An Act To Allow Complainants in Disciplinary Actions To Attend Informal Conferences Held by the State Board of Nursing in Executive Session
Maine Legislature, Session 126, LD 0416
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PATRICK, CHIPMAN, FITZPATRICK, KNIGHT, THERIAULT, TIMBERLAKE, TURNER
Amends: 32 MRSA §2105-A

Legislative Document 
No. 416 
S.P. 158 
In Senate, February 14, 2013 
An Act To Allow Complainants in Disciplinary Actions To Attend 
Informal Conferences Held by the State Board of Nursing in 
Executive Session 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
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 PATRICK of Oxford. 
Cosponsored by Representative CHIPMAN of Portland and 
Representatives: FITZPATRICK of Houlton, KNIGHT of Livermore Falls, THERIAULT of 
Madawaska, TIMBERLAKE of Turner, TURNER of Burlington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §2105-A, sub-§1-A, as amended by PL 2001, c. 260, Pt. D, §2, 
is further amended to read: 
1-A.  Disciplinary proceedings and sanctions. The board shall investigate a 
complaint, on its own motion or upon receipt of a written complaint filed with the board, 
regarding noncompliance with or violation of this chapter or of rules adopted by the 
board.  Investigation may include a hearing before the board to determine whether 
grounds exist for suspension, revocation or denial of a license, or as otherwise considered 
necessary to the fulfillment of its responsibilities under this chapter.  The board may 
subpoena witnesses, records and documents, including records and documents maintained 
by a health care facility, in an investigation or hearing it conducts.  
The board shall notify the licensee of the content of a complaint filed against the licensee 
as soon as possible, but, absent unusual circumstances justifying the delay, not later than 
days from receipt of this information.  The licensee shall respond within 30 days.  The 
board shall share the licensee's response with the complainant, unless the board 
determines that it would be detrimental to the health of the complainant to obtain the 
response.  If the licensee's response to the complaint satisfies the board that the complaint 
does not merit further investigation or action, the matter may be dismissed, with notice of 
the dismissal to the complainant, if any.  
If, in the opinion of the board, the factual basis of the complaint is or may be true, and it 
the complaint is of sufficient gravity to warrant further action, the board may request an 
informal conference with the licensee. The board shall provide the licensee with adequate 
notice of the conference and of the issues to be discussed.  The complainant may attend 
the conference and may be accompanied by up to 2 individuals, including legal counsel.  
The conference must be conducted in executive session of the board, or its subcommittee, 
pursuant to Title 1, section 405, unless otherwise requested by the licensee.  Before the 
board or its subcommittee decides what action to take at the conference or as a result of 
the conference, the board or its subcommittee shall give the complainant a reasonable 
opportunity to speak.  Statements made at the conference may not be introduced at a 
subsequent formal hearing unless all parties consent.  
When a complaint has been filed against a licensee and the licensee moves or has moved 
to another state, the board may report to the appropriate licensing board in that state the 
complaint that has been filed, other complaints in the licensee's record on which action 
was taken and disciplinary actions of the board with respect to that licensee. 
When an individual applies for a license under this chapter, the board may investigate the 
professional record of that individual, including professional records that the individual 
may have as a licensee in other states. The board may deny a license or authorize a 
restricted license based on the record of the applicant in other states. 
If the board or its subcommittee finds that the factual basis of the complaint is true and is 
of sufficient gravity to warrant further action, it the board or its subcommittee may take 
any of the following actions it the board or its subcommittee considers appropriate: 
A.  Warn, censure or reprimand; 
B.  With the consent of the licensee, enter into a consent agreement that fixes the 
period and terms of probation best adapted to protect the public health and safety and 
to rehabilitate or educate the licensee. A consent agreement may be used to terminate 
a complaint investigation, if entered into by the board, the licensee and the Attorney 
General's office; 
C.  In consideration for acceptance of a voluntary surrender of the license, negotiate 
stipulations, including terms and conditions for reinstatement that ensure protection 
of the public health and safety and serve to rehabilitate or educate the licensee. These 
stipulations may be set forth only in a consent agreement signed by the board, the 
licensee and the Attorney General's office; 
D.  If the board or its subcommittee concludes that modification or nonrenewal of the 
license is in order, hold an adjudicatory hearing in accordance with the provisions of 
Title 5, chapter 375, subchapter IV 4; or 
E.  If the board or its subcommittee concludes that suspension or revocation of the 
license is in order, file a complaint in the District Court in accordance with Title 4, 
chapter 5. 
Sec. 2.  Rulemaking.  The Department of Professional and Financial Regulation, 
State Board of Nursing shall amend its rules to implement the provisions of this Act.  
Rules adopted pursuant to this Act are routine technical rules as defined in the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill confirms that the complainant may be present and speak during an informal 
conference conducted by the Department of Professional and Financial Regulation, State 
Board of Nursing regarding a disciplinary action against a licensee. 
The bill also gives the State Board of Nursing the authority to report to the 
appropriate licensing board of the state to which a licensee has moved that a complaint 
has been filed against the licensee.  The board may also take into account the professional 
records from another state where an individual was a licensee when determining whether 
to issue a license to that individual. 
The bill also requires the State Board of Nursing to amend its rules to implement the 
changes made by this bill.