An Act to Clarify the Laws Regarding Delegating Authority for Services Performed by Emergency Medical Services Personnel or Others as a Medical Assistant
Maine Legislature, Session 131, LD 1396
Committee: Health Coverage, Insurance and Financial Services
Amends: 32 MRSA §85, 32 MRSA §2594-A, 32 MRSA §2594-E, 32 MRSA §3270-A, 32 MRSA §3270-E

Legislative Document
No. 1396
S.P. 563
In Senate, March 28, 2023
An Act to Clarify the Laws Regarding Delegating Authority for 
Services Performed by Emergency Medical Services Personnel or 
Others as a Medical Assistant
Reported by Senator BAILEY of York for the Joint Standing Comittee on Health 
Coverage, Insurance and Financial Services pursuant to Public Law 2021, chapter 587, section 
3.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed pursuant to Joint Rule 218.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §85, sub-§7, as amended by PL 2021, c. 587, §1, is further 
amended to read:
7.  Delegation.  This chapter may not be construed to prohibit a person licensed as an 
emergency medical services person from rendering medical services in a hospital or other 
health care facility setting if those services are:
A.  Rendered in the person's capacity as an employee of the hospital or health care 
facility;
B.  Authorized by the hospital or health care facility; and
C.  Delegated in accordance with section 2594‑A or, section 2594-E, subsection 4, 
section 3270‑A or section 3270-E, subsection 4.
Unless otherwise provided by law, an emergency medical services person licensed under 
this chapter may not simultaneously act as a licensee under this chapter and an assistant 
performing medical services delegated by a physician in accordance with section 2594-A 
or section 3270-A or by a physician assistant in accordance with section 2594-E, subsection 
or section 3270-E, subsection 4.
Sec. 2.  32 MRSA §2594-A, first ¶, as amended by PL 2019, c. 627, Pt. B, §11, is 
further amended to read:
This chapter may not 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 the physician; the activities being delegated do not, unless otherwise provided by law, 
require a license, registration or certification to perform; the physician ensures that the 
employees or support staff have the appropriate training, education and experience to 
perform these delegated activities; and the physician ensures that the employees or support 
staff perform these delegated activities competently and safely. 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 and 
licensed physician assistants acting pursuant to this chapter or chapter 48.
Sec. 3.  32 MRSA §2594-E, sub-§4, as amended by PL 2019, c. 627, Pt. B, §12, is 
further amended to read:
4.  Delegation by physician assistant.  A physician assistant may delegate to the 
physician assistant's employees or support staff or members of a health care team, including 
medical assistants, certain activities relating to medical care and treatment carried out by 
custom and usage when the activities are under the control of the physician assistant; the 
activities being delegated do not, unless otherwise provided by law, require a license, 
registration or certification to perform; the physician assistant ensures that the employees 
or support staff or members of a health care team have the appropriate training, education 
and experience to perform these delegated activities; and the physician assistant ensures 
that the employees or support staff perform these delegated activities competently and 
safely. The physician assistant who delegates an activity permitted under this subsection is 
legally liable for the activity performed by an employee, a medical assistant, support staff 
or a member of a health care team.
Sec. 4.  32 MRSA §3270-A, first ¶, as amended by PL 2019, c. 627, Pt. B, §15, is 
further amended to read:
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; the activities being delegated do not, 
unless otherwise provided by law, require a license, registration or certification to perform; 
the physician or surgeon ensures that the employees or support staff have the appropriate 
training, education and experience to perform these delegated activities; and the physician 
or surgeon ensures that the employees or support staff perform these delegated activities 
competently and safely. 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 and licensed physician assistants acting pursuant to 
this chapter and chapter 36.
Sec. 5.  32 MRSA §3270-E, sub-§4, as amended by PL 2019, c. 627, Pt. B, §16, is 
further amended to read:
4.  Delegation by physician assistant.  A physician assistant may delegate to the 
physician assistant's employees or support staff or members of a health care team, including 
medical assistants, certain activities relating to medical care and treatment carried out by 
custom and usage when the activities are under the control of the physician assistant; the 
activities being delegated do not, unless otherwise provided by law, require a license, 
registration or certification to perform; the physician assistant ensures that the employees 
or support staff or members of a health care team have the appropriate training, education 
and experience to perform these delegated activities; and the physician assistant ensures 
that the employees or support staff perform these delegated activities competently and 
safely. The physician assistant who delegates an activity permitted under this subsection is 
legally liable for the activity performed by an employee, a medical assistant, support staff 
or a member of a health care team.
SUMMARY
This bill proposes statutory changes based on recommendations included in the report 
made to the Joint Standing Committee on Health Coverage, Insurance and Financial 
Services pursuant to Public Law 2021, chapter 587. The committee has not taken a position 
on the substance of this bill.  By reporting this bill out the committee is not suggesting and 
does not intend to suggest that it agrees or disagrees with any aspect of this bill.   The 
committee is reporting the bill out for the sole purpose of having a bill printed that can be 
referred to the committee for an appropriate public hearing and subsequent processing in 
the normal course.  The committee is taking this action to ensure clarity and transparency 
in the legislative review of the proposals contained in the bill.
The bill makes the following changes. 
1. It clarifies that a licensed emergency medical services person may not 
simultaneously act as an assistant performing medical services delegated by a physician or 
physician assistant. 
2. It adds cross-references clarifying the authority of a physician assistant to delegate 
medical services to a licensed emergency medical services person in a hospital or health 
care facility. 
3. It clarifies the laws regarding the delegating authority of a physician and a physician 
assistant.