An Act To Implement the Recommendations of the Joint Standing Committee on Business, Research and Economic Development Regarding the Board of Licensure in Medicine Pursuant to Reviews Conducted under the State Government Evaluation Act
Maine Legislature, Session 121, LD 1933
Amends: 24 MRSA §2505, 32 MRSA §3266, 32 MRSA §3270, 32 MRSA §3271, 32 MRSA §3276, 32 MRSA §3278, 32 MRSA §3279, 32 MRSA §32

Legislative Document 
No. 1933 
H.P.1432 
House of Representati ves, March 17, 2004 
An Act To Implement the Recommendations of the Joint Standing 
Committee on Business, Research and Economic Development 
Regarding the Board of Licensure in Medicine Pursuant to Reviews 
Conducted under the State Government Evaluation Act 
Reported by Representative SULLIVAN of Biddeford for the Joint Standing Committee on 
Business, Research and Economic Development pursuant to the Maine Revised Statutes, Title 
3, section 955, subsection 4 and Resolve 2003, chapter 101, section l. 
Printed on recycled paper 
17/~ 
frl·711d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 24 MRSA §2505, first" as enacted by PL 1977, c. 492, 
§3, is amended to read: 
Any professional competence committee within this State and 
any 
physician 
licensed 
to 
practice 
or 
otherwise 
lawfully 
practicing within this State shall, and any other person may, 
report the relevant facts to the appropriate board relating to 
the acts of any physician in this State if, in the opinion of the 
committee, physician or other person, the committee or individual 
has reasonable knowledge of acts of the physician amounting to 
gross 
or 
repeated medical 
malpractice, 
habitual 
drunkenness, 
addiction to the use of drugs 
e~L professional incompetence or 
sexual misconduct identified by board rule. The failure of any 
such professional competence committee or any such physician to 
report as required is a civil violation for which a fine of not 
more than $1,000 may be adjudged. 
Sec. 2. 32 MRSA §3266, as amended by PL 1993, c. 600, Pt. A, 
§201, is further amended to read: 
§3266. Elections; meetings; seal; expenses 
The members of the board shall meet on the 2nd Tuesday of 
July of the uneven-numbered years at the time and place the board 
may determine and shall elect a chair and a secretary who shall 
hold their respective offices for 
the term of 
years. 
The 
secretary of the board is--t.-be--1=-Fea&IH:.e''I=--ana shall perform such 
duties as delegated by the board, including license application 
review functions. 
The board through its executive director shall 
receive all fees, charges and assessments payable to the board 
and account for and pay over the same according to law. The board 
shall hold regular meetings, one in March, one in July and one in 
November of each year, and any additional meetings at other times 
and places as it may determine. 
The board shall cause a seal to 
be engraved and shall keep a record of all their proceedings. 
Sec. 3. 32 MRSA §3270.C, sub.§I, as amended by PL 1993, 
c .. 
600, Pt. A, §207, is further amended to read: 
1. 
Grounds. The sanctions of section ~6g~-A 3282-A apply to 
a physician assistant who has: 
A-I. 
Claimed to be legally licensed or 
represent 
that 
physician 
assistant 
as 
license; 
allowed another to 
holding 
a 
valid 
B. 
Performed otherwise than at the direction and under the 
supervision of a physician licensed by this board; 
Page l-LR2834(1) 
C. 
Been delegated and performed a task or tasks beyond the 
physician assistant's competence; and 
D. 
Administered, 
dispensed 
or 
prescribed 
a 
controlled 
substance otherwise than as authorized by law. 
Sec. 4. 32 MRSA §3271, sub-§2, as repealed and replaced by PL 
1995, c. 462, Pt. A, §60, is amended to read: 
2. 
Postgraduate training. 
Each applicant who has graduated 
from an accredited medical school on or after January 1, 1970 
must 
have satisfactorily completed at least 
months 
in 
a 
graduate 
educational 
program 
appFevea 
accredited 
by 
the 
Accreditation Council on Graduate Medical Education, the Canadian 
Medical 
Association 
or 
the 
Royal 
College 
of 
Physicians 
and 
Surgeons 
of 
Canada. 
Notwithstanding 
other 
requirements 
of 
postgraduate training, 
an applicant is eligible for licensure 
when the candidate has satisfactorily graduated from a combined 
postgraduate training program in which each of the contributing 
programs is accredited by the Accreditation Council on Graduate 
Medical Education and the applicant is eligible for accreditation 
by 
the 
American 
Board 
of 
Medical 
Specialties 
in 
both 
specialties. 
Each applicant who has graduated from an accredited 
medical school prior to January 1, 19707 must have satisfactorily 
completed at least 12 months in a graduate educational program 
appFevea accredited by 
the Accreditation Council 
on 
Graduate 
Medical Education, the Canadian Medical Association or the Royal 
College of Physicians and Surgeons of Canada. 
Each applicant who 
has 
graduated 
from 
an unaccredited medical 
school must 
have 
satisfactorily 
completed 
at 
least 
months 
in 
a 
graduate 
educational 
program 
appFevea 
accredited 
by 
the 
Accreditation 
Council 
on 
Graduate 
Medical 
Education, 
the 
Canadian 
Medical 
Association, 
the Royal College of Physicians 
and Surgeons of 
Canada or the Royal Colleges e€-Paysieiaas of England, Ireland or 
Scotland. 
Notwithstanding this subsection, an applicant who is 
board ce rti f ied ia- -t-am-.i-~- p£aet.-iee--a-Hd--w~-e- ~F-aG1:l-a-&eG--p-r-i-().{'- -t.e 
J~±y--~r-~~~--is-~~-~~~-i~-i~~--aeaFa-~~.i-~~-~--aeaFa 
e±i~ia±e-iB-eme~~eRey-~e~£~~~~~~~~~~-~-J~~Y-±T 
1986T by the American Board of Medical Specialties is deemed to 
meet the postgraduate training requirements of this subsection. 
Sec. 5. 32 MRSA §3276, as amended by PL 1999, c. 685, §9, is 
further amended to read: 
§3276. Temporary licensure 
A physician who is qualified under section 3275 may, without 
examination, be granted a temporary license for a period not to 
exceed one yearT when the board determines that this action is 
necessary in order to provide relief for 
local or national 
emergencies or for situations in which the number of physicians 
is insufficient to supply adequate medical services or for the 
purpose of permitting the physician to serve as locum tenens for 
another physician who is licensed to practice medicine in this 
State. The fee for this temporary license may not be more than 
$400. 
Sec. 6. 32 MRSA §3278, as amended by PL 1999, c. 685, §10, is 
fUrther amended to read: 
§3278. Locum tenens 
A physician who 
i6-~~aJi~iea-~~e~-~~~-~~~~r-a&-~he 
ai6e~e~i9B-~~-~~-99aFa7--&&-~~-a--&emp9FaFy--~~-~~-ge 
effee~ive--~F-~--ffi9~e--&ha&-~-ffi9~~h£--a~&eF--~-~~--~he 
p~~p96e-~--peFffii&&i~-~~-~hy&~ia&-~e-~r~-a6-~~~-~eBeB6~ 
~9~--69ffie--9~he~--phy6ieiaB--wh9--i6--~heB--lieeB6ea--~9--F~aeEiee 
ffieaieiBe-i~-~~~~~~~-wh9&e-9wB-Ji£e~£e-~~~-&effi~FaFy-9~ 
liffii~ea--~&QeF--~he-~~~~-~~-~~~-~~~~--i~--~he--MaiBe 
Fhy6ieiaB-~~~~-~9-~~~~~~-F~ae~iee-~~~~~-illBe66 
9~-~e£a~£e-~-~-~~-~he-~e~e~aJ-~~~--~hi&-Fhy6ieiaB~6 
F~ae~iee-9~-~e~--E>-t..fle-r--r~-de-t~-mi-ne4---&u-~~i-G-ien-t:--B-y-~ae-99a~aT 
~he-~ee-~~-~~~-&effip9FaFy-lieeB6e-may-~-~~Fe-~haB presents 
a current active unconditioned license from another United States 
licensing jurisdiction and who can provide reasonable proof of 
meeting gualifications for licensure in this State must be issued 
a license to serve as locum tenens for declared emergencies in 
the State or for other appropriate reasons as determined by the 
board. 
The locum tenens license is effective for not more than 
days. 
The fee for this locum tenens license may be not more 
than $400. 
Sec. 7. 32 MRSA §3279, sub-§ 1, as amended by PL 1993, c . 600 , 
Pt. A, §215, is repealed. 
Sec. 8. 32 MRSA §3279, sub-§§2 and 6, as amended by PL 1993, c. 
600, Pt. A, §215, are further amended to read: 
2. 
Residents. 
An applicant who is qualified under section 
3271, 
subsection 
IT 
may 
receive 
a 
temporary 
educational 
certificate from the board to act as 
a hospital resident. 
A 
certificate to a hospital resident may be renewed 
aBB~ally every 
years at the discretion of the board for not more than 
§ 
I 
years. 
6. 
Fees. 
The board shall set fees 
for physicians 
and 
students licensed pursuant to this section. 
The amounts set for 
licenses issued under this section may not be more than $lGG $300. 
Sec. 9. 32 MRSA §32S0-A, sub-§2, ,A, as enacted by PL 1993, c. 
526, §2 and affected by §4, is amended to read: 
A. 
The board may pose any question to the licensee or other 
sources that the board determines appropriate related to 
qualif ication for relicensure. 
These matters may include, 
but are not limited to, 
confirmation of health status, 
professional standing and conduct, 
professional liability 
claims history and license status in other jurisdictions. 
The board shall, after affording the licensee due process, 
deny license renewal if the board finds cause that may be 
considered grounds for refusal to renew the license pursuant 
to 
section 
3282-A, 
including, 
but 
not 
limited 
to, 
a 
determination that an outstanding financial obligation to 
the board exists; and 
SUMMARY 
This 
bill 
implements 
the 
recommendations 
of 
Standing Committee on Business, Research and Economic 
pursuant to its review of the Board of Licensure 
under the State Government Evaluation Act. 
This bill: 
the 
Joint 
Development 
in Medicine 
1. 
Delegates to the secretary of the Board of Licensure in 
Medicine certain duties, including license application reviews, 
and to the board's executive director the receipt of fees; 
2. 
Recognizes combined training programs not yet accredited 
as well as physician training in the United Kingdom other than 
internal medicine and surgery, and updates postgraduate training 
requirements to recognize specialty board certification; 
3. 
Clarifies temporary and emergency locum tenens licensure 
provisions; 
4. 
Updates 
requirements 
for 
certification 
during 
postgraduate training; 
5. 
Allows licenses to be denied referral when a debt is 
owed to the board; 
6. 
Mandates reporting of sexual misconduct; and 
7. 
Makes other technical corrections to existing statutes.