An Act To Amend the Maine Emergency Medical Services Act of
Maine Legislature, Session 121, LD 1762
Committee: Criminal Justice and Public Safety
Sponsors: BULL, HATCH, BLANCHETTE, GERZOFSKY, LESSARD
Amends: 32 MRSA §90-A, 32 MRSA §91-A, 32 MRSA §92, 32 MRSA §92-A

Legislative Document 
No. 1762 
H.P.1284 
House of Representatives, December 22,2003 
An Act To Amend the Maine Emergency Medical Services Act of 
1982 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 17, 2003. Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Representative BULL of Freeport. 
Cosponsored by Senator HATCH of Somerset and 
71/~ 
/J1.17bc~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLANCHETTE of Bangor, GERZOFSKY of Brunswick, LESSARD of 
Topsham. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRS A §85, sub-§6, as amended by PL 200L c. 697, 
Pt. C, §1, is further amended to read: 
6. 
Ambulance operator course. 
By January 1, 
aQQ§ 2007, 
a 
person whose job description includes operating an ambulance in 
an 
emergency 
mode 
or 
transporting 
a 
patient 
must 
possess 
certification of 
successful 
completion 
of 
a 
basic 
ambulance 
vehicle operator course, or a course that has been approved by 
the board as an equivalent, in order to operate an ambulance in 
an emergency mode or to transport a patient. 
This requirement 
applies 
to 
all 
paid 
and 
volunteer 
ambulance 
operators 
and 
transporters. 
This 
requirement 
is 
in 
addition 
to 
vehicle 
operator requirements of Title 29-A or other law. 
A person whose 
job description includes operating an ambulance in an emergency 
mode or transporting a patient who successfully completes a basic 
ambulance vehicle operator course or 
a 
course that has 
been 
approved by the board as an equivalent may apply to the board for 
reimbursement for the cost of the course. 
Sec. 2. 32 MRSA §90-A, as amended by PL 200L c. 229, §§5 to 
8, is further amended 1:0 read: 
§90-A. Licensing actions 
1. 
Disciplinary proceedings and sanctions. 
The board or, 
as delegated, its subcommittee or staff, shall investigate 
a 
complaint 
on 
its 
own 
motion 
or 
upon 
receipt 
of 
a 
written 
complaint filed with the board regarding noncompliance with or 
violation of this chapter or of any rules adopted by the board. 
Investigation 
may 
include 
an 
informal 
conference 
before 
the 
board, its subcommittee or staff to determine whether grounds 
exist for suspension, revocation or denial of a license or for 
taking other disciplinary action pursuant to this chapter. 
The 
board, its subcommittE~e or staff may subpoena witnesses, records 
and documents, 
including records and documents maintained by a 
health care facility or other service organization or person 
related to the 
deliv'~ry of emergency medical services, in any 
investigation or hearing it conducts. 
2. 
Notice. 
ThE~ board shall notify the licensee of the 
content of a 
complaint filed against the licensee as soon as 
possible, but in no event later than 60 days after the board or 
staff receives the initial pertinent information. The licensee 
has the right to respond within 30 days in all cases except those 
involving 
an 
emergency 
denial, 
suspension 
or 
revocation, 
as 
described in the Maine Administrative Procedure Act, Title 5, 
chapter 375, subchapter V.5.. 
If the licensee's response to the 
complaint satisfies t.he board or staff that the complaint does 
• 
not merit 
dismissed, 
any. 
further investigation or action, 
with notice of the dismissal to 
the matter may 
the complainant, 
be 
if 
3. 
Informal conference. 
If, in the opinion of the board, 
its subcommittee or staff, the factual basis of the complaint is 
or may be true and the complaint is of sufficient gravity to 
warrant 
further 
action, 
the 
board 
or staff 
may 
request 
an 
informal conference with the licensee. 
The board shall provide 
the licensee with adequate notice of the conference and of the 
issues to be discussed. 
The conference must be conducted in 
executive session of the board, subcommittee or staff, pursuant 
to Title 1, 
section 405, 
unless 
otherwise 
requested by 
the 
licensee. 
Statements 
made 
at 
the 
conference 
may 
not 
be 
introduced at a 
subsequent formal 
administrative or 
judicial 
hearing unless all parties consent. 
The licensee may, without 
prejUdice, refuse to participate in an informal conference if the 
licensee prefers to request an adjudicatory hearing. 
If the 
licensee participates in the informal conference, the licensee 
waives the right to Object to a participant at the hearing who 
participated at the informal conference. 
4. 
Further action. 
If the board, its subcommittee or staff 
finds that the factual basis of the complaint is true and is of 
sufficient gravity to warrant further action, it may take any of 
the following actions. 
A. 
The board, its subcommittee or staff may 
eRte~--iBte 
negotiate 
a 
consent agreementT with the eeRseRt--ef--tae 
licenseeT that fixes 
the period and 
terms 
of probation 
necessary to protect the public health and safety and to 
rehabili tate or educate the licensee. 
A consent agreement 
may 
be 
used to terminate 
a 
complaint investigation, if 
entered into by the board, the licensee and the Department 
of the Attorney General. 
B. 
If a licensee voluntarily surrenders a 
license, 
the 
board, its subcommittee or staff may negotiate stipulations 
necessary to ensure protection of the public health and 
safety and the rehabilitation or education of the licensee. 
These stipUlations 
may 
be set forth only in 
a 
consent 
agreement 
signed 
by 
the 
board, 
the 
licensee 
and 
the 
Department of the Attorney General. 
c. 
If the board, its subcommittee or staff concludes that 
modification, nonrenewalT-aeai66yaaee or suspension pursuant 
to section 88, subsection 3 of a license or imposition of a 
civil penal ty pursuant to section 88, subsection 3 is in 
order, 
the board shall 
so notify the 
app~ieaRt-~ieeasee 
licensee and inform the 
app~ieaRt-~ieeasee licensee of the 
app~ieaR~-~ieeR6ee~6 
licensee's 
right 
to 
request 
an 
adjudicatory hearing. 
If the 
app~ieaR~-~ieeR6ee licensee 
requests an adjudicatory hearing in a timely manner, 
the 
adjudicatory hearing must be held by the board in accordance 
with Title 
5, 
chapter 
375, 
subchapter 
IV 
±. 
If 
the 
app~ieaR~-~ieeR6ee licensee 
wishes 
to 
appeal 
the 
final 
decision of the board, the app~ieaR~-~ieeR6ee licensee shall 
file a petition for review with the Superior Court within 30 
days of receipt of the board's decision. 
Review under this 
paragraph must 
bE~ conducted pursuant to Title 5, 
chapter 
375, subchapter V;U 2. 
D. 
Except in the specific circumstances where Title 5, 
section 10004 may be invoked, if the board or its staff 
concludes that suspension beyond the authority conferred by 
section 88 or revocation of the license is in order, the 
board or its sta.ff shall request the Attorney General to 
file a complaint in the District Court in accordance with 
Title 4, chapter 5 and the Maine Administrative Procedure 
Act to commence either full or emergency proceedings. 
5. 
Grounds 
for licensing action. 
A decision to 
take 
action against any applicant or licensee pursuant to this chapter 
or any rules adopted pursuant to this chapter, including, but not 
limited to, a decision to impose a civil penalty or to refuse to 
issue or renew a 
license or to modify, 
suspend or revoke 
a 
license of a person, service or vehicle, may be predicated on the 
following grounds: 
A. 
Fraud or deceit in obtaining 
a 
license under this 
chapter or in connection with service rendered within the 
scope of the license issued; 
B. 
Habitual 
substance 
abuse 
that 
has 
resulted 
or 
is 
foreseeably likely to result in the 
licensee performing 
services in a manner that endangers the health or safety of 
the licensee's patients; 
C. 
A professional 
diagnosis 
of 
a 
mental 
or 
physical 
condition that has affected or is likely to affect the 
licensee's performance in a manner that endangers the health 
or safety of the licensee's patients; 
D. 
Aiding or abetting the practice of emergency care by a 
person not duly licensed under this chapter who purports to 
be so; 
E. 
Incompetent professional practice as evidenced by: 
(1) 
Demonstrated inability to respond appropriately to 
a client, patient or the general public; or 
(2) 
Inability to apply principles, skills or knowledge 
necessary to successfully carry out the practice for 
which the licensee is licensed; 
F. 
Violation of any reasonable standard of professional 
behavior, conduct or practice that has been established in 
the practice for which the licensee is licensed; 
G. 
Subject to the limitations of Title 5, 
chapter 341, 
conviction of 
a 
crime that involves dishonesty or false 
statement, conviction of a crime that relates directly to 
the practice for which the licensee is licensed, conviction 
of a crime for which incarceration for one year or more may 
be imposed or conviction of a crime defined in Title 17-A, 
chapter 11 or 45; 
H. 
Any violation of this chapter or any rule adopted by the 
board; or 
I. 
For other purposes as specified by rules or law. 
Sec. 3. 32 MRSA §91-A, as repealed and replaced by PL 200L 
c. 229, §9, is amended to read: 
§9l-A. Appeals of nondisciplinary actions and refusals to issue 
Any person or organization aggrieved by the decision of the 
staff or a subcommittee of the board in waiviREJ--t.-he--a-ppl-i-e-atieB 
eE--aay--r~~r-~~-me4~~~~~--e~--~eEysiBEJ--8&--~-~--~eRew--a 
±ieea&e-r--iR 
taking 
any 
e1iseiF±iRa~y 
nondisciplinary 
action 
pursuant 
to 
this 
chapter or 
rules 
adopted pursuant 
to this 
chapter or in the interpretation of this chapter or rules adopted 
pursuant to this chapter or in refusing to issue a license may 
appeal the decision to the board for 
a 
final decision. 
The 
staff's or subcommittee's decision stands until the board issues 
a 
decision 
to 
uphold, 
modify 
or 
overrule 
the 
staff's 
or 
subcommittee's decision. 
In the case of nonrenewal, the person 
or organization must be afforded an opportunity for hearing in 
accordance 
with 
this 
chapter 
and 
the 
Maine 
Administrative 
Procedure Act. 
ABy-pe~~~R-~-~r~~~~~-a~ri-e-~e-Q-ay-~~-~~~i-&~a-eE 
~Be-e~~~4-~~~~~-~he--aFF±iea~ieB-e~-~-~~1~,--~-re-~y&i-~-~e 
issye-~r-~~-~-±i€eR6e7--ia-~~~-~-4~~€~~~~~~y--aetieB 
Fy~syaBt--te--~hi-&-~~~-~--~~1~-~~-~~~~~R~--~e--tBi6 
eBaFte~-~-~~--the--~~~~~~~~-eE-~~i-&-€~~p~e~-~r-~-~y±e 
ae1eFtee1-~~~~~£~--t.~-~i-&-ehapter-ffiay-~-~~-~arG~&-e1eei6ieB 
te-~~e-~~~-~~~-~-aeeerGaBee-witB A final decision of the 
board constitutes final 
agency action appealable 
pursuant to 
Title 5, chapter 375, subchapter VII 1. 
Sec. 4. 32 MRSA §92, first 1[, as amended by PL 2001, c. 229, 
§10, is further amended to read: 
All complaints and investigative records of the board are 
confidential 
during 
the 
pendency 
of 
an 
investigation. 
Any 
reports, 
information 
or 
records 
provided 
to 
the 
board 
or 
department pursuant to this chapter 
IInlst;--~-"""iH"-(W-i-de-d---t:t>--tae 
lieeasee-aa~ are confidential insofar as the reports, information 
or records identify or permit identification of any patientT 
F~eyi~ea--taat;--t;ae_._ The 
board 
may disclose 
any 
confidential 
information as follows. 
Sec. 5. 32 MRSA §92, sub-§§3 and 4, as enacted by PL 2001, c. 
229, §10, are amended to read: 
3. 
Investiqations. 
AII--~~~~--~--iayesti~atiye 
EeeeEas-~-~~-beaFa-~~e-~~~~~~-G~Fi~-t;ae-~~~-aa 
iRyesti~at;iear--~aese Investigative records become public records 
upon the conclusion of an investigation unless confidentiality is 
required by some other provision of law. 
For purposes of this 
subsection, an investigation is concluded when: 
A. 
A notice of an adjudicatory hearing as defined under 
Title 5, chapter 375, subchapter I 1 has been issued; 
B. 
A consent agreement has been executed; or 
C. 
A 
letter 
of 
dismissal 
has 
been 
issued 
or 
the 
investigation has otherwise been closed. 
4. 
Exceptions. 
Notwithstanding 
s~Bseetiea--~ any 
other 
provision 
of 
this 
section, 
during 
the 
pendency 
of 
an 
investigation, 
a 
complaint 
or 
investigative 
record 
may 
be 
disclosed: 
A. 
To Maine Emergency Medical Services employees designated 
by the director; 
B. 
To designated complaint officers of the board; 
C. 
By 
a 
Maine 
Emergency 
Medical 
Services 
employee 
or 
complaint officer designated by the board when, and to the 
extent, considered necessary to facilitate the investigation; 
D. 
To 
other state or 
federal 
agencies 
when 
the 
files 
contain evidence of possible violations of laws enforced by 
those agencies; 
• 
E. 
When 
and to 
director to avoid 
of 
the director 
delegated; 
the extent considered necessary by 
the 
imminent and serious harm. 
The authority 
to 
make 
such 
a 
disclosure 
may 
not 
be 
F. 
Pursuant to rules adopted by the department, when it is 
determined that confidentiality is no longer warranted due 
to general public knowledge of the circumstances surrounding 
the complaint or investigation and when the investigation 
would not be prejudiced by the disclosure; or 
G. 
To the person investigated on request of that person. 
The director may refuse to disclose part or all of any 
investigative 
information, 
including 
the 
fact 
of 
an 
investigation when the director determines that disclosure 
would prejudice the investigation. 
The authority of the 
director to make such a determination may not be delegated. 
Sec. 6. 32 MRSA §92-A, sub-§2, as repealed and replaced by PL 
2001, c. 229, §11, is amended to read: 
2. 
Confidentiality. 
All 
proceedings 
and 
records 
of 
proceedings concerning the quality assurance activities of an 
emergency medical services quality assurance committee approved 
by the board and all reports, information and records provided to 
the 
committee 
are 
confidential 
and 
may 
not 
be 
obtained 
by 
discovery from the committee, the board or its staff. 
Quality 
assurance information may be disclosed to a licensee as part of 
any board-approved educational or corrective process. 
SUMMARY 
This bill extends the deadline for the completion of the 
ambulance vehicle operators course requirements from January 1, 
2005 
to 
January 
1, 
2007, 
corrects 
inconsistencies 
regarding 
complaint procedures between the Maine Emergency Medical Services 
Act 
of 
1982 
and 
the 
Maine 
Administrative 
Procedure 
Act 
and 
clarifies the confidentiality provisions in the areas of quality 
assurance and investigations regarding licensees in the emergency 
medical services field.