An Act To
Maine Legislature, Session 126, LD 1437
Committee Amendment CA_A_H424 (House)
Amends: 24 MRSA §2505, 32 MRSA §3271

COMMITTEE AMENDMENT "{t,, to H.P. 1026, L.D. 1437, Bill, "An Act To 
Amend the Laws Regarding Licensure of Physicians and Physician Assistants" 
Amend the bill by striking out all of sections 1 and 2 and inserting the following: 
'Sec. 1. 24 MRSA §2505, first " as amended by PL 2013, c. 105, §2, is further 
amended to read: 
Any professional competence committee within this State and any physician or 
physician assistant 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 or physician assistant in this State if, in the opinion of the 
committee, physician, physician assistant or other person, the committee or individual has 
reasonable knowledge of acts of the physician or physician assistant amounting to gross 
or repeated medical malpractice, misuse of alcohol, drugs or other substances that may 
result in the physician's or the physician assistant's performing services in a manner that 
endangers the health or safety of patients, professional incompetence, unprofessional 
conduct or sexual misconduct identified by board rule. The failure of any such 
professional competence committee or any such physician or physician assistant to report 
as required is a civil violation for which a fine of not more than $1,000 may be adjudged. 
Sec. 2. 24 MRSA §2505, 2nd " as amended by PL 2013, c. 105, §3, is further 
amended to read: 
Except for specific protocols developed by a board pursuant to Title 32, section 1073, 
2596-A or 3298, a physician or physician assistant, dentist or committee is not 
responsible for reporting misuse of alcohol, drugs or other substances or professional 
incompetence or malpractice as a result of physical or mental infirmity or by the misuse 
of alcohol, drugs or other substances discovered by the physician, physician assistant, 
dentist or committee as a result of participation or membership in a professional review 
committee or with respect to any information acquired concerning misuse of alcohol, 
drugs or other substances or professional incompetence or malpractice as a result of 
physical or mental infirmity or by the misuse of alcohol, drugs or other substances, as 
long as that information is repOlted to the professional review committee. NAtl:!if!!? if! tAil< 
COMMITTEE AMENDMENT 
~orS 
COMMITTEE AMENDMENT" A 
.. to H.P. 1026, L.D. 1437 
This section may does not prohibit an impaired physician, physician assistant or dentist 
from seeking alternative forms of treatment.' 
Amend the bill by inserting after section 5 the following: 
'Sec. 6. 32 MRSA §3271, sub-§2, as amended by PL 2005, c. 162, §2, is further 
amended to read: 
2. Postgraduate training. Each applicant who has graduated from an accredited 
medical school on or after January 1, 1970 but before July 1, 2004 must have 
satisfactorily completed at least 24 months in a graduate educational program accredited 
by the Accreditation Council on Graduate Medical Education, the Canadian Medical 
Association or the Royal College of Physicians and Surgeons of Canada. 
Notwithstanding other requirements of postgraduate training, an applicant is eligible for 
licensure when the candidate has satisfactorily graduated from a combined postgraduate 
training program in which each of the contributing programs is accredited by the 
Accreditation Council on Graduate Medical Education and the applicant is eligible for 
accreditation by the American Board of Medical Specialties in both specialties. Each 
applicant who has graduated from an accredited medical school prior to January 1, 1970 
must have satisfactorily completed at least 12 months in a graduate educational program 
accredited by the Accreditation Council on Graduate Medical Education, the Canadian 
Medical Association or the Royal College of Physicians and Surgeons of Canada. Each 
applicant who has graduated from an accredited medical school on or after July 1, 2004 
or an unaccredited medical school must have satisfactorily completed at least 36 months 
in a graduate educational program accredited by the Accreditation Council on Graduate 
Medical Education, the Canadian Medical Association, the Royal College of Physicians 
and Surgeons of Canada or the Royal Colleges of England, Ireland or Scotland. An 
applicant who has completed 24 months of postgraduate training and has received an 
unrestricted endorsement from the director of an accredited graduate education program 
in the State is considered to have satisfied the postgraduate training requirements of this 
subsection if the applicant continues in that program and completes 36 months of 
postgraduate training. 
Notwithstanding this subsection, an applicant who is board 
certified by the American Board of Medical Specialties is deemed to meet the 
postgraduate training requirements of this subsection. Notwithstanding this subsection, in 
the case of subspecialty or clinical fellowship programs, the board may accept in 
fulfillment of the requirements of this subsection postgraduate training at a hospital in 
which the subspecialty clinical program, such as a training program accredited by the 
American Dental Association Commission on Dental Accreditation or its successor 
organization, is not accredited but the parent specialty program is accredited by the 
Accreditation Council on Graduate Medical Education.' 
Amend the bill in section 11 in paragraph Q in the last line (page 4, line 20 in L.D.) 
by inserting after the following: "board" the following: " unless otherwise prohibited by 
state or federal law' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
~o~s 
COMMITTEE AMENDMENT" n 
. to H.P. 1026, L.D. 1437 
SUMMARY 
This amendment strikes the provision in the bill that proposes to keep the identity of 
any reporting physician or physician assistant confidential unless it is necessary to the 
investigation or adjudication of the report by the Board of Licensure in Medicine. It 
allows for dual trained dentists and oral surgeons to satisfy the Board of Licensure in 
Medicine's requirements for postgraduate training in a manner that applies to the specific 
training received by these licensees. 
It also adds language to ensure the statutory 
provisions governing Board of Licensure in Medicine sanctions are in compliance with 
federal and state laws regarding confidentiality of patient information that is the subject 
of a disciplinary complaint. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/03/13 
~ac.:. 
LD 1437 
LR532(02) 
An Act To Amend the Laws Regarding Licensure of Physicians and Physician Assistants 
Fiscal Note for Bill as Amended by Committee Amendment /1' [ H ~ 4J 4) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Board of Licensure in Medicine, affiliated with the Department of Professional and Financial 
Regulation, associated with implementing the requirements of this legislation can be absorbed within existing 
budgeted resources. 
LR0532(02) - Fiscal Note - Page 1 of 1