An Act To Clarify Reporting Responsibilities to Licensing Boards
Maine Legislature, Session 122, LD 0697
Committee: Business, Research and Economic Development
Sponsors: HOBBINS, SMITH, SULLIVAN, MARRACHE
Amends: 24 MRSA §2506, 24 MRSA §2510

Legislative Document 
No. 697 
S.P.234 
In Senate, February 10,2005 
An Act To Clarify Reporting Responsibilities to Licensing Boards 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator HOBBINS of York. 
Cosponsored by Representative SMITH of Monmouth and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: SULLIVAN of York, Representative: MARRACHE of Waterville. 
Printed on recycled paper . 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 24 MRSA §2506, as amended by PL 1997, c. 697, §5, is 
further amended to read: 
§2506. 
Provider, entity and carrier reports 
A health care provider or health care entity shall, wi thin 
days, 
report in writing to the disciplined practitioner's 
board 
or 
authority 
the 
name 
of 
any 
licensed, 
certified or 
registered employee 
or person privileged by 
the provider or 
entity 
whose 
employment 
or 
privileges 
have 
been 
revoked, 
suspended, 
limited or terminated or who 
resigned while under 
investigation or to avoid investigation for reasons related to 
clinical 
competence 
or 
unprofessional 
conduct, 
together 
with 
pertinent 
information 
relating 
to 
that 
action. 
Pertinent 
information includes a description of the adverse action, 
the 
name of the practitioner involved, the date, the location and a 
description of the event or events giving rise to the adverse 
action, identification of the complainant and the medical records 
involved. 
Upon 
request, 
the 
following 
information 
must 
be 
released to the board or authority: 
medical records relating to 
the event or events; written statements signed or prepared by any 
wi tness or complainant to the event; and related correspondence 
between the practitioner and the provider or entity. 
The report 
must include situations in which employment or privileges have 
been revoked, suspended, limited or otherwise adversely affected 
by action of the health care practitioner while the health care 
practitioner was the subject of disciplinary proceedings, and it 
also must include situations where employment or privileges have 
been revoked, suspended, limited or otherwise adversely affected 
by act of the health care practitioner in return for the health 
care provider or health care entity terminating such proceeding. 
Any reversal, modification or change of action reported pursuant 
to 
this 
section 
must 
be 
reported 
immediately 
to 
the 
practitioner's 
board 
or 
authority, 
together 
with 
a 
brief 
statement of 
the 
reasons 
for 
that reversal, 
modification or 
change. 
The failure of any health care provider or health care 
entity to report as required is a civil violation for which a 
fine of not more than $1,000 may be adjudged. 
Carriers providing managed care plans are subject to the 
reporting requirements of this section when they take adverse 
actions against a practitioner's credentials or employment for 
reasons related to clinical competence or unprofessional conduct 
that may adversely affect the health or welfare of the patient. 
Page l-LR0651(1) 
, 
Sec. 2. 24 MRSA §2510, sub-§l, ,B, as enacted by PL 1977, c. 
492, §3, is amended to read: 
B. 
To governmental licensing or disciplinary authorities of 
any jurisdiction or to any health care providers or health 
care entities located within or outside this State wsies 
that are concerned with granting, 
limiting or denying 
a 
physician 's sespita;!' privileges, pl'eV'i-EleG-.t.sat but only if 
the board ssall-4R€±~ae includes along with the transfer an 
indication as to whether or not the information has been 
substantiated by the board; 
SUMMARY 
This 
bill specifies 
the 
information 
to 
be 
reported 
by 
providers 
of 
health 
care 
to 
licensing 
boards 
regarding 
health-care-related discipline of licensed professionals by the 
providers. 
It clarifies 
that all health 
care 
entities 
are 
covered by this reporting requirement and it confirms the ability 
of 
the practitioner's board of 
licensure to 
share otherwise 
confidential investigative information with health care providers 
who credential licensees.