An Act To Authorize the State Board of Nursing To Request Mental and Physical Examinations and To Establish a Nurse Health Program (~
Maine Legislature, Session 124, LD 0094
Committee: Business, Research and Economic Development
Sponsors: PERRY, RECTOR, AUSTIN, DRISCOLL, PENDLETON, SMITH, GERZOFSKY
Amends: 24 MRSA §2502, 32 MRSA §2105-A

MAINE STATE LEGISLATURE 
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124th MAl ELEGISLATU 
FIRST RRGULAR SESSION-2009 
Legislative Document 
No. 94 
H.P.78 
House of Representatives, January 12,2009 
An Act To Authorize the State Board of Nursing To Request Mental 
and Physical Examinations and To Establish a Nurse Health 
Program 
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Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
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,----,,' 
Rule 204. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
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Presented by Representative PERRY of Calais. 
Cosponsored by Senator RECTOR of Knox and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: AUSTIN of Gray, DRISCOLL of Westbrook, PENDLETON of Scarborough, 
SMITH of Monmouth, Senator: GERZOFSKY of Cumberland. 
Printed 011 n:cyt:h,:tll):Jpc:r 
Be it enacted by the People of the State of Maine as follows: 
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Sec. 1. 24 MRSA §2502, sub-§4-A, as amended by PL 2007, c. 288, §1, is further 
amended to read: 
4-A. 
Professional review committee. 
"Professional review committee" means a 
committee of physicians, dentists, pharmacists, nurses or a combination of members of all J 1 
professions formed by a professional society for the purpose of identifying and working with 
physicians, dentists and other licensees of the Board of Dental Examiners, physician 
assistants, pharmacists and pharmacy technicians and nurses who are disabled or impaired by 
virtue of physical or mental infmnity or by the misuse of alcohol or drugs, as long as the 
committee operates pursuant to protocols approved by the Board of Licensure in Medicine, 
the Board of Dental Examiners, the Board of Osteopathic Licensure tmtl" the Maine Board of 
Pharmacy and the State Board of Nursing. 
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Sec. 2. 32 MRSA §2105-A, sub-§4 is enacted to read: 
4. Authority to request mental and pbysical examinations. For the purposes of this 
section, by application for and acceptance of a license to practice, a nurse is considered to 
have given consent to a mental or physical. examination when directed by the board. The. 
board may direct a nurse to submit to an examination whenever the board determines the 
nurse may be suffering from a mental illness that may be interfering with the competent 
practice of nursing or from the use of intoxicants or drugs to an extent that they are 
preventing the nurse from practicing nursing competently and with safety to patients. A nurse 
examined pursuant to an order of the board may not prevent the testimony of the examining 
individual or prevent the acceptance into evidence of the report of an examining individual in 
a proceeding under subsection I-A. Failure to comply with an order of the board to submit to 
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a mental or physical examination results in the immediate suspension of the license of the 
nurse by order of the District Court until the nurse submits to the examination. 
Sec. 3. 32 MRSA §2105-A, sub-§5 is enacted to read: 
5. Nurse bealth program. 
The board may establish protocols for the operation of a 
professional review committee as defined in Title 24, section 2502, subsection 4-A. The 
protocols must include the committee's reporting information the board considers appropriate 
regarding. reports received, contracts or investigations made and the disposition of each 
report, as long as the committee is not required to disclose any personally identifiable 
information. The protocols may not prohibit an impaired nurse from seeking alternative forms 
of treatment. 
The board may contract with other agencies, individuals, firms or associations for the conduct 
and operation of a nurse health program operated by a professional review committee as that 
term is dermed in Title 24, section 2502, subsection 4-A. . 
Sec. 4. 
Appropriations and allocations.. 
The following appropriations and 
allocations are made. 
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF 
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State Board of Nursing 0380 
Initiative: Allocates dedicated revenue funds for the State Board of Nursingto contract with 
an agency to operate a nurse health program beginning in September 2009. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2009-10 
$100,000 
$100,000 
2010-11 
$120,000 
$120,000 
This bill provides authority for the State Board of Nursing to require an applicant for 
licensure or a licensee to undergo a physical or mental health examination for purposes of 
determining fitness to practice nursing. The language is consistent with that found in medical 
and dental statutes. 
The bill also provides for an alternative to a discipline program for nurses with substance 
abuse history by creating a nurse health program consistent with those available for other 
health care providers.