1.
Application; Fees
An application for licensure as a retail supplier of
medical oxygen must be filed on forms provided by the board. The application
must be accompanied by the application and license fees required by Chapter 10,
Section
5(27) of the rules
of the Department of Professional and Financial Regulation, Office of
Professional and Occupational Regulation, entitled "Establishment of License
Fees." Except as described in Section
3 of this chapter, incomplete
applications will not be accepted and will be returned to the applicant. The
applicant shall provide the following information:
A. The name, physical address, contact
address, telephone number, email address and world wide web address of the
retail supplier of medical oxygen;
B. All trade or business names used by the
retail supplier of medical oxygen;
C. The names of the owner of the retail
supplier of medical oxygen, including:
(a) If
a partnership, the name, contact address, telephone number and employer
identification number of the partnership, and the name and contact address of
each partner;
(b) If a corporation,
the name, contact address, telephone number and employer identification number
of the corporation; the name of the parent company, if any; the name, contact
address and title of each corporate officer and director; the name and contact
address of each shareholder owning 10% or more of the voting stock of the
corporation, including over-the-counter stock, unless the company is traded on
a major stock exchange and not over-the-counter; a certificate of existence
from the corporation's state of organization and, for corporations not
organized under Maine law, a certificate of authority from the Maine Secretary
of State;
(c) If the applicant is a
limited liability company, the name, contact address, employer identification
number, telephone number, fax number and email address of the limited liability
company; the names and mailing addresses of each member and manager; a
certificate of existence from the Maine Secretary of State or, for limited
liability companies not organized under Maine law, a certificate of authority
or certificate of qualification from the Maine Secretary of State; and the name
of the member or manager who will be representing the applicant in matters
before the board.
(d) If a sole
proprietorship, the name, contact address, telephone number and social security
number of the sole proprietor and the name of the business entity;
D. The job title, name, address,
telephone number, email address and emergency contact information of the person
responsible for operation of the retail supplier of medical oxygen;
E. The days and hours of operation of the
retail supplier of medical oxygen;
F. A scaled drawing of the facility
demonstrating sufficient space for the proper carrying on of the business of a
retail supplier of medical oxygen. The drawing must identify the use of all
space within the facility;
G. Such
other information as the board may require.
2.
Processing of Application
A. The board shall review the application for
compliance with the pharmacy law and rules and shall issue a license upon a
determination that operation of the retail supplier of medical oxygen will be
in the best interest of the public health and welfare.
B. Following review of the application the
board may approve the application, preliminarily deny the application, approve
the application with conditions, direct the applicant to resubmit the
application with specific modifications, request further information from the
applicant, or investigate any of the information contained in the application.
A denial shall identify the specific deficiencies in the application that
resulted in the denial.
3.
Response by Applicant to Adverse
Board Action
No later than 30 days following receipt of written notice
from the board, or within such longer or shorter time as the board may specify,
an applicant may, as the case may be-
A. Submit an application with modifications
requested by the board;
B. Furnish
additional information requested by the board;
C. Make site modifications requested by the
board;
D. Request a hearing to
contest a preliminary denial; or
E.
Request a hearing to contest a condition imposed by the board.
F. Failure of the applicant to act within the
applicable time period shall result in the automatic denial of the application
without need of further action by the board or, in the case of applications
conditionally approved, finality of the conditions.
4.
Separate License for Each
Facility
The owner of a retail supplier of medical oxygen must file
a separate application for each facility that sells or dispenses medical
oxygen.
5.
License
Term; Renewal
All retail supplier of medical oxygen licenses other than
the temporary license expire annually on December 31. A licensee may renew the
license by completing the renewal application form provided by the board and
remitting the license fee required by Chapter 10 of the rules of the Department
of Professional and Financial Regulation, Office of Professional and
Occupational Regulation, entitled "Establishment of License Fees."
6.
Change of Ownership,
Location or Application Information
Upon a change of ownership, a retail supplier of medical
oxygen shall file a new application with the board no less than 7 days prior to
the change. Upon a change of location, a retail supplier of medical oxygen
shall file a new application with the board no less than 7 days prior to the
change. The licensee shall notify the board of any other change in the
information provided on its application within 10 days after the
change.
