An Act Regarding Health Care Providers and Patient Trust
Maine Legislature, Session 129, LD 1361
Committee: Health Coverage, Insurance and Financial Services
Sponsors: O'NEIL, GRATWICK, FOLEY, JORGENSEN, TEPLER, WARREN, CLAXTON
Amends: 32 MRSA §2112, 32 MRSA §2600-D, 32 MRSA §3300-G

Legislative Document
No. 1361
H.P. 983
House of Representatives, March 21, 2019
An Act Regarding Health Care Providers and Patient Trust
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative O'NEIL of Saco.
Cosponsored by Senator GRATWICK of Penobscot and
Representatives: FOLEY of Biddeford, JORGENSEN of Portland, McCREIGHT of Harpswell, 
TEPLER of Topsham, WARREN of Hallowell, Senators: CLAXTON of Androscoggin, 
SANBORN, L. of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §2112 is enacted to read:
§2112.  Medical standards; prohibition on government intervention
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Evidence-based" means that the best available clinical evidence from systematic 
research is used to make decisions about the care of an individual patient.
B.  "Medically accurate," with respect to information, means:
(1)  Verified or supported by the weight of peer-reviewed medical research 
conducted in compliance with accepted scientific methods;
(2)  Recognized as correct and objective by leading medical organizations with 
relevant expertise; or
(3)  Recommended by or affirmed in the medical practice guidelines of a 
nationally recognized accrediting organization.
C.  "Medically appropriate," with respect to information, means consistent with 
applicable legal, health and professional standards, the patient's clinical and other 
circumstances and the patient's reasonably known wishes and beliefs.
2.  Prohibition.  The State may not:
A.  Require a person licensed under this chapter to provide a patient with the 
following:
(1)  Information that is not medically accurate or medically appropriate for the 
patient; or
(2)  A medical service that is not evidence-based and appropriate for the patient; 
or
B.  Prohibit a person licensed under this chapter from providing a patient with the 
following:
(1)  Information that is medically accurate and medically appropriate for the 
patient; or
(2)  A medical service that is evidence-based and appropriate for the patient.
3.  Professional standards.  This section may not be construed to alter professional 
standards of care or affect the duty of a person licensed under this chapter to meet the 
applicable standard of care.
Sec. 2.  32 MRSA §2600-D is enacted to read:
§2600-D.  Medical standards; prohibition on government intervention
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Evidence-based" means that the best available clinical evidence from systematic 
research is used to make decisions about the care of an individual patient.
B.  "Medically accurate," with respect to information, means:
(1)  Verified or supported by the weight of peer-reviewed medical research 
conducted in compliance with accepted scientific methods;
(2)  Recognized as correct and objective by leading medical organizations with 
relevant expertise; or
(3)  Recommended by or affirmed in the medical practice guidelines of a 
nationally recognized accrediting organization.
C.  "Medically appropriate," with respect to information, means consistent with 
applicable legal, health and professional standards, the patient's clinical and other 
circumstances and the patient's reasonably known wishes and beliefs.
2.  Prohibition.  The State may not:
A.  Require a person licensed under this chapter to provide a patient with the 
following:
(1)  Information that is not medically accurate or medically appropriate for the 
patient; or
(2)  A medical service that is not evidence-based and appropriate for the patient; 
or
B.  Prohibit a person licensed under this chapter from providing a patient with the 
following:
(1)  Information that is medically accurate and medically appropriate for the 
patient; or
(2)  A medical service that is evidence-based and appropriate for the patient.
3.  Professional standards.  This section may not be construed to alter professional 
standards of care or affect the duty of a person licensed under this chapter to meet the 
applicable standard of care.
Sec. 3.  32 MRSA §3300-G is enacted to read:
§3300-G.  Medical standards; prohibition on government intervention
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Evidence-based" means that the best available clinical evidence from systematic 
research is used to make decisions about the care of an individual patient.
B.  "Medically accurate," with respect to information, means:
(1)  Verified or supported by the weight of peer-reviewed medical research 
conducted in compliance with accepted scientific methods;
(2)  Recognized as correct and objective by leading medical organizations with 
relevant expertise; or
(3)  Recommended by or affirmed in the medical practice guidelines of a 
nationally recognized accrediting organization.
C.  "Medically appropriate," with respect to information, means consistent with 
applicable legal, health and professional standards, the patient's clinical and other 
circumstances and the patient's reasonably known wishes and beliefs.
2.  Prohibition.  The State may not:
A.  Require a person licensed under this chapter to provide a patient with the 
following:  
(1)  Information that is not medically accurate or medically appropriate for the 
patient; or
(2)  A medical service that is not evidence-based and appropriate for the patient; 
or
B.  Prohibit a person licensed under this chapter from providing a patient with the 
following:
(1)  Information that is medically accurate and medically appropriate for the 
patient; or
(2)  A medical service that is evidence-based and appropriate for the patient.
3.  Professional standards.  This section may not be construed to alter professional 
standards of care or affect the duty of a person licensed under this chapter to meet the 
applicable standard of care.
SUMMARY
This bill prevents the State from requiring persons licensed by the Board of 
Osteopathic Licensure or the Board of Licensure in Medicine, including physician 
assistants, or the State Board of Nursing to give patients information that is medically 
inaccurate or perform medical services that are inconsistent with evidence-based 
standards.  It also provides that the State may not prohibit a person licensed under these 
professional boards from providing patients with medically accurate information or 
evidence-based medical services.