistants; and

Whereas, it is the common practice of podiatrists in the State to use podiatric assistants; and

Whereas, it is urgent that the clarification of the podiatrist's authority to use assistants in all aspects of podiatric medicine be effective immediately in order to allow podiatrists to continue practicing in a safe and legal manner; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 32 MRSA §3552-A is enacted to read:

§3552-A.__Podiatric assistants

1.__Podiatric assistants permitted.__This chapter may not be construed to prohibit a podiatric assistant from rendering podiatric medical services if these services are rendered under the supervision and control of a podiatrist and if that podiatric assistant is in a training program approved by the board or has satisfactorily completed training and a competency evaluation approved by the board.__"Supervision and control" may not be construed to require the personal presence of the supervising and controlling podiatrist at the place where these services are rendered, unless a physical presence is necessary to provide patient care of the same quality as provided by the podiatrist.__ This chapter may not be construed to prohibit a podiatrist from delegating to a podiatric assistant certain activities relating to medical care and treatment that are delegated by custom and usage, as long as those activities are under the supervision or control of the podiatrist, who must be present on the premises at the time the activities are performed.__This section may not be construed to require the presence of the supervising and controlling podiatrist during the rendering of nondiagnostic or nontherapeutic services.