An Act Establishing Health Care Practitioner Transparency Requirements
Maine Legislature, Session 126, LD 0727
Committee: Labor, Commerce, Research and Economic Development
Sponsors: GRATWICK, SANBORN, CAIN, CRAVEN, HASKELL, LACHOWICZ, LANGLEY, SAVIELLO, WHITTEMORE, TREAT
Amends: 24 MRSA §2987

Legislative Document 
No. 727 
S.P. 265 
In Senate, February 28, 2013 
An Act Establishing Health Care Practitioner Transparency 
Requirements 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator GRATWICK of Penobscot. 
Cosponsored by Representative SANBORN of Gorham and 
Senators: CAIN of Penobscot, CRAVEN of Androscoggin, HASKELL of Cumberland, 
LACHOWICZ of Kennebec, LANGLEY of Hancock, SAVIELLO of Franklin, 
WHITTEMORE of Somerset, Representative: TREAT of Hallowell. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24 MRSA §2987, as enacted by PL 2003, c. 469, Pt. C, §30, is repealed 
and the following enacted in its place: 
§2987.  Consumer information 
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 of business. 
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.  Charges.  A health care practitioner shall notify patients in writing of the health 
care practitioner's charges for health care services commonly offered by the practitioner.  
Upon request of a patient, a health care practitioner shall assist the patient in determining 
the actual payment from a 3rd-party payor for a health care service commonly offered by 
the practitioner. 
3.  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 common term for the practitioner's profession. 
4.  Identification.  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.  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 the practitioner's name, license, 
registration or certification status and staff position, if applicable.  A health care 
practitioner who does not have direct patient care interactions is not subject to the 
provisions of this section. 
5.  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. 
SUMMARY 
This bill ensures that patients receive accurate health care information by prohibiting 
deceptive or misleading advertising or misrepresentation in the provision of health care 
services, requiring the identification and level of licensure of health care practitioners 
with patient contact and clarifying disciplinary actions that may be taken for failure to 
comply with these consumer information requirements.