An Act To Amend the Rights and Liabilities of the Supervisory Physician of a Physician Assistant, . . ,.
Maine Legislature, Session 124, LD 1574
Committee: Legal and Veterans Affairs
Sponsors: CAREY, SULLIVAN, BEAULIEU, FITTS, KNIGHT, LAJOIE, SAVIELLO, STUCKEY, VALENTINO
Amends: 37-B MRSA §185

Legislative Document 
No. 1574 
H.P. 1112 
House of Representatives, December 22, 2009 
An Act To Amend the Rights and Liabilities of the Supervisory 
Physician of a Physician Assistant, 
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Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Received by the Clerk of the House on December 18, 2009. Referred to the Committee on 
Legal and Veterans Affairs pursuantto Joint Rule308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative CAREY of Lewiston. 
Cosponsored by Senator SULLIVAN of York and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAULIEU of Auburn, CORNELL du HOUX ofBnmswick, FITTS of 
Pittsfield, KNIGHT of Livermore Falls, LAJOIE of Lewiston, SAVIELLO of Wilton, 
STUCKEY of Portland, VALENTINO of Saco. 
Plinted on recycled pilpcr 
Be it enacted by the People oftlle State of Maine as follows: 
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Sec. 1. 37-B MRSA §185, sub,;;§l, as amended by PL 1995, c. 196, Pt. B, §2, is 
further amended to read: 
1. Immunity from civil and criminal liability. A member of the state military 
forces may not be liable civilly or criminally for any act done or caused, ordered or 
directed to be done by that member while on active state service in the performance of 
that member's duty. If an action of any nature has been commenced in any court by any 
person against an officer or enlisted member of the state m.i1itary forces for such an act, 
done or caused, ordered or directed to be done, all expenses of the defense of the action, 
including fees of witnesses for the defense, defendant's court costs, and all costs for 
transcripts of records and abstract thereof on appeal, must be paid by the State out of the 
Military Fund. When the action is civil, it is the duty of the Attorney General to defend 
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that officer or enlisted member. When the action is criminal, the Adjutant General shall 
designate a judge advocate of the National Guard or other authorized state military or 
naval force to conduCt the defense of the member. If the services of a judge advocate are 
not available, the Adjutant General shall select some other competent attorney to conduct 
the defense. In any civil action, the defendant may require the person instituting the 
action to file security for payment of costs that may be awarded the defendant, which 
costs, if paid out of the Military Fund, when received, must be paid into the State 
Treasury and credited to the Military Fund. This subsection applies to the actions of a 
supervisory physician of a physician assistant under Title 32, section 3270-B who is on 
active state service in the performance of the physician assistant's duty without regard to 
the duty status of the supervisory physician. 
SUMMARY 
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This bill amends the rights and liabilities of military force members to provide 
immunity to the supervisory physician of a physician assistant regardless of the duty 
status of the supervisory physician. 
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