6.__Hearings.__The commissioner may conduct hearings to assist with investigations and to determine whether grounds exist for denial of license renewal, suspension of license or any other action necessary to the fulfillment of the commissioner's responsibilities under this chapter.

7.__Advisory council.__The commissioner shall establish an advisory council to advise and consult with the commissioner concerning the regulation of colonic practitioners.__The commissioner may select members of the profession and other interested parties to serve on an advisory council.__Service on the council is not a conflict of interest regardless of the occupations or associations of the members.

§14403.__Licensing

1.__License required.__Beginning on January 1, 2002, unless exempt pursuant to section 14406, a person may not charge a fee for performing a colonic irrigation unless licensed in accordance with this chapter.

2.__Individual licensing.__Only an individual who is qualified under this chapter may be issued a license to practice colonic irrigation.

§14404.__Requirements for licensure; colonic practitioners

Each applicant for licensure must demonstrate competence to engage in the practice of colonic irrigation in a manner that safeguards the interests of the public.__Rules adopted under this chapter must provide for educational standards, examinations and certification for the practice of colonic irrigation by colonic practitioners.

§14405.__Terms of license

Each individual who applies for licensure shall fill out a form designated by the department.__A license expires yearly on the date of the individual's initial licensure or on such other date as the commissioner determines.__The commissioner shall mail a notice of expiration to a licensed colonic practitioner's last known address at least 30 days before the expiration of the license.__The notice must include requests for any information necessary for renewal.__A late fee of $10 is assessed on any license renewal that is postmarked later than the anniversary

date of the individual's initial licensure.__If an individual has not renewed the license prior to 90 days after the anniversary date, the individual must reapply for licensure.

2.__Continuing education and supervision.__The department, by rule, may establish continuing education and supervision requirements.__An applicant for a renewal of a license shall show proof of satisfying the continuing education requirements set forth by the department.

§14406.__Exemption to certification

A licensed physician is exempt from the requirements of this chapter.

§14407.__Disciplinary action; grounds; procedure; complaints

1.__Grounds.__The commissioner may suspend, revoke or refuse to renew a license under the same grounds as contained in Title 5, section 10004.__In addition, the commissioner may take the same action granted to bureaus, boards and commissions pursuant to Title 10, section 8003, subsection 5.__The commissioner's actions may be based on any of the following grounds:

A.__The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the registration or certificate issued;

B.__Habitual substance abuse that has resulted or is forseeably likely to result in the regulated person performing services in a manner that endangers the health or safety of clients;

C.__A current medical finding of mental incompetence that affects the licensed person's ability to perform that person's occupation in a healthy and safe manner;

D.__Aiding or abetting persons not duly licensed under this chapter who profess to be licensed;

E.__Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves dishonesty or false statement or that directly relates to the practice of colonic irrigation or conviction of a crime for which incarceration for one year or more may be imposed;

F.__Revocation in any state of a professional or occupational license, certification or registration for disciplinary reasons or rejection of any application for reasons related to untrustworthiness within 3 years of the date of application; or

G.__Violating any provisions of this chapter or any rule of the department.

2.__Procedure.__Except as provided in Title 5, section 10004, a license may not be denied, suspended, revoked or refused for renewal for the reasons set forth in subsection 1 without prior written notice and opportunity for hearing on that denial, suspension or revocation.__A license may not be denied, suspended or revoked under this section except by a decision of the commissioner.

3.__Complaints.__Any person may file a complaint with the commissioner seeking disciplinary action against a colonic practitioner concerning violations of this chapter or rules adopted by the department.__Complaints must be in writing.__If the commissioner determines that a complaint alleges facts that, if true, would require denial, revocation, suspension or nonrenewal of the license or other disciplinary action of a licensed colonic practitioner, the commissioner may conduct a hearing pursuant to the Maine Administrative Procedure Act.__ Whenever the commissioner establishes that a complaint does not state facts that warrant action, the complaint may be dismissed.

The commissioner shall conduct proceedings under this subsection in accordance with the provisions of Title 5, chapter 375, subchapter IV.

§14408.__Penalty; injunction

A person who violates this chapter commits a Class E crime.__ The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.

§14409.__Reciprocity

Reciprocity is granted to individuals from other states as long as those individuals meet the requirements of this chapter for status as a licensed colonic practitioner and show proof of current certification or registration from their states.

SUMMARY

This bill requires practitioners of colonic irrigation to be licensed pursuant to criteria established by the Commissioner of Professional and Financial Regulation. The bill requires that the commissioner establish an advisory council to advise and

consult with the commissioner concerning the regulation of colonic practitioners. The bill authorizes the Department of Professional and Financial Regulation to establish continuing education requirements for maintaining a license. The bill sets forth guidelines for disciplinary action and makes practicing colonic irrigation without a license a Class E crime. Licensed physicians are exempt from the requirements of this bill.