An Act To Amend the Laws Regarding Licensure of Physicians and Physician Assistants
Maine Legislature, Session 126, LD 1437
Committee: Labor, Commerce, Research and Economic Development
Sponsors: VOLK, PATRICK, MASON
Amends: 24 MRSA §2505, 24 MRSA §2506, 24 MRSA §2905, 32 MRSA §3270-C, 32 MRSA §3271, 32 MRSA §3282-A, 32 MRSA §3286

Legislative Document 
No. 1437 
H.P. 1026 
House of Representatives, April 23, 2013 
An Act To Amend the Laws Regarding Licensure of Physicians and 
Physician Assistants 
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. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative VOLK of Scarborough. 
Cosponsored by Senator PATRICK of Oxford and 
Representative: MASON of Topsham. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24 MRSA §2505, first ¶, as amended by PL 2007, c. 380, §1, is further 
amended to read: 
Any professional competence committee within this State and any physician or 
physician assistant licensed to practice or otherwise lawfully practicing within this State 
shall, and any other person may, report the relevant facts to the appropriate board relating 
to the acts of any physician or physician assistant in this State if, in the opinion of the 
committee, physician, physician assistant or other person, the committee or individual has 
reasonable knowledge of acts of the physician or physician assistant amounting to gross 
or repeated medical malpractice, habitual drunkenness, addiction to the use of drugs, 
professional incompetence, unprofessional conduct or sexual misconduct identified by 
board rule. The failure of any such professional competence committee or any such 
physician or physician assistant to report as required is a civil violation for which a fine 
of not more than $1,000 may be adjudged.  The identity of any reporting physician or 
physician assistant must be held confidential unless it is necessary to the investigation or 
adjudication of the report by the board. 
Sec. 2.  24 MRSA §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 or physician assistant, dentist or committee is not 
responsible for reporting misuse of alcohol or drugs or professional incompetence or 
malpractice as a result of physical or mental infirmity or by the misuse of alcohol or 
drugs discovered by the physician, physician assistant, 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 or drugs or professional incompetence 
or malpractice as a result of physical or mental infirmity or by the misuse of alcohol or 
drugs, as long as that information is reported to the professional review committee. 
Nothing in this This section may does not prohibit an impaired physician, physician 
assistant or dentist from seeking alternative forms of treatment. 
Sec. 3.  24 MRSA §2506, first ¶, as amended by PL 2005, c. 397, Pt. C, §15 and 
affected by §16, is further amended to read: 
A health care provider or health care entity shall, within 60 days, report in writing to 
the disciplined practitioner's board or authority the name of any licensed, certified or 
registered employee or person privileged by the provider or entity whose employment, 
including employment through a 3rd party, or privileges have been revoked, suspended, 
limited or terminated or who resigned while under investigation or to avoid investigation 
for reasons related to clinical competence or unprofessional conduct, together with 
pertinent information relating to that action.  Pertinent information includes: a description 
of the adverse action; the name of the practitioner involved; the date, the location and a 
description of the event or events giving rise to the adverse action; and identification of 
the complainant giving rise to the adverse action.  Upon written request, the following 
information must be released to the board or authority within 20 days of receipt of the 
request: the names of the patients whose care by the disciplined practitioner gave rise to 
the adverse action; medical records relating to the event or events giving rise to the 
adverse action; written statements signed or prepared by any witness or complainant to 
the event; and related correspondence between the practitioner and the provider or entity.  
The report must include situations in which employment, including employment through 
a 3rd party, or privileges have been revoked, suspended, limited or otherwise adversely 
affected by action of the health care practitioner while the health care practitioner was the 
subject of a proceeding regarding employment or a disciplinary proceedings proceeding, 
and it also must include situations where employment, including employment through a 
3rd party, or privileges have been revoked, suspended, limited or otherwise adversely 
affected by act of the health care practitioner in return for the health care provider's or 
health care entity's terminating such proceeding.  Any reversal, modification or change of 
action reported pursuant to this section must be reported immediately to the practitioner's 
board or authority, together with a brief statement of the reasons for that reversal, 
modification or change.  If the adverse action requiring a report as a result of a reversal, 
modification or change of action consists of the revocation, suspension or limitation of 
employment, including employment through a 3rd party, or clinical privileges of a 
physician, physician assistant or advanced practice registered nurse by a health care 
provider or health care entity for reasons relating to clinical competence or unprofessional 
conduct and is taken pursuant to personnel or employment rules or policies, medical staff 
bylaws or other credentialing and privileging policies, whether or not the practitioner is 
employed by that health care provider or entity, then the provider or entity shall include 
in its initial report to the disciplined practitioner's licensing board or authority the names 
of all patients whose care by the disciplined practitioner gave rise to the adverse action.  
The failure of any health care provider or health care entity to report as required is a civil 
violation for which a fine of not more than $5,000 may be adjudged. 
Sec. 4.  24 MRSA §2905, sub-§1, as amended by PL 1991, c. 217, is further 
amended to read: 
1.  Disallowance of recovery on grounds of lack of informed consent.  No 
recovery may be Recovery is not allowed against any physician, physician assistant, 
podiatrist, dentist or any health care provider upon the grounds that the health care 
treatment was rendered without the informed consent of the patient or the patient's 
spouse, parent, guardian, nearest relative or other person authorized to give consent for 
the patient when: 
A.  The action of the physician, physician assistant, podiatrist or dentist in obtaining 
the consent of the patient or other person authorized to give consent for the patient 
was in accordance with the standards of practice among members of the same health 
care profession with similar training and experience situated in the same or similar 
communities; 
B.  A reasonable person, from the information provided by the physician, physician 
assistant, podiatrist or dentist under the circumstances, would have a general 
understanding of the procedures or treatments and of the usual and most frequent 
risks and hazards inherent in the proposed procedures or treatments which that are 
recognized and followed by other physicians, physician assistants, podiatrists or 
dentists engaged in the same field of practice in the same or similar communities; or 
C.  A reasonable person, under all surrounding circumstances, would have undergone 
such treatment or procedure had that person been advised by the physician, physician 
assistant, podiatrist or dentist in accordance with paragraphs A and B or this 
paragraph. 
For purposes of this subsection, the physician, physician assistant, podiatrist, dentist or 
health care provider may rely upon a reasonable representation that the person giving 
consent for the patient is authorized to give consent unless the physician, physician 
assistant, podiatrist, dentist or health care provider has notice to the contrary. 
Sec. 5.  32 MRSA §3270-C, sub-§2, as amended by PL 1999, c. 547, Pt. B, §66 
and affected by §80, is further amended to read: 
2.  Consent to physical or mental examination; objections to admissibility of 
examiner's testimony waived. For the purposes of this section, every physician assistant 
registered under these rules who accepts the privilege of rendering medical services in 
this State by the filing of an application and of biannual registration renewal: 
A.  Is deemed to have consented to a mental or physical examination by a physician 
or other person selected or approved by the board when directed in writing by the 
board; and 
B.  Is deemed to have waived all objections to the admissibility of the examining 
physician's or other person's testimony or reports on the ground that these constitute a 
privileged communication. 
Pursuant to Title 4, section 184, subsection 6, the District Court shall immediately 
suspend the certificate of a physician assistant who can be shown, through the results of 
the medical or physical examination conducted under this section or through other 
competent evidence, to be unable to render medical services with reasonable skill and 
safety to patients by reason of mental illness, alcohol intemperance, excessive use of 
drugs or narcotics or as a result of a mental or physical condition interfering with the 
competent rendering of medical services. 
Sec. 6.  32 MRSA §3271, sub-§7, as enacted by PL 2007, c. 380, §2, is amended 
to read: 
7.  Special license categories.  The board may issue a license limited to the practice 
of administrative medicine, or any other special license, as defined by routine technical 
rule of the board adopted pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 7.  32 MRSA §3282-A, sub-§1, ¶D, as amended by PL 1999, c. 547, Pt. B, 
§67 and affected by §80, is repealed. 
Sec. 8.  32 MRSA §3282-A, sub-§2, ¶A, as enacted by PL 1983, c. 378, §53, is 
amended to read: 
A.  The practice of fraud or, deceit or misrepresentation in obtaining a license under 
this chapter or in connection with service rendered within the scope of the license 
issued; 
Sec. 9.  32 MRSA §3282-A, sub-§2, ¶L, as amended by PL 1997, c. 680, Pt. C, 
§7, is further amended to read: 
L.  Failure to comply with the requirements of Title 24, section 2905-A; or 
Sec. 10.  32 MRSA §3282-A, sub-§2, ¶M, as enacted by PL 1997, c. 680, Pt. C, 
§8, is amended to read: 
M.  Revocation, suspension or restriction of a license to practice medicine or other 
disciplinary action; denial of an application for a license; or surrender of a license to 
practice medicine following the institution of disciplinary action by another state or a 
territory of the United States or a foreign country if the conduct resulting in the 
disciplinary or other action involving the license would, if committed in this State, 
constitute grounds for discipline under the laws or rules of this State.; 
Sec. 11.  32 MRSA §3282-A, sub-§2, ¶¶N to R are enacted to read: 
N.  Engaging in any activity requiring a license under the governing law of the board 
that is beyond the scope of acts authorized by the license held; 
O.  Continuing to act in a capacity requiring a license under the governing law of the 
board after expiration, suspension or revocation of that license; 
P.  Noncompliance with an order or consent agreement of the board; 
Q.  Failure to produce upon request of the board any documents in the licensee's 
possession or under the licensee's control concerning a pending complaint or 
proceeding or any matter under investigation by the board; or 
R.  Failure to timely respond to a complaint notification sent by the board. 
Sec. 12.  32 MRSA §3286, first ¶, as amended by PL 1993, c. 600, Pt. A, §219, is 
further amended to read: 
Upon its own motion or upon complaint, the board, in the interests of public health, 
safety and welfare, shall treat as an emergency a complaint or allegation that an 
individual licensed under this chapter is or may be unable to practice medicine with 
reasonable skill and safety to patients by reason of mental illness, alcohol intemperance, 
excessive use of drugs, narcotics or as a result of a mental or physical condition 
interfering with the competent practice of medicine. In enforcing this paragraph, the 
board may compel a physician to submit to a mental or physical examination by 
physicians designated by it a physician or another person designated by the board.  
Failure of a physician to submit to this examination when directed constitutes an 
admission of the allegations against the physician, unless the failure was due to 
circumstances beyond the physician's control,  upon which a final order of disciplinary 
action may be entered without the taking of testimony or presentation of evidence. A 
physician affected under this paragraph must, at reasonable intervals, be afforded an 
opportunity to demonstrate that the physician can resume the competent practice of 
medicine with reasonable skill and safety to patients. 
Sec. 13.  32 MRSA §3286, 2nd ¶, as amended by PL 1997, c. 271, §11, is further 
amended to read: 
For the purpose of this chapter, by practicing or by making and filing a biennial 
license to practice medicine in this State, every physician licensed under this chapter who 
accepts the privilege to practice medicine in this State is deemed to have given consent to 
a mental or physical examination when directed in writing by the board and to have 
waived all objections to the admissibility of the examining physicians' examiner's 
testimony or examination reports on the grounds that the testimony or reports constitute a 
privileged communication. 
SUMMARY 
This bill amends the Maine Health Security Act and the laws governing the Board of 
Licensure in Medicine as follows. 
1.  It provides that physician assistants have the same duty as physicians to report acts 
of a physician amounting to gross or repeated medical malpractice, habitual drunkenness, 
addiction to the use of drugs, professional incompetence, unprofessional conduct or 
sexual misconduct.  It also provides that physician assistants may be the subject of such 
reports. 
2.  It clarifies that a health care provider or health care entity is required to report 
disciplinary action taken against an employee, even if that person is employed by a 3rd 
party. 
3.  It provides that recovery is not allowed against a physician assistant on the 
grounds that treatment was rendered without the informed consent of the patient as long 
as certain conditions are met.  This protection is already provided in current law for 
similar health care providers. 
4.  It allows the board to specify individuals other than physicians for the purpose of 
conducting examinations of physicians and physician assistants to determine whether a 
physician or physician assistant is mentally and physically competent. 
5.  It allows the board, by rulemaking, to issue special licenses in addition to a special 
license for the practice of administrative medicine. 
6.  It repeals a requirement that the board, upon a finding that a suspension or 
revocation of a license is in order, file a complaint in the District Court. 
7.  It specifies that misrepresentation in obtaining a license or in connection with 
service rendered is grounds for discipline and adds 5 other grounds for discipline, 
including engaging in an activity that requires licensing without a license and continuing 
to act in a capacity requiring a license under the governing law of the board after 
expiration, suspension or revocation of that license.