Section 392-5-34-4 - Licensure1.Application; FeesAn 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 ApplicationA. 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 ActionNo 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; orE. 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 FacilityThe 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; RenewalAll 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 InformationUpon 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.
02-392 C.M.R. ch. 5, § 34-4