An Act To Improve the Quality of Life of Persons with Serious Illnesses
Maine Legislature, Session 127, LD 0782
Committee: Health and Human Services
Sponsors: LANGLEY, MAKER, DAVIS, SAVIELLO, VALENTINO, BURSTEIN, GATTINE, LONGSTAFF, MALABY, TURNER
Amends: 5 MRSA §12004-I, 22 MRSA §1726, 22 MRSA §8615

Legislative Document 
No. 782 
S.P. 280 
In Senate, March 10, 2015 
An Act To Improve the Quality of Life of Persons with Serious 
Illnesses 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator LANGLEY of Hancock. 
Cosponsored by Representative MAKER of Calais and 
Senators: DAVIS of Piscataquis, SAVIELLO of Franklin, VALENTINO of York, 
Representatives: BURSTEIN of Lincolnville, GATTINE of Westbrook, LONGSTAFF of 
Waterville, MALABY of Hancock, TURNER of Burlington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§47-I is enacted to read: 
47-I.   
Sec. 2.  22 MRSA §1726 is enacted to read: 
§1726.  Palliative Care and Quality of Life Interdisciplinary Advisory Council 
The Palliative Care and Quality of Life Interdisciplinary Advisory Council, as 
established in Title 5, section 12004-I, subsection 47-I and referred to in this section as 
"the advisory council," is established to improve the quality and delivery of patient-
centered and family-focused care in accordance with this section. 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Palliative care" means patient-centered and family-focused medical care that 
optimizes quality of life by anticipating, preventing and treating suffering caused by a 
medical illness or a physical injury or condition that substantially affects a patient's 
quality of life, including, but not limited to, addressing physical, emotional, social 
and spiritual needs; facilitating patient autonomy and choice of care; providing access 
to information; discussing the patient's goals for treatment and treatment options, 
including, when appropriate, hospice care; and managing pain and symptoms 
comprehensively. 
B.  "Serious illness" means a medical illness or physical injury or condition that 
substantially affects quality of life for more than a short period of time.  "Serious 
illness" includes, but is not limited to, Alzheimer's disease and related dementias, 
lung disease, cancer and heart, renal or liver failure. 
2.  Membership.  The advisory council consists of the following members: 
A.  Five persons with experience and expertise in palliative care in acute hospital 
care, long-term care, in-home care and hospice care with respect to pediatric, youth, 
adult and elderly populations as follows: 
(1)  Two persons appointed by the Governor.  One person must be a physician 
who is certified by a national board of hospice and palliative medicine.  One 
person must be a registered nurse or advanced practice registered nurse who is 
certified by a national board for certification of hospice and palliative nurses; and 
(2)  Three persons appointed by the executive director of the Maine Hospice 
Council, established in section 8611, who are health professionals with palliative 
care work experience or expertise in the delivery of palliative care; 
Human Services 
Palliative Care and 
Quality of Life 
Interdisciplinary 
Advisory Council 
Expenses Only 
MRSA §1726 
B.  Two persons appointed by the President of the Senate.  One person must be a 
licensed pharmacist with experience working with persons with serious illnesses.  
One person must represent hospitals in the State; 
C.  Two persons appointed by the Speaker of the House of Representatives.  One 
person must be a licensed social worker with experience working with persons with 
serious illnesses and their family members.  One person must represent health 
insurers; 
D.  Two persons appointed by the member of the Senate who is the leader of the 
minority party in the Senate.  Both persons must represent statewide organizations 
that advocate on behalf of persons with serious illnesses; 
E.  Two persons appointed by the member of the House of Representatives who is the 
leader of the minority party in the House.  One person must be a spiritual counselor 
with experience working with persons with serious illnesses and their family 
members.  One person must represent persons 55 years of age and older; and 
F.  The executive director of the Maine Hospice Council, established in section 8611, 
who serves as a nonvoting member. 
3.  Terms; vacancies; expense reimbursement.  A person appointed to the advisory 
council serves a 3-year term, subject to termination by decision of the appointing 
authority.  When a vacancy occurs, the appointing authority shall appoint a new member 
to serve for 3 years. As provided in Title 5, section 12004-I, subsection 47-I, members 
serve on a voluntary basis, are not eligible for payment for their service and may be 
reimbursed for necessary expenses. 
4.  Conduct of business.  At the first meeting of the advisory council and annually 
thereafter, the members shall elect from the membership a chair and a vice-chair and shall 
determine their duties.  The chair and vice-chair shall call at least 2 meetings per year and 
other meetings as requested by a majority of the membership or as determined by the 
chair and vice-chair. A majority of the membership constitutes a quorum. All meetings of 
the advisory council are public proceedings, are open to the public and must be held in 
locations that are convenient for public access and that are provided by the Maine 
Hospice Council, established in section 8611.  As appropriate to the agenda for the 
meeting and in conformance with the Maine Administrative Procedure Act, all meetings 
must provide an opportunity for public comment. 
5.  Duties.  The advisory council shall: 
A.  Consult with and advise the Maine Center for Disease Control and Prevention on 
matters related to the establishment, maintenance, operation and evaluation of 
palliative care initiatives in the State; 
B.  Analyze palliative care being provided in the State; 
C.  Make recommendations to improve palliative care and the quality of life of 
persons with serious illnesses; and 
D.  Submit a report to the joint standing committees of the Legislature having 
jurisdiction over appropriations and financial affairs, health and human services 
matters and insurance and financial services matters by January 1st each year 
providing the findings and recommendations of the advisory council. 
6.  Funding.  The advisory council may accept funding that is not public funding. 
Sec. 3.  22 MRSA §8615 is enacted to read: 
§8615.  Palliative care initiatives 
To the extent allowed by available resources, the council shall establish a palliative 
care consumer and professional information and education program to maximize the 
effectiveness of palliative care initiatives by ensuring that comprehensive and accurate 
information and education are available to the public, health care providers and health 
care facilities.  The council shall publish and maintain on a publicly accessible website 
information and resources related to palliative care, including, but not limited to, links to 
external resources, continuing professional education opportunities, delivery of palliative 
care in the home and in primary, secondary and tertiary care environments, best practices 
for palliative care delivery and consumer educational materials and referral information 
for palliative care, including hospice care.  The council may develop and implement other 
initiatives regarding palliative care services and education as it determines to be 
appropriate.  The council may seek and accept funding to cover the costs of the Palliative 
Care and Quality of Life Interdisciplinary Advisory Council under section 1726.  In 
performing its work under this section, the council shall consult with the Palliative Care 
and Quality of Life Interdisciplinary Advisory Council. 
Sec. 4.  Palliative Care and Quality of Life Interdisciplinary Advisory 
Council.  Appointments to the Palliative Care and Quality of Life Interdisciplinary 
Advisory Council required by this Act must be made no later than 90 days after the 
effective date of this Act.  Notwithstanding the Maine Revised Statutes, Title 22, section 
1726, subsection 3, each appointing authority, when making initial appointments under 
Title 22, section 1726, subsection 2, paragraphs B to D, shall appoint one person for a 2-
year term and one person for a 3-year term.  When all appointments have been made, the 
executive director of the Maine Hospice Council, established in Title 22, section 8611, 
shall call and convene the first meeting of the advisory council. The first meeting of the 
advisory council must be held no later than October 1, 2015. 
SUMMARY 
This bill establishes the Palliative Care and Quality of Life Interdisciplinary Advisory 
Council to advise the Department of Health and Human Services, Maine Center for 
Disease Control and Prevention and report to 3 legislative committees.  The bill requires 
the Maine Hospice Council, if resources permit, to establish an information and education 
program to maximize the effectiveness of palliative care initiatives by ensuring that 
comprehensive and accurate information and education are available and allows the 
council to seek outside funding for the advisory council.  The bill requires the executive 
director of the Maine Hospice Council to convene the first meeting of the advisory 
council by October 1, 2015.