An Act To Clarify Reporting Responsibilities to Licensing Boards
Maine Legislature, Session 122, LD 0697
Committee Amendment CA_A_S130 (Senate)

COMMITTEE AMENDMENT "A" to S.P. 234, L.D. 697, Bill, 
Act To Clarify Reporting Responsibilities to Licensing Boards" 
"An 
Amend the bill in section 1 by striking out all of that part 
designated "§2506." and inserting in its place the following: 
'§2506. 
Provider, entity and carrier reports 
A health care provider or health care entity shall, within 
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been 
revoked, 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 actionT ; the 
name of the practitioner involved; the date, the location and a 
description of the event or events giving rise to the adverse 
action; and identification of the complainant involved in the 
adverse action. 
Upon written request, the following information 
must be released to the board or authority+ within 20 days of 
receipt of the reguest: the names of the patients whose care by 
the disciplined practitioner gave rise to the adverse action; 
medical records relating to the event or events giVing rise to 
the adverse action; written statements signed or prepared by any 
witness or complainant to the event; and related correspondence 
between the practitioner and the provider or entity. 
The report 
Page l-LR06Sl(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 234, L.D. 697 
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been revoked, suspended, limited or otherwise adversely affected 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been revoked, suspended, limited or otherwise adversely affected 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 
:E'l:'9viael:' 
provider's 
or 
health 
care 
eRt;it;y 
entity's 
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. 
If the adverse action requiring a report 
as 
a result o,f 
a reversal, modification or change of action 
consists of the revocation. suspension or limitation of clinical 
privileges 
of 
a 
physician. 
physician 
assistant 
or 
advanced 
practice registered nurse by a health care provider or health 
care entity for 
reasons 
relating to clinical 
competence 
or 
unprofessional conduct and is taken pursuant to medical staff 
bylaws or other credentialing and privileging policies. whether 
or not the practitioner is employed by that health care provider 
or entity, then the provider or entity shall include in its 
initial report to the disciplined practitioner's licensing board 
or 
authority the 
names 
of all patients 
whose 
care 
by 
the 
disciplined practitioner gave rise to the adverse action. 
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 $lT999 $5.000 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.' 
SUMMARY 
This amendment broadens the scope of information that must 
be provided by a health care provider or health care entity to 
the 
relevant board or authority following 
an adverse action 
against a practitioner. 
It also increases the fine for a civil 
violation of the provision of law from $1,000 to $5,000. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/21105 ~ac:.. 
LD697 
LR 0651(02) 
An Act To Clarify Reporting Responsibilities to Licensing Boards 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - General Fund 
Additional costs to the Office of Licensing and Registration within the Department of Professional and Financial 
Regulation can be absorbed utilizing existing budgeted resources. 
Increasing the amount that may be assessed in fines as a result of a civil violation may increase General Fund revenue 
beginning in fiscal year 2005-06. The amount can not be determined at this time but is not expected to be significant. 
LR0651(2) - Fiscal Note - Page 1 of 1