An Act To Amend the Laws Concerning Informal Conferences as Part of the Board of Licensure in Medicine's Disciplinary Proceedings
Maine Legislature, Session 124, LD 0089
Committee: Business, Research and Economic Development
Sponsors: RECTOR, SMITH, AUSTIN, CLEARY
Amends: 32 MRSA §3282-A

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU 
FIRST REGULAR SESSIOf~-2009 
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Legislative Document 
No. 89 
S.P.38 
January 13,2009 
An Act To Amend the Laws Concerning Informal Conferences as 
Part of the Board of Licensure in Medicine's Disciplinary 
Proceedings 
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 RECTOR of Knox. 
Cosponsored by Representative SMITH of Monmouth and 
9t~(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: AUSTIN of Gray, CLEARY of Houlton, MacDONALD of Boothbay. 
Printed on recycled paper 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §3282-A, sub-§l, as amended by PL 1999, c. 547, Pt. B, §67 and 
affected by §80, is further amended to read: 
1. Disciplinary proceedings and sanctions. The board 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 any rules adopted by the board. 
The board shall notify the licensee of the content of a complaint filed against the licensee 
as soon as possible, but not later than 60 days after receipt of tIns infonnation. The 
licensee shall respond within 30 days. The board shall share the licensee's response with 
the complainant, unless the board detennines that it would be detrimental to the health of 
the complainant to obtain the response. 
If the licensee's response to the complaint 
satisfies the board that the complaint does not merit further investigation or action, the 
matter may be disnllssed, with notice of the disnllssal to the complainant, if any. 
If, in the opinion of the board, 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 a subcomnlittee 
of the board may request an informal conference with the licensee. The board shall 
provide the licensee with adequate notice of the conference and the issues to be 
discussed. The complainant may attend and may be accompanied by up to 2 individuals, 
including legal counsel. The conference must be conducted in executive session of the 
board, pursuant to Title 1, section 405, unless otherwise requested by the licensee. 
Before the board decides what action to take at the conference or as a result of the 
conference, the board shall give the complainant a reasonable opportunity to speak. 
Statements made at the conference may not be introduced at a subsequent formal hearing 
unless all parties consent. The complainant, the licensee or either of their representatives 
shall maintain the confidentiality of the conference. 
When a complaint has been filed against a licensee and the licensee moves or has moved 
to another state, the board may report to the appropriate licensing board in that state the 
complaint that has been filed, other complaints in the physician's record on which action 
was taken and disciplinary actions of the board with respect to that physician. 
When an individual applies for a license under this chapter, the board may investigate the 
professional record of that individual, including professional records that the individual 
may have as a licensee in other states. The board may deny a license or authorize a 
restricted license based on the record of the applicant in other states. 
If the board fmds 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 it detennines 
appropriate. 
A. With the consent of the licensee, the board may enter into a consent agreement that 
fixes the period and terms of probation best adapted to protect the public health and 
safety and rehabilitate or educate the licensee. A consent agreement may be used to 
tenninate a complaint investigation, if entered into by the board, the licensee and the 
Attorney General's office. 
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B. In consideration for acceptance of a voluntary surrender of the license, the board may 
negotiate stipulations, including telIDS and conditions for reinstatement, that ensure 
protection of the public health and safety and serve to rehabilitate or educate the licensee. 
These stipulations may be set forth only in a consent agreement signed by the board, the 
licensee and the Attomey General's office. 
C. If the board concludes that modification or nonrenewal of the license is in order, the 
board shall hold an adjudicatory hearing in accordance with Title 5, chapter 375, 
subchapter W :1:. 
D. If the board concludes that suspension or revocation of the license is in order, the 
board shall file a complaint in the District Court in accordance with Title 4, chapter 5. 
The board shall require a licensee to notify all patients of the licensee of a probation or 
stipulation under which the licensee is practicing as a result of board disciplinary action. 
TIlls requirement does not apply to a physician participating in an alcohol or drug 
treatment program pursuant to Title 24, section 2505, a physician who retires following 
charges made or complaints investigated by the board or a physician under the care of a 
professional and whose medical practices and services are not reduced, restricted or 
prohibited by the disciplinary action. 
SUMMARY 
TIllS bill would allow a subcommittee of the Board of Licensure in Medicine to request 
an informal conference with a licensee when the board finds a complaint warrants further 
action. 
Currently, only the full board may request an informal conference. TIllS bill is 
intended to facilitate complaint resolution and disciplinary proceedings.