An Act To
Maine Legislature, Session 126, LD 0411
Committee Amendment CA_A_H84 (House)
Amends: 32 MRSA §1077, 32 MRSA §2105-A, 32 MRSA §2591-A, 32 MRSA §3282-A, 32 MRSA §3656, 32 MRSA §13742-A

COMMITTEE AMENDMENT" A" to H.P. 286, L.D. 411, Bill, "An Act To 
Amend the Health Care Practitioner Licensing, Disciplinmy and Reporting Laws 
Regarding Alcohol and Drug Abuse" 
Amend the bill in section 1 in § 2504 in the first paragraph in the last 2 lines (page 1, 
lines 8 and 9 in L.D.) by striking out the following: "use of alcohol or drugs that may 
indicate a substance use disorder" and inserting the following: 'misuse of alcohol, drugs 
or other substances that may result in the member physician's performing services in a 
manner that endangers the health or safety of patients' 
Amend the bill in section 2 in· the first paragraph in the 6th and 7th lines (page 1, 
lines 17 and 18 in L.D.) by striking out the following: "use of alcohol or drugs that may 
indicate a substance use disorder" and inserting the following: 'misuse of alcohol, drugs 
or other substances that may result in the physician's performing services in a manner that 
endangers the health or safety of patients' 
Amend the bill by striking out all of sections 3 to 8 and inserting the following: 
'Sec. 3. 24 MRS A §2505, 2nd ~, as amended by PL 1997, c. 107, §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, dentist or committee is not responsible for reporting misuse 
of alcohol Sf, drugs or other substances or professional incompetence or malpractice as a 
result of physical or mental infirmity or by the misuse of alcohol Sf, drugs or other 
substances discovered by the physician, 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 Sf, drugs or other substances or professional 
incompetence or malpractice as a rcsult of physical or mental infirmity or by the misuse 
of alcohol Sf, drugs or other substances, as long as that information is reported to the 
professional review committee. Nothing in this section may prohibit an impaired 
physician or dentist from seeking alternative fonns of treatment. 
COMMITTEE AMENDMENT 
.. ,. 
~ .. 
COMMITTEE AMENDMENT" ~" to H.P. 286, L.D. 411 
Sec. 4. 32 MRSA §1077, sub-§2, ~B, as amended by PL 1993, c. 600, Pt. A, 
§62, is further amended to read: 
B. Habitual substance abuse Misuse of alcohol, drugs or other substances that has 
resulted or is foreseeably likely to may result in the licensee performing services in a 
manner that cndangers the health or safety of patients; 
Sec. 5. 32 MRSA §2105-A, sub-§2, ~B, as amended by PL 1993, c. 600, Pt. A, 
§ 116, is further amended to read: 
B. Habitual substance abuse Misuse of alcohol, drugs or other substances that has 
resulted or is foreseeably likely to may result in the licensee perfonning services in a 
manner that endangers the health or safety of patients; 
Sec. 6. 32 MRSA §2591-A, sub-§2, ~B, as amended by PL 1993, c. 600, Pt. A, 
§ 181, is further amended to read: 
B. Habitual substance abuse Misuse of alcohol, drugs or other substances that has 
resulted or is foreseeably likely to may result in the licensee perfonning services in a 
manner that endangers the health or safety of the licensee's patients; 
Sec. 7. 32 MRSA §3282-A, sub-§2, ~B, as amended by PL 1993, c. 600, Pt. A, 
§218, is further amended to read: 
B. Habitual substance abuse Misuse of alcohol, drugs or other substances that has 
resulted or is foreseeably likely to may result in the licensee perfonning services in a 
manner that endangers the health or safety of patients; 
Sec. 8. 32 MRSA §3656, sub-§l, as enacted by PL 2007, c. 402, Pt. P, §14, is 
amended to read: 
1. Misuse of alcohol, drugs or other substances. Habitual substance abuse Misuse 
of alcohol, drugs or other substances that has resulted or is foreseeably likely to may 
result in the applicant or licensee perfonning services in a manner that endangers the 
health or safety of the licensee's patients; 
Sec. 9. 32 MRSA §13742-A, sub-§l, ~A, as enacted by PL 2007, c. 402, Pt. DD, 
§ 19, is amended to read: 
A. Habitual substance abuse Misuse of alcohol, drugs or other substances that has 
resulted or is foreseeably likely to may result in the applicant or licensee perfonning 
duties in a manner that endangers the health or safety of patients;' 
SUMMARY 
This amendment replaces references in the bill to a licensee's "substance use 
disorder" with "misuse of alcohol, drugs or other substances" that may result in 
endangering patients as grounds for discipline within the Maine Health Security Act and 
within the provisions of the health care practitioner licensing laws dealing with grounds 
for discipline. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03129113 
P!¥ac.. 
LD411 
LR 1401(02) 
An Act To Amend the Health Care Practitioner Licensing, Disciplinary and Reporting Laws 
Regarding Alcohol and Drug Abuse 
Fiscal Note for Bill as Amended by Committee Amendment 'It' (/1- ~'1) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases case-loads related to administrative appeals. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LR1401(02) - Fiscal Note - Page 1 of 1