Maine Revised Statutes Title 32 Sec. 2106 – Criminal violations; penalties
Current as of: 2023 | Check for updates
|
Other versions
It is a crime for any person, including a corporation, or association or individual, to: [PL 1993, c. 600, Pt. A, §117 (AMD).]
1. Fraudulent diploma or record. Sell or fraudulently obtain or furnish a nursing diploma, license, renewal or record or provide aid in doing so;
[PL 1993, c. 600, Pt. A, §117 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 32 Sec. 2106
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- license: is a n authorization to practice nursing as a professional nurse, practical nurse or advanced practice registered nurse. See Maine Revised Statutes Title 32 Sec. 2102
- licensed practical nurse: means an individual who is currently licensed under this chapter and who practices practical nursing as defined in subsection 3. See Maine Revised Statutes Title 32 Sec. 2102
- practical nursing: means performing tasks and responsibilities, by a licensed practical nurse, for compensation within a structured health care setting, reinforcing the patient and family teaching program through health teaching, health counseling and provision of supportive and restorative care, under the direction of a registered nurse or licensed or otherwise legally authorized physician, podiatrist or dentist. See Maine Revised Statutes Title 32 Sec. 2102
- professional nursing: means the performance by a registered professional nurse for compensation of professional services defined as follows:
2. Fraudulent license. Practice nursing as defined by this chapter under cover of a diploma, license or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
[PL 1993, c. 600, Pt. A, §117 (AMD).]
3. Practice without license. Practice professional nursing or practical nursing as defined by this chapter unless licensed to do so;
[PL 1993, c. 600, Pt. A, §117 (AMD).]
4. Implying license. Use in connection with the person’s name a designation tending to imply that the person is a licensed registered nurse or a licensed practical nurse unless so licensed under this chapter;
[PL 1993, c. 600, Pt. A, §117 (AMD).]
5. License suspended or revoked. Practice professional nursing or practical nursing during the time the person’s license issued under this chapter is suspended or revoked; or
[PL 1991, c. 797, §15 (AMD).]
6. Violation of chapter.
[PL 2001, c. 421, Pt. B, §97 (RP); PL 2001, c. 421, Pt. C, §1 (AFF).]
A person who violates this section commits a Class E crime. [PL 1991, c. 797, §15 (RPR).]
The District Court has original and concurrent jurisdiction with the Superior Court over all prosecutions for violation of this chapter. All fines and forfeitures collected under this chapter must accrue to the county where the offense is prosecuted. It is necessary to prove in a prosecution or hearing under this section only a single act prohibited by law or a single holding out or an attempt without proving a general course of conduct in order to constitute a violation. These crimes are prosecuted by the district attorney. [PL 1993, c. 600, Pt. A, §117 (AMD).]
SECTION HISTORY
PL 1967, c. 263, §5 (AMD). PL 1973, c. 567, §20 (AMD). PL 1991, c. 797, §15 (AMD). PL 1993, c. 600, §A117 (AMD). PL 2001, c. 421, §B97 (AMD). PL 2001, c. 421, §C1 (AFF).