An Act Establishing Health Care Practitioner Transparency Requirements
Maine Legislature, Session 126, LD 0727
Committee Amendment CA_A_S154 (Senate)

COMMITTEE AMENDMENT "A.." to S.P. 265, L.D. 727, Bill, "An Act 
Establishing Health Care Practitioner Transparency Requirements" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 24 MRS A §2988 is enacted to read: 
§2988. Identification of health care practitioners; advertising 
1. 
Definitions. 
For the purposes of this section, unless the context otherwise 
indicates, the following terms have the following meanings. 
A. "Advertisement" means a. communication, whether printed, electronic or oral, that 
names a health care practitioner and the practice, profession or institution in which 
the practitioner is employed, volunteers or otherwise provides health care services. 
"Advertisement" includes business cards, letterhead, patient brochures, e-mail, 
Internet, audio and video communications and any other communication used in the 
course ofbusiness.y· 
B. "Deceptive or misleading advertising" includes, but is not limited to, use of an 
advertisement that misstates, falsely describes, falsely holds out or falsely details the 
health care practitioner's professional skills, training, expertise, education, board 
certification or licensure. 
2. Advertising. A health care practitioner who advertises health care services shall 
disclose in an advertisement the applicable license under which the health care 
practitioner is authorized to provide services. The advertisement: 
A. May not constitute deceptive or misleading advertising; and 
B. 
Must include the health care practitioner's name, the type of license the 
practitioner holds and the conunon term for the practitioner's profession. 
COMMIT'TEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to S.P. 265, L.D. 727 
3. 
Identification. 
A health care practitioner shall comply with the following 
identification requirements. A health care practitioner who does not have direct patient 
care interactions is not subject to the provisions of this subsection. 
A. A health care practitioner shall display a copy of the practitioner's license in a 
prominent place in an office area visible to current and prospective patients. If the 
health care practitioner sees patients in a setting outside of a licensed health care 
facility, the copy must be of sufficient size to be visible and apparent to patients, 
except that a copy no smaller than the original license is deemed to be sufficient. 
B. A health care practitioner seeing patients on a face-to-face basis shall wear a 
name badge or some other form of identification that clearly discloses: 
(1) The health care practitioner's name; 
(2) The type of license. registration or certification the health care practitioner 
holds. including the common term for the health care practitioner's profession; 
and 
(3) The health care practitioner's medical staff position, if applicable. 
4. 
Complaints; disciplinary action. 
A person may file a complaint with the 
appropriate licensing board regarding a health care practitioner who fails to provide the 
consumer information required in this section. A health care practitioner who violates 
any provision of this section engages in unprofessional conduct and is subject to 
disciplinary action under the applicable licensing provisions of the health care 
practitioner. 
5. Authority of licensing board. This section may not be construed to limit the 
authority of a licensing board to impose requirements for professional conduct and 
advertising on a health care practitioner in addition to the requirements of this section.' 
SUMMARY 
This amendment reallocates and clarifies the provisions of the bill except for the 
current law regarding notification of charges for health care service. 
This amendment clarifies health care practitioner identification requirements and the 
disciplinary actions that may be taken for failure to comply with these consumer 
information requirements. The amendment provides that a licensing board may impose 
additional requirements on a health care practitioner for professional conduct and 
advertising. The amendment removes the provision in the bill addressing disclosure of 
charges for health care services because it is included in other legislation. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05129/13 
frac:.. 
LD727 
LR 1602(02) 
An Act Establishing Health Care Practitioner Transparency Requirements 
Fiscal Note for Bill as Amended by Committee Amendment 1\(l~4 ") 
Committee: )[nsurance and Financial Services 
Fis·cal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the licensing boards affiliated with the Department of Professional and Financial Regulation 
associated with rulemaking can be absorbed within existing budgeted resources. 
LR1602(02) - Fiscal Note - Page 1 of 1