An Act To Amend the Health Care Practitioner Licensing, Disciplinary and Reporting Laws Regarding Alcohol and Drug Abuse
Maine Legislature, Session 126, LD 0411
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PRINGLE, GRATWICK, CASSIDY, GRAHAM, KORNFIELD, TYLER, WHITTEMORE
Amends: 24 MRSA §2504, 24 MRSA §2505, 32 MRSA §1077, 32 MRSA §2105-A, 32 MRSA §2591-A, 32 MRSA §3282-A, 32 MRSA §3656, 32 MRSA §13742-A

Legislative Document 
No. 411 
H.P. 286 
House of Representatives, February 12, 2013 
An Act To Amend the Health Care Practitioner Licensing, 
Disciplinary and Reporting Laws Regarding Alcohol and Drug 
Abuse 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PRINGLE of Windham. 
Cosponsored by Senator GRATWICK of Penobscot and 
Representatives: CASSIDY of Lubec, GRAHAM of North Yarmouth, KORNFIELD of 
Bangor, TYLER of Windham, Senator: WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24 MRSA §2504, as enacted by PL 1977, c. 492, §3, is amended to read: 
§2504.  Professional societies 
Every state professional society shall establish a professional competence committee 
of its members pursuant to written bylaws approved by the society's governing board. The 
committee shall receive, investigate and determine the accuracy of any report made to the 
society of any member physician's acts amounting to gross or repeated medical 
malpractice, habitual drunkenness, addiction to the use of drugs use of alcohol or drugs 
that may indicate a substance use disorder or professional incompetence. 
Sec. 2.  24 MRSA §2505, first ¶, as amended by PL 2007, c. 380, §1, is further 
amended to read: 
Any professional competence committee within this State and any physician licensed 
to practice or otherwise lawfully practicing within this State shall, and any other person 
may, report the relevant facts to the appropriate board relating to the acts of any physician 
in this State if, in the opinion of the committee, physician or other person, the committee 
or individual has reasonable knowledge of acts of the physician amounting to gross or 
repeated medical malpractice, habitual drunkenness, addiction to the use of drugs use of 
alcohol or drugs that may indicate a substance use disorder, professional incompetence, 
unprofessional conduct or sexual misconduct identified by board rule. The failure of any 
such professional competence committee or any such physician to report as required is a 
civil violation for which a fine of not more than $1,000 may be adjudged. 
Sec. 3.  32 MRSA §1077, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, 
§62, is further amended to read: 
B.  Habitual A substance abuse use disorder that has resulted or is foreseeably likely 
to may result in the licensee performing services in a manner that endangers the 
health or safety of patients; 
Sec. 4.  32 MRSA §2105-A, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, 
§116, is further amended to read: 
B.  Habitual A substance abuse use disorder that has resulted or is foreseeably likely 
to may result in the licensee performing services in a manner that endangers the 
health or safety of patients; 
Sec. 5.  32 MRSA §2591-A, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, 
§181, is further amended to read: 
B.  Habitual A substance abuse use disorder that has resulted or is foreseeably likely 
to may result in the licensee performing services in a manner that endangers the 
health or safety of the licensee's patients; 
Sec. 6.  32 MRSA §3282-A, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, 
§218, is further amended to read: 
B.  Habitual A substance abuse use disorder that has resulted or is foreseeably likely 
to may result in the licensee performing services in a manner that endangers the 
health or safety of patients; 
Sec. 7.  32 MRSA §3656, sub-§1, as enacted by PL 2007, c. 402, Pt. P, §14, is 
amended to read: 
1.  Substance use disorder.  Habitual A substance abuse use disorder that has 
resulted or is foreseeably likely to may result in the applicant or licensee performing 
services in a manner that endangers the health or safety of the licensee's patients; 
Sec. 8.  32 MRSA §13742-A, sub-§1, ¶A, as enacted by PL 2007, c. 402, Pt. DD, 
§19, is amended to read: 
A.  Habitual A substance abuse use disorder that has resulted or is foreseeably likely 
to may result in the applicant or licensee performing duties in a manner that 
endangers the health or safety of patients; 
SUMMARY 
This bill amends provisions of the Maine Health Security Act regarding the reporting 
of physicians with possible drug or alcohol problems to licensing authorities and 
provisions of the health care practitioner licensing laws dealing with grounds for 
discipline.  Currently, substance use by a practitioner that is foreseeably likely to result in 
endangering patients is grounds for discipline; this bill instead provides that substance use 
that may result in endangering patients is grounds for discipline.  This bill also updates 
terminology used to reference drug or alcohol problems.