An Act To Clarify Physicians' Delegation of Medical Care
Maine Legislature, Session 126, LD 0198
Committee: Health and Human Services
Sponsors: DORNEY
Amends: 32 MRSA §2594-A, 32 MRSA §3270-A

Legislative Document 
No. 198 
H.P. 159 
House of Representatives, February 5, 2013 
An Act To Clarify Physicians' Delegation of Medical Care 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DORNEY of Norridgewock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §2594-A, first ¶, as amended by PL 1993, c. 600, Pt. A, §184, 
is further amended to read: 
Nothing contained in this chapter may be construed to prohibit an individual from 
rendering medical services, if these services are rendered under the supervision and 
control of a physician, and if the individual has satisfactorily completed a training 
program approved by the Board of Osteopathic Licensure.  Supervision and control may 
not be construed as requiring the personal presence of the supervising and controlling 
physician at the place where these services are rendered, unless a physical presence is 
necessary to provide patient care of the same quality as provided by the physician. 
Nothing in this chapter may be construed as prohibiting a physician from delegating to 
the physician's employees or support staff certain activities relating to medical care and 
treatment carried out by custom and usage when these activities are under the direct 
control of and in the personal presence of the physician. The physician delegating these 
activities to employees or support staff, to program graduates or to participants in an 
approved training program is legally liable for the activities of those individuals, and any 
individual in this relationship is considered the physician's agent. Nothing contained in 
this section may be construed to apply to registered nurses acting pursuant to chapter 31. 
Sec. 2.  32 MRSA §3270-A, first ¶, as amended by PL 1999, c. 159, §1, is further 
amended to read: 
This chapter may not be construed to prohibit an individual from rendering medical 
services if these services are rendered under the supervision and control of a physician or 
surgeon and if that individual has satisfactorily completed a training program approved 
by the Board of Licensure in Medicine and a competency examination determined by this 
board. Supervision and control may not be construed as requiring the personal presence 
of the supervising and controlling physician at the place where these services are 
rendered, unless a physical presence is necessary to provide patient care of the same 
quality as provided by the physician.  This chapter may not be construed as prohibiting a 
physician or surgeon from delegating to the physician's or surgeon's employees or support 
staff certain activities relating to medical care and treatment carried out by custom and 
usage when the activities are under the control of the physician or surgeon who must be 
present on the premises at the time the activities are performed. The physician delegating 
these activities to employees or support staff, to program graduates or to participants in 
an approved training program is legally liable for the activities of those individuals, and 
any individual in this relationship is considered the physician's agent. This section may 
not be construed to apply to registered nurses acting pursuant to chapter 31. 
SUMMARY 
This bill clarifies that a physician or surgeon may delegate to the physician's or 
surgeon's employees or support staff certain activities relating to medical care and 
treatment without being present on the premises at the time the activities are performed.