An Act To Expand and Promote Telehealth Services
Maine Legislature, Session 130, LD 0649
Committee: Health Coverage, Insurance and Financial Services
Sponsors: STEWART, MORRIS, CLAXTON, MOORE, WHITE
Amends: 24-A MRSA §4316, 32 MRSA §3300-D

Legislative Document
No. 649
S.P. 255
In Senate, March 3, 2021
An Act To Expand and Promote Telehealth Services
Received by the Secretary of the Senate on March 1, 2021.  Referred to the Committee on 
Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator STEWART of Aroostook.
Cosponsored by Representative MORRIS of Turner and
Senators: CLAXTON of Androscoggin, MOORE of Washington, Representative: WHITE of 
Waterville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §4316, sub-§8, as enacted by PL 2019, c. 289, §2, is amended 
to read:
8.  Telehealth equipment.  A carrier may not require a provider to use specific 
telecommunications technology and equipment as a condition of coverage under this 
section as long as the provider uses telecommunications technology and equipment that 
comply with current industry interoperability standards and that comply with standards 
required under the federal Health Insurance Portability and Accountability Act of 1996, 
Public Law 104-191 and regulations promulgated under that Act.  A provider may perform 
a medically necessary health care service delivered through telehealth using the patient's 
choice of telecommunications technology and equipment or, with the patient's consent, the 
telecommunications technology and equipment that is available to the provider and the 
patient.
Sec. 2.  24-A MRSA §4316, sub-§10 is enacted to read:
10.  Providers outside of State.  A provider not licensed to practice medicine in the 
State may provide telehealth to a patient in the State from another jurisdiction pursuant to 
the provisions of Title 32, section 3300-D.
Sec. 3.  32 MRSA §3300-D, sub-§1, as enacted by PL 2015, c. 137, §1, is amended 
to read:
1.  Definition.  For the purposes of this section, "telemedicine" has the same meaning 
as "telehealth" in Title 24‑A, section 4316, subsection 1, paragraph C.
Sec. 4.  32 MRSA §3300-D, sub-§2, as enacted by PL 2015, c. 137, §1, is amended 
to read:
2.  Requirements.  A physician not licensed to practice medicine in this State may 
provide consultative services through interstate telemedicine to a patient located in this 
State if the physician is registered in accordance with subsection 3. A physician intending 
to provide consultative services in this State through interstate telemedicine shall provide 
any information requested by the board and complete information on:
A.  All states and jurisdictions in which the physician is currently licensed;
B.  All states and jurisdictions in which the physician was previously licensed; and
C.  All negative licensing actions taken previously against the physician in any state or 
jurisdiction.
Sec. 5.  32 MRSA §3300-D, sub-§3, as enacted by PL 2015, c. 137, §1, is amended 
to read:
3.  Registration.  The board may shall register a physician to practice medicine in this 
State through interstate telemedicine if the following conditions are met:
A.  The physician is fully licensed without restriction to practice medicine in the state 
from which the physician provides telemedicine services;
B.  The physician has not had a license to practice medicine revoked or restricted in 
any state or jurisdiction;
C.  The physician does not open an office in this State, does not meet with patients in 
this State, does not receive calls in this State from patients and agrees to provide only 
consultative services as requested by a physician, advanced practice registered nurse 
or physician assistant licensed in this State and the physician, advanced practice 
registered nurse or physician assistant licensed in this State retains ultimate authority 
over the diagnosis, care and treatment of the patient;
D.  The physician registers with the board every 2 years, on a form provided by the 
board; and
E.  The physician pays a registration fee not to exceed $500 $300.
Sec. 6.  32 MRSA §3300-D, sub-§6, as enacted by PL 2015, c. 137, §1, is amended 
to read:
6.  Notification to other states.  The board shall may obtain confirmation of licensure 
from all states and jurisdictions in which a physician applying for registration has ever been 
licensed prior to registering the physician pursuant to subsection 3.  The board shall may 
request notification from a state or jurisdiction if future adverse action is taken against the 
physician's license in that state or jurisdiction.
Sec. 7.  32 MRSA §3300-D, sub-§7 is enacted to read:
7.  Telemedicine equipment.  A physician may perform medically necessary 
telemedicine using the patient's choice of telecommunications technology and equipment 
or, with the patient's consent, the telecommunications technology and equipment that is 
available to the physician and the patient.
SUMMARY
This bill provides under the insurance laws that a health care provider may provide 
telehealth services using telecommunications technology and equipment of the patient's 
choice or, with the patient's consent, telecommunications technology and equipment 
available to the provider and the patient.  It also provides that a provider not licensed in the 
State must follow the criteria in the medical licensing laws relating to the provision of 
telehealth services to a patient in the State. The bill also amends the medical licensing laws 
for a physician not licensed in the State by expanding the physician's ability to provide 
consulting services to a patient to allow the physician to provide any telehealth service to 
a patient.  It also changes from discretionary to mandatory the Board of Licensure in 
Medicine's approval of a physician not licensed in the State to provide telehealth services 
in the State if the physician meets certain criteria and reduces from $500 to $300 the fee 
the physician must pay to become registered to practice telehealth services in the State.