02-373-1 Me. Code R. § 13

Current through 2024-36, September 4, 2024

Section 373-1-13 - CITATIONS

1. In addition to the Chapter 4, Rules for the Issuance of Citations, the Board, or if delegated, Board staff may issue citations to physicians in lieu of taking disciplinary action for:

A. The failure to have a current plan of supervision that conforms to the requirements of this rule and performance review documentation on file at the location specified in the plan of supervision. The administrative fine for each violation is $200; or

B. The failure to file a written notification with the Board as required by this rule. The administrative fine for each violation is $100.

2.Service of Citations

The citation may be served on the licensee by mail sent from the Board office.

3.Right to Hearing

The citation shall inform the licensee that the licensee may pay the administrative fine or request in writing a hearing before the Board regarding the violation. If the licensee requests a hearing, the citation shall be processed in the same manner as a complaint pursuant to 32 M.R.S. §3282-A, except that the licensee's written response to the citation must be filed at the same time as the written request for hearing.

4.Time for Payment or Request for Hearing

The licensee shall either pay the administrative fine within thirty (30) days following issuance of the citation or request a hearing in writing within thirty (30) days following issuance of the citation. Failure to take either action within this thirty-day (30-day) period is a violation of the Board's rules that may subject the licensee to further disciplinary action by the Board for unprofessional conduct, including but not limited to an additional fine and action against the license.

5.Citations Violations not Reportable

Administrative fines paid solely in response to citations issued pursuant to this rule do not constitute discipline or negative action or finding and shall not be reported to the Federation of State Medical Boards or the National Practitioner Databank or to any other person, organization, or regulatory body except as allowed by law. Citation violations and administrative fines are public records within the meaning of 1 M.R.S. §402 and will be available for inspection and copying by the public pursuant to 1 M.R.S. §408-A.

02-373 C.M.R. ch. 1, § 13