An Act To Authorize the Board of Licensure of Podiatric Medicine and the State Board of Veterinary Medicine To Establish a Podiatrist Health Program and a Veterinarian Health Program
Maine Legislature, Session 125, LD 1023
Committee: Health and Human Services
Sponsors: STRANG BURGESS, CRAVEN, FOSSEL, MALABY, O'CONNOR, PETERSON, SANBORN, STUCKEY, FARNHAM
Amends: 24 MRSA §2502, 24 MRSA §2510, 32 MRSA §3605-B, 32 MRSA §4859

Legislative Document 
No. 1023 
H.P. 759 
House of Representatives, March 10, 2011 
An Act To Authorize the Board of Licensure of Podiatric Medicine 
and the State Board of Veterinary Medicine To Establish a 
Podiatrist Health Program and a Veterinarian Health Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STRANG BURGESS of Cumberland. 
Cosponsored by Senator CRAVEN of Androscoggin and 
Representatives: FOSSEL of Alna, MALABY of Hancock, O'CONNOR of Berwick, 
PETERSON of Rumford, SANBORN of Gorham, STUCKEY of Portland, Senators: 
FARNHAM of Penobscot, McCORMICK of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24 MRSA §2502, sub-§1-A, as enacted by PL 1985, c. 804, §§3 and 22, 
is amended to read: 
1-A.  Health care practitioner.  "Health care practitioner" means physicians and all 
others certified, registered or licensed in the healing arts, including, but not limited to, 
nurses, podiatrists, optometrists, chiropractors, physical therapists, dentists, psychologists 
and, physicians' assistants and veterinarians. 
Sec. 2.  24 MRSA §2502, sub-§1-C, as enacted by PL 1997, c. 697, §1, is 
amended to read: 
1-C.  Adverse professional competence review action.  "Adverse professional 
competence review action" means an action based upon professional competence review 
activity to reduce, restrict, suspend, deny, revoke or fail to grant or renew a physician's or 
veterinarian's: 
A.  Membership, clinical privileges, clinical practice authority or professional 
certification in a hospital or, other health care entity or veterinary hospital; or 
B.  Participation on a health care entity's provider panel. 
Sec. 3.  24 MRSA §2502, sub-§2, as amended by PL 1985, c. 804, §§4 and 22, is 
further amended to read: 
2.  Health care provider.  "Health care provider" means any hospital, clinic, nursing 
home or other facility in which skilled nursing care or medical services are prescribed by 
or performed under the general direction of persons licensed to practice medicine, 
dentistry, podiatry or surgery in this State and which that is licensed or otherwise 
authorized by the laws of this State.  "Health care provider" includes a veterinary 
hospital. 
Sec. 4.  24 MRSA §2502, sub-§3, as enacted by PL 1977, c. 492, §3, is amended 
to read: 
3.  Physician.  "Physician" means any natural person authorized by law to practice 
medicine or, osteopathic medicine or veterinary medicine within this State. 
Sec. 5.  24 MRSA §2502, sub-§4-A, as amended by PL 2009, c. 47, §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 
professions health care practitioners 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 
health professionals who are disabled or impaired by virtue of physical or mental 
infirmity 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, the Maine Board of Pharmacy and the 
State Board of Nursing various licensing boards that license the health professionals the 
committee serves. 
Sec. 6.  24 MRSA §2510, sub-§6, as amended by PL 1993, c. 600, Pt. B, §§21 
and 22, is further amended to read: 
6.  Disciplinary action.  Disciplinary action by the Board of Licensure in Medicine 
shall be is in accordance with Title 32, chapter 48; disciplinary action by the Board of 
Osteopathic Licensure shall be is in accordance with Title 32, chapter 36; and disciplinary 
action by the State Board of Veterinary Medicine is in accordance with Title 32, chapter 
71-A. 
Sec. 7.  32 MRSA §3605-B, sub-§3, as enacted by PL 1993, c. 600, Pt. A, §239, 
is amended to read: 
3.  Rules.  Adopt rules in accordance with the Maine Administrative Procedure Act, 
as it determines necessary to carry out the purposes of this chapter; and 
Sec. 8.  32 MRSA §3605-B, sub-§7 is enacted to read: 
7.  Podiatrist health 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 protocol may not prohibit an impaired podiatrist 
from seeking alternative forms of treatment. 
The board has the power to contract with other agencies, individuals, firms or 
associations for the conduct and operation of a podiatrist health program operated by a 
professional review committee. 
Sec. 9.  32 MRSA §4859, sub-§3, as amended by PL 2007, c. 402, Pt. R, §4, is 
further amended to read: 
3.  After hearing, adopt, amend or repeal rules. After hearing, adopt, amend or 
repeal rules in accordance with Title 5, chapter 375, subchapter 2, necessary to carry into 
effect this chapter. These rules must be made in accordance with the purpose and intent of 
the law and the standards set forth in this chapter and include, but are not limited to, rules 
concerning misconduct, fraud, advertising, standards of competency, personal conduct, 
standards of sanitation for the operation of veterinary hospitals, associations with other 
veterinarians, unprofessional conduct and qualifications for licensure.  Rules adopted 
pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, 
subchapter 2-A; and 
Sec. 10.  32 MRSA §4859, sub-§6, as amended by PL 2007, c. 402, Pt. R, §4, is 
further amended to read: 
6.  License veterinary technicians. License veterinary technicians in accordance 
with procedures as the board may prescribe by rule.  Rules adopted pursuant to this 
subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.; 
and 
Sec. 11.  32 MRSA §4859, sub-§9 is enacted to read: 
9.  Veterinarian health 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 protocol may not prohibit an impaired 
veterinarian or veterinary technician from seeking alternative forms of treatment. 
The board has the power to contract with other agencies, individuals, firms or 
associations for the conduct and operation of a veterinarian health program operated by a 
professional review committee. 
SUMMARY 
This bill authorizes the Department of Professional and Financial Regulation, Board 
of Licensure of Podiatric Medicine and  State Board of Veterinary Medicine to establish 
health programs to allow them to participate in a medical professionals health program 
created to promote the identification, treatment and recovery of health professionals 
diagnosed with substance abuse disorders or other mental illness.  The program currently 
has contracts with the Board of Licensure in Medicine, the Board of Osteopathic 
Licensure, the Board of Dental Examiners, the Maine Board of Pharmacy and the State 
Board of Nursing.