An Act To Extend the Statute of Limitations on Certain Civil Professional Negligence Suits
Maine Legislature, Session 126, LD 0744
Committee: Judiciary
Sponsors: VALENTINO, TUTTLE, DeCHANT, HAYES, MAKER, MONAGHAN-DERRIG, TURNER, VILLA
Amends: 14 MRSA §853, 24 MRSA §2902, 24 MRSA §2902-B

Legislative Document 
No. 744 
S.P. 282 
In Senate, February 28, 2013 
An Act To Extend the Statute of Limitations on Certain Civil 
Professional Negligence Suits 
Reference to the Committee on Judiciary suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator VALENTINO of York. 
Cosponsored by Senator: TUTTLE of York, Representatives: DeCHANT of Bath, HAYES of 
Buckfield, MAKER of Calais, MONAGHAN-DERRIG of Cape Elizabeth, TURNER of 
Burlington, VILLA of Harrison. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §853, as amended by PL 1985, c. 343, §2, is further amended to 
read: 
§853.  Persons under disability may bring action when disability removed 
If a person entitled to bring any of the actions under sections 752 to 754, including 
section 752-C, and under sections 851, and 852 and Title 24, section sections 2902 and 
2902-B is a minor, mentally ill, imprisoned or without the limits of the United States 
when the cause of action accrues, the action may be brought within the times limited 
herein after the disability is removed. 
Sec. 2.  24 MRSA §2902, as repealed and replaced by PL 1985, c. 804, §§13 and 
22, is amended to read: 
§2902.  Statute of limitations for health care providers and health care practitioners 
excluding claims based on sexual acts 
Actions Except as provided in section 2902-B, actions for professional negligence 
shall must be commenced within 3 years after the cause of action accrues.  For the 
purposes of this section, a cause of action accrues on the date of the act or omission 
giving rise to the injury. Notwithstanding the provisions of Title 14, section 853, relating 
to minority, actions for professional negligence by a minor shall must be commenced 
within 6 years after the cause of action accrues or within 3 years after the minor reaches 
the age of majority, whichever first occurs. This section does not apply where when the 
cause of action is based upon the leaving of a foreign object in the body, in which case 
the cause of action shall accrue accrues when the plaintiff discovers or reasonably should 
have discovered the harm.  For the purposes of this section, the term "foreign object" does 
not include a chemical compound, prosthetic aid or object intentionally implanted or 
permitted to remain in the patient's body as a part of the health care or professional 
services. 
If the provision in this section reducing the time allowed for a minor to bring a claim 
is found to be void or otherwise invalidated by a court of proper jurisdiction, then the 
statute of limitations for professional negligence shall be is 2 years after the cause of 
action accrues, except that no claim brought under the 3-year statute may be extinguished 
by the operation of this paragraph. 
Sec. 3.  24 MRSA §2902-B is enacted to read: 
§2902-B.  Statute of limitations for health care providers and health care 
practitioners for claims based on sexual acts 
Except as provided in Title 14, section 752-C, actions for professional negligence 
based on a sexual act must be commenced within 10 years after the cause of action 
accrues.  For purposes of this section, a cause of action accrues on the date of the act or 
omission giving rise to the injury.  For purposes of this section, "sexual act" means the 
following acts: 
1.  Sexual act.  A sexual act, as defined in Title 17-A, section 251, subsection 1, 
paragraph C; or 
2.  Sexual contact.  Sexual contact, as defined in Title 17-A, section 251, subsection 
1, paragraph D. 
Sec. 4.  Application.  This Act applies to the following actions for professional 
negligence against health care providers and health care practitioners when the action is 
based on a sexual act or sexual contact: 
1.  An action based on a sexual act or sexual contact occurring on or after the 
effective date of this Act; and 
2.  An action for which the claim has not yet been barred pursuant to the Maine 
Revised Statutes, Title 24, section 2902, excluding the exceptions under Title 24, section 
2902-B. 
SUMMARY 
This bill extends the statute of limitations for professional negligence actions against 
health care providers and health care practitioners when the action is based on a sexual 
act or sexual contact.  The bill provides that the new statute of limitations applies to all 
actions based on a sexual act or sexual contact occurring on or after the effective date of 
the Act and all actions for which the claim has not yet been barred by the previous statute 
of limitations.