An Act to Combine
Maine Legislature, Session 132, LD 2233
Committee Amendment CA_A_H1025 (House)
Amends: 3 MRSA §959, 22 MRSA §20, 22 MRSA §264, 22 MRSA §1241, 22 MRSA §1502, 22 MRSA §1508, 22 MRSA §1531, 22 MRSA §1596, 22 MRSA §1597-A, 22 MRSA §1598, 22 MRSA §1711-C, 22 MRSA §1823, 22 MRSA §2383-B, 22 MRSA §2421-A, 22 MRSA §3174, 24 MRSA §2505, 24 MRSA §2510, 24 MRSA §2510-A, 24 MRSA §2607, 24-A MRSA §4303-G, 24-A MRSA §4306, 24-A MRSA §4314, 24-A MRSA §4320, 24-A MRSA §4320-V, 25 MRSA §1542-A, 26 MRSA §599-A, 30-A MRSA §1559, 32 MRSA §85, 32 MRSA §3811, 32 MRSA §3837-A, 32 MRSA §4329, 32 MRSA §9855, 32 MRSA §13786-C, 32 MRSA §13810, 32 MRSA §19101, 34-B MRSA §7003, 36 MRSA §5122, 36 MRSA §5219-L, 37-B MRSA §185

COMMITTEE AMENDMENT "J>\" to H.P. 1509, L.D. 2233, "An Act to Combine
the Board of Licensure in Medicine and Board of Osteopathic Licensure into a Single
Licensing Board for All Physicians and Physician Associates"
Amend the bill in Part A by inserting before section 1 the following:
'See. A-l. 3 MRSA §959, sub-§l, ^R, as amended by PL 2021, c, 617, §1, is
further amended to read:
R. The joint standing committee of the Legislature having jurisdiction over
professional licensing of health care professions matters shall use the following list as
a guideline for scheduling reviews:
(1) Board of Dental Practice in 2027;
(2) Board of OQteopathio Licenoure m 2027;
(3) Board ofLiconsuro in Maine Board of Medicine m QffS^- 2029;
(4) State Board of Nursing in 2027; and
(5) State Board of Optometrym 2027.'
Amend the bill in Part A in section 6 in c, 153 in sub-c. 1 in §20102 by strikmg out all
of subsection 11 (page 2, lines 22 to 25 in L.D,).
Amend the bill in Part A in section 6 in c. 153 in sub-c, 1 in §20102 by renumbering
the subsections to read consecutively.
Amend the bill in Part A in section 6 m c. 153insub-c, 1 in§20103mthefirstmdented
paragraph in the last line (page 4, line 3 in L.D.) by mserting after the following: "board."
the following: 'This section may not be construed to affect or prevent the practice of the
0 relieious tenets of a church in the ministration to the sick or suffering by mental or spiritual
means,'
Amend the bill in Part A in section 6 in c, 153 in sub-c. 2 in §20113 by striking out all
of subsection 3 (page 8, lines 21 to 30 in L.D.) and inserting the following:
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^\ " to H.P.1509, L.D,2233
f^ —""—
'3. Annualreport. Begmniag March 1, 2028 and amiuallv thereafter, the board shall
submit to the Legislature a report consistms of statistics on the followine for the precedine
year and in comuarison to prior years:_
A. The number and type of complaints against licensees received from the public or
filed on the board's own motion, m the aeereeate and for each type of licensee;
B. The number and type of comolaiats dismissed for lack of merit or insufficient
evidence of grounds for discipline, m the aeereeate and for each type of licensee;
C. The number and type of cases in process of investisation or hearing carried over at
year-end. in the aeereeate and for each type of licensee; and
D. The number and type of disciolinary actions fmalized durme the report year, in the
aeereeate and for each type of licensee.'
Amend the bill m Part A in section 6 in c, 153 in sub-c. 3 in §20125 m subsection 2 by
striking out all of paragraph C (page 12, lines 3 and 4 in L.D.) and mserting the following;
'C. Requirements for collaborative agreements, includine uniform standards and
forms;'
Amend the bill in Part A m section 6 in c. 153 in sub-c. 4 in §20141 by striking out all
of subsection 3 (page 22, line 45 and page 23, lines 1 to 12 m L.D.) and inserting the
following:
'3. Adiudicatory hearings. The following provisions anply to adiu_dicatory hearings.
A. Adiudicatorv hearings must be conducted by an adiudicatory hearine panel
CQmBQsed solely of a subset of board members taken from among one of the 2
investigative committees, with a miiumum quorum of 5 members serving as an
adjudicatory hearine panel, as lone as at least one member servine on an adiudicatorv
hearing panel holds the same license as a licensee or anolicant for licensure whose case
is beine adjudicated and is present for purposes of a quorum when a decision is made
by an adjudicatory hearing panel. A board member may not serve Qn_atLadiudicatory
hearing panel if the board member particiuated in the review and investieation of the
licensee or applicant for licensure whose case is beins adjudicated.
R Adjudicatorv hearings held by adjudicatory hearing panels must be conducted
consistent with Title 5. chapter 375. subchauter 4.
C. A presiding officer shall conduct each board hearmg, as detennined by__the
adiudicatorv hearine panel or by board rule,
D, The board may adopt mles govemine its adiudicatory hearines in accordance with
section 20113. subsection I , oaraeraoh S.'
Amend the bill in Part A in section 6 in c. 1 53 in sub-c. 5 in §20152 by striking out all
of subsection 3 (page 27, lines 16 to 25 m L.D.) and inserting the following:
7 '3. Consultation. A physician associate may, as indicated by a patient's condition, the
education, comBetencies and_exBerience__gf the Rhysician associate and the standards of
care, consult with. collaborate with or refer the patient to an awrooriate physician or other
health care professional. The level of consultation under this subsection is determined by
the practice setting, includmg a uhvsician emolover, physician erout) wactice or urivate
Bractice. or by the system of credentialine and erantme of privileees of a health care
COMMITTEE AMENDMENT
[OS
COMMITTEE AMENDMENT ",A " to H.P. 1509, L,D, 2233
facility. Consultation may occur electronically or through telecommunication and includes
cQimnunication. task sharme and educatjpn amone all members of a health care team,'
Amend the bill in Part A in section 6 me, 153 in sub-c. 5 in §20152 by striking out all
of subsection 5 (page 28, lines 1 to 16 m L.D.).
Amend the bill m Part A in section 6 m c. 153 in sub-c. 5 in §20152 by renumbering
the subsections to read consecutively.
Amend the bill in Part A by strUcmg out all of sections 7 and 8.
Amend the bill m Part A by strikmg out all of section 9 and inserting the following:
'See. A-9. Transition. The following provisions apply to the reassignment of the
duties and responsibilities related to the licensing and regulation of allopathic physicians,
osteopathic physicians and physician associates in this State.
1. The Maine Board of Medicine is created and established by law. All other statutory
references to, responsibilities of and authority conferred upon the Board of Licensure in
Medicine and the Board of Osteopathic Licensure are deemed to refer to and vest in the
Maine Board of Medicine created by this Part. The Maine Board of Medicine is the
successor in every way to the powers, duties and functions related to the licensure and
regulation of physicians and physician associates in this State.
2. All licenses issued by the Board of Licensure in Medicine and the Board of
Osteopathic Licensure that are in effect on the effective date of this Part remain m effect
until those licenses expire. The authority over those licenses is transferred to the Maine
Board of Medicine on the effective date of this Part.
3. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, all accrued
expenditures, assets, liabilities, balances of appropriations, allocations, transfers, revenues
or other available funds in an account or subdivision of an account of the Board of
Licensure in Medicme and the Board of Osteopathic Licensure must be transferred to the
proper accounts of the Maine Board of Medicine by the State Controller or by financial
order upon the request of the State Budget Officer and with the approval of the Governor.
4. All rules of the Board of Licensure in Medicine and the Board of Osteopathic
Licensure that are in effect on the effective date of this Part remain in effect until rescinded,
revised or amended.
5. All contracts, agreements and compacts of the Board ofLicensure m Medicine and
the Board of Osteopathic Licensure as they pertain to the duties set forth in this Part that
are in effect on the effective date of this Part remain in effect until they expire or are altered
by the parties mvolved in the contracts or agreements. The Maine Board of Medicine is
the successor agency for all contracts, agreements and compacts of the Board ofLicensure
in Medicine and the Board of Osteopathic Licensure.
6. All records of the Board of Licensure in Medicine and the Board of Osteopathic
8 Licensure as they pertain to the duties set forth in this Part must be transferred to the Maine
Board of Medicine as necessary to implement this Part,
7. All property and equipment of the Board ofLicensure in Medicine and the Board of
Osteopathic Licensure pertaining to the duties set forth m this Part are transferred to the
Maine Board of Medicine as necessary to implement this Part.
COMMITTEE AMENDMENT
COMMnTEE AMENDMENT "'A." to H.P. 1509, L.D. 2233
8. Employees of the Board of Licensure m Medicine and the Board of Osteopathic
Licensure who were employees of those respective boards immediately prior to the
effective date of this Part retain all their employee rights, privileges and benefits, including
sick leave, vacation and seniority, provided under the Civil Service Law or collective
bargamiag agreements. The Department of Administrative and Financial Services, Bureau
of Human Resources shall provide assistance to the affected employees and the Maine
Board ofMedicme and shall assist with the orderly implementation of this subsection,
9. The Department of Administrative and Financial Services, Bureau of the Budget
shall work with employees of the Maine Board of Medicine with regard to the duties
transferred to it as set forth in this Part to develop the budget for the Maine Board of
Medicine.
10. All complaints and investigations in progress at the time this Part takes effect must
be assigned to one of the Maine Board of Medicine's investigative committees, and a
licensee with a pending matter at the time of the merger is not entitled to challenge any
member of that committee who previously heard the matter when sitting as a member of
theBoardofLicensureinMedicme ortheBoardofOsteopathicLicensure.
11. Notwithstanding the Maine Revised Statutes, Title 32, section20112, subsection 1,
the appointments of current board members of both the Board of Licensure in Medicine
and the Board of Osteopathic Licensure carry over, and all sitting members appointed by
the Governor as of the effective date of the merger serve on the Maine Board of Medicine
until their existing appointment terms expire.
12. Notwithstanding the Maine Revised Statutes, Title 32, section 20112, subsection 5,
the members of the Maine Board of Medicine shall meet on the 2nd Tuesday in January
2027 at the time and place the board may determiae and shall elect a chair, vice-chau' and
a secretary, who hold their respective offices until the 2nd Tuesday in. July 2027.
13. Notwithstanding the Maine Revised Statutes, Title 32, section 20112, subsection 2,
of the initial members appointed to the Maine Board of Medicine pursuant to Title 32,
section 20112, subsection 1, 2 members appointed pursuant to paragraphs A, B and D must
be appointed to a term of 3 years; 2 members appomted pursuant to paragraphs A, B and
D must be appointed to a term of 4 years; 2 members appointed pursuant to paragraphs A,
B and D must be appointed to a term of 5 years; one member appointed pursuant to
paragraph C must be appointed to a term of 3 years; one member appointed pursuant to
paragraph C must be appointed to a term of 4 years; and 2 members appomted pursuant to
paragraph C must be appointed to a term of 5 years.'
5 Amend the bill by inserting after Part B the following:
'PART C
Sec. C-l. 22 MRSA §20, sub-§l, ^[A, as enacted by PL 2019, c. 523, §1, is
amended to read:
A, Be licensed, or eligible for licensure, as a physician under Title 32, chapter 3^-w
48 153 or as an advanced practice registered nurse under Title 32, chapter 31; or
Sec. C-2. 22 MRSA §264, sub-§3, ^B., as amended by PL 2025, c. 127, §2, is
farther amended to read:
Page4-132LR3058(02)
COMMIHEE AMENDMENT
COMMITTEE AMENDMENT "/\" to H.P. 1509, L.D. 2233
'^
H. An advanced practice registered nurse who is licensed under Title 32, chapter 31
or a health care provider who is licensed under Title 32, chapter 36 or '18153. and who
has experience m delivermg services to mdividuals with intellectual disabilities or
autism;
Sec. C-3. 22 MRSA §264, sub-§3, <?[-!, as corrected by RR 2025,c,1, R. A,
§28, is amended to read:
H-1. An advanced practice registered nurse who is licensed under Title 32, chapter 31
or a health care provider who is licensed under Title 32, chapters 36 or 18 chapter 1 53
and who has experience as a primary care provider;
Sec. C-4. 22 MRSA §1241, sub-§3, as amended by PL 2019,c. 627,R. B, §5 and
PL 2025, c, 316, §3, is further amended to read:
3. Health care professional. "Health care professional" means an allopafhic
physician licensed pursuant to Title 32, chapter 4& 153, an osteopathic physician licensed
pursuant to Title 32, chapter 36 153. a physician associate licensed pursuant to Title 32,
chapter 36 or 48 153. an advanced practice registered nurse who has a written collaborative
agreement with a collaborating physician that authorizes the provision of sexually
transmitted disease therapy or expedited partner therapy or an advanced practice registered
nurse who possesses appropriate clinical privileges in accordance with Title 3 2, chapter 31.
Sec. C"5. 22 MRSA §1502, first % as amended by PL 2017, c. 407, Pt, A,§70, is
further amended to read;
In addition to the ability to consent to treatment for health services as provided in
sections 1823 and 1908 and Title 32, sections 2595,3292,3817,6221 afid. 7004 and 20156.
a minor may consent to treatment for substance use disorder or for emotional or
psychological problems.
Sec. C-6. 22 MRSA §1508, sub-§l, ^C, as enacted by PL 2023, c, 413, §1, is
amended to read:
C. "Health care professional" means a person qualified by training and experience to
provide and monitor the provision of gender-affinning hormone therapy who is
authorized by law to prescribe medication and who is:
(1) Licensed by the Maine B oard of Licensure in Medicine under Title 3 2, chapter
4S 153: or
(2) Licensed by the Board ofOsteopathic Licensure under Title 32, chapter 36; or
(3) Licensed by the State Board of Nursing as an advanced practice registered
nurse under Title 32, chapter 31.
Sec. C-7. 22 MRSA §1531, sub-§l, as amended by PL 2019,c. 613,§1, is further
amended to read:
* 1. Prophylactic ophthalmic ointmeat and reporting requirement. Every
physician, midwife or nurse in charge shall instill or cause to be instilled into the eyes of
an infant within 24 hours after its birth prophylactic ophthatmic ointment. If one or both
eyes of an infant become reddened or inflamed at any time within 4 weeks after birth, the
midwife, nurse or person having charge of the infant shall report the condition of the eyes
at once to the infant's primary care provider licensed under Title 32, chapter 36 or 48 153.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "A " to H.P. 1509, L.D. 2233
Sec. C-8. 22 MRSA §1596, sub-§l, ^fC, as enacted by PL 2019, c, 262, §1 and
amended by PL 2025, c. 316, §3, is further amended to read:
C. "Health care professional" means a physician or physician associate licensed under
Title 32, chapter 36 or 18 153 or a person licensed under Title 32, chapter 31 to practice
as an advanced practice registered nurse.
Sec. C-9. 22 MRSA §1597-A, sub-§l, ^B, as amended by PL 2019, c, 627, Pt. B,
§6 and PL 2025, c. 316, §3, is further amended by amending subparagraph (5) to read:
(5) A physician associate licensed by the Maine Board of fcieefiswe-ffi Medicine,
Title 32, chapter 4» 153:
Sec. C-10. 22 MRSA §1597-A, sub-§l, ^B, as amended by PL 2019, c. 627, R.
B, §6 and PL 2025, c. 316, §3, is further amended by amending subparagraph (6) to read:
(6) A nurse practitioner registered by the Maine Board ofLioensure in Medicine,
Title 32, chapter 48 153;
Sec. C-ll. 22 MRSA §1598, sub-§l-B, as enacted by PL 2023, c, 416, §3 and
reallocated by RR 2023, c. 1, R. A, §8, is amended to read:
1-B. Abortion after viability. After viability, an abortion may be performed only
when it is necessary in the professional judgment of a physician licensed pursuant to Title
32, chapter 36 or 18 153. The physician shall apply the applicable standard of care in
making a professional judgment under this subsection.
Sec. C-12. 22 MRSA §1598, sub-§3, ^[A, as amended by PL 2023, c. 416, §4 and
PL 2025,c. 316, §3, is further amended to read:
A. Only a person licensed under Title 32, chapter 36 or 18 153 to practice in the State
as an osteopathic or medical physician or physician associate or a person licensed under
Title 32, chapter 31 to practice in the State as an advanced practice registered nurse
may perform an abortion on another person. Nothing iti this This paragraph teaite does
not limit the applicability of Title 32. section S3W- 20104 or any other civil or criminal
law that may apply.
Sec. C-13. 22 MRSA §1711-C, sub-§l, ^]E, as amended by PL 1999, c, 512, Pt.
A, §5 and affected by §7 and c. 790, Pt. A, §§58 and 60, is further amended by amending
0 the first blocked paragraph to read:
"Health care information" does not include mformation that is created or received by a
member of the clergy or other person using spiritial means alone for healing as
provided in Title 32, sections 2103 and 33W 20103.
See. C-14. 22 MRSA §1711-C, sub-§6, ^A, as amended by PL 2013, c. 326, §1,
is further amended by amending subparagraph (2), division (e) to read:
(e) A physician specializing in psychiatry licensed under the provisions of
Title 32, chapter 36 or 18 153.
Sec. C-15. 22 MRSA §1823, first ^ as amended by PL 2019, c. 236, §1, is further
amended to read:
Any hospital licensed under this chapter or alcohol or drug treatment facility licensed
pursuant to section 7801 that provides facilities to a minor in connection with the
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "fS " to H,P. 1509, L.D. 2233
•A"'
prevention of a sexually transmitted infection or the treatment of that minor for a sexually
transmitted infection or treatment of that minor for substance use or for the collection of
sexual assault evidence through a sexual assault forensic examination is not under fie an
obligation to obtain the consent of that minor's parent or guardian or to inform that parent
or guardian of the provision of such facilities se, as long as such facilities have been
provided at the direction of the person or persons referred to in Title 32, Qootiona 2595,
3393? section 3817, 6221 w. 7004 or 20156, The hospital shall notify and obtain the
consent of that minor's parent or guardian if that hospitalization contmues for more than 16
hours.
Sec. C-16. 22 MRSA §2383-B, sub-§3, ^B-l, as enacted by IB 1999, c, 1, §8, is
amended to read:
B-l. "Physician" means a person licensed as an OQtoopathic physician by the Board of
Osteopathio Licensure pursuant to Title 32, chapter 36 or a person licensed as a
physician or surgeon by the Maine Board of Liee&swMa Medicine pursuant to Title
32. chapter 4«153.
Sec. C-17. 22 MRSA §2421-A, sub-§37, as enacted by PL 2023,c.679,Pt. A, §3,
is amended to read:
37. Physician. "Physician" means an mdividual UcenQod as an osteopathic phyQician
by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or an mdividual
licensed as a physician or surgeon by the Maine Board of Lioenoure in Medicine pursuant
to Title 32, chapter 4S 153 who is in good standing and who holds a valid federal Drug
Enforcement Administration license to prescribe drugs.
Sec. C-18. 22 MRSA §2421-A, sub-§38, as enacted by PL 2023,c. 679, Pt. A, §3
and amended by PL 2025, c. 316, §3, is further amended to read:
38. Physician associate. "Physician associate" means an individual licensed as a
physician associate by the Board of Osteopathio Lioensure pursuant to Title 32, chapter 36
or an individual licensed as a physician asoooiate by the Maine Board of Lioensure in
Medicme pursuant to Title 32, chapter 48 153 who is in good standing and who holds a
valid federal Drug Enforcement Administration license to prescribe drugs.
Sec. C-19. 22 MRSA §3174-111, sub-§l, as enacted by PL 2021,c.708,§1 and
amended by PL 2025, c. 316, §3, is further amended to read;
1. Reimbursement. The department shall provide reimbursement under the
MaineCare program for pasteurized donor breast milk provided to an infant receiving
benefits under this chapter if a physician or physician associate licensed under Title 32,
chapter 36 or i\ 8 153 or an advanced practice registered nurse licensed under Title 32,
6 chapter 31 signs an order stating that:
A. The infant is medically or physically unable to receive maternal breast milk or
participate in breastfeeding or the infant's mother is medically or physically unable to
produce maternal breast milk in quantities sufficient for the infant; and
B, The infant:
(1) Was born at a buth weight of less than 1,500 grams;
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "Ck- " to H.P. 1509, L.D. 2233
(2) Has a gastrointestinal anomaly or metabolic or digestive disorder or is
recovering from intestinal surgery and the infant's digestive needs require
additional support;
(3) Is not appropriately gaining weight or growuig;
(4) Has formula intolerance and is experiencing weight loss or difficulty feeding;
(5) Has low blood sugar;
(6) Has congenital heart disease;
(7) Has received or will receive an organ transplant; or
(8) Has another serious medical condition for which donor breast milk is medically
necessary.
Sec. C-20. 24 MRSA §2505, 2nd ^, as amended by PL 2015, c. 429, §8 and PL
2025,c.316,§3, is further amended to read:
Except for specific protocols developed by a board pursuant to Title 32, section
2596 A, 3298 or 18323 or Title 32. section 20113. subsection 1. paraeraph O. a physician
or physician associate, dentist or committee is not responsible for reportmg misuse of
alcohol, drugs or other substances or professional incompetence or malpractice as a result
of physical or mental infirmity or by the misuse of alcohol, drugs or other substances
discovered by the physician, physician associate, 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, drugs or other substances or
professional incompetence or malpractice as a result of physical or mental infirmity or by
the misuse of alcohol, drugs or other substances, as long as that information is reported to
the professional review committee. This section does not prohibit an impaired physician,
physician associate or dentist from seeking alternative forms of treatment.
Sec. C-21. 24 MRSA §2510, sub-§6, as amended by PL 2011, c, 190, §6, is further
amended to read:
6. Disciplinary action. Disciplinary action by the Maine Board of Lioensure in
Medicine is in accordance with Title 32, chapter ,18; disciplinary action by the Board of
Ostoopathic Licenouro is in aooordanoe with Title 32, chapter 36; 153 and disciplinary
action by the State Board of Vetermary Medicine is in accordance with Title 32, chapter
71-A.
Sec. C-22. 24 MRSA §2510-A, first ^, as enacted by PL 1997, c. 697, §7, is
amended to read;
Except as otherwise provided by this chapter, all professional competence review
records are privileged and confidential and are not subject to discovery, subpoena or other
means of legal compulsion for their release to any person or entity and are not admissible
as evidence in any civil, judicial or administrative proceeding, Information contained in
professional competence review records is not admissible at trial or deposition in the form
of testmiony by an individual who participated in the \vritten professional competence
review process. Nothmg m this This section may not be read to abrogate the obligations to
report and provide information under section 2506r-HeF or the application of Title 32,
sections 2599 and 3296 section 20154.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT 'A/ " to H,P. 1509, L.D. 2233
Sec. C-23. 24 MRSA §2607, first ^[, as con-ected by RR 2017, c. 2, §8, is amended
to read:
When 3 notices of professional liability claims are made within a 10-year period
regarding any person licensed by the Maine Board of Lioensure in Medicine or the Board
of Ootoopathio Liconouro and one or more of the claims, following an initial review,
potentially may rise to a level of misconduct sufficient to merit board action, the board
shall treat that sitjation as a complaint against the licensee or practitioner and shall initiate
a review consistent with Title 32, sections 3282 A to 3289 chapter 153. subchapter 4. Any
claims that lack merit or fail to rise to a level of board action may be dismissed by the board
for the purpose of this section.
Sec. C-24. 24-A MRSA §4303-G, sub-§l, ^B, as enacted by PL 2023, c. 40, §1
and affected by §2, is amended to read:
B. "Maintenance of certification program" means satisfactory participation in a
program beyond the contmumg medical education requirements currently m place by
the Maine Board ofLicensuro in Medicine or Board of OQtoopathic Liconsuro, or mitial
board certification by a national or regional medical specialty board.
Sec. C-25. 24-A MRSA §4303-G, sub-§l, ^D, as enacted by PL 2023, c. 40, §1
and affected by §2, is amended to read:
D. "Physician" means an individual licensed under Title 32, chapter 36 or ^18 153.
Sec. C-26. 24-A MRSA §4306, first ^, as amended by PL 2019, c. 627, Pt. A, §1
and affected by §3 and amended by PL 2025, c. 316, §3, is further amended to read:
A carrier offermg or renewing a managed care plan shall allow enrollees to choose theu-
own primary care providers, as allowed under the managed care plan's rules, from among
the panel of participating providers made available to enrollees under the managed care
plan's rules. A carrier shall allow physicians, mcluding, but not lunited to, pediatricians
and physicians who specialize in obstetrics and gynecology, and physician associates
licensed pursuant to Title 32, section 259/1 E or section 3270 B 20125 and certified nurse
practitioners who have been approved by the State Board of Nursing to practice advanced
practice registered nursing without the supervision of a physician pursuant to Title 32,
section 2102, subsection 2-A to serve as primary care providers for managed care plans. A
carrier is not required to contract with certified nurse practitioners, physician associates or
physicians as primary care providers in any manner that exceeds the access and provider
network standards required m this chapter or chapter 56, or any rules adopted pursuant to
those chapters. A carrier shall allow enrollees m a managed care plan to change primary
care providers without good cause at least once annually and to change with good cause as
6 necessary. When an enrollee fails to choose a primary care provider, the carrier may assign
the enrollee a primary care provider located in the same geographic area in which the
enroUee resides.
Sec. C-27. 24-A MRSA §4314, sub-§l, ^A, as amended by PL 2023, c, 580, §3,
is further amended to read;
A. "Eye care provider" means a participating provider who is an optometrist licensed
to practice optometry pursuant to Title 32, chapter 151, or an ophthahnologist licensed
to practice medicine pursuant to Title 32, chapter 36, /18 or 145 or 153.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "1\ " to H.P. 1509, L,D, 2233
•A"
Sec. C-28. 24-A MRSA §4320-0, sub-§l, as enacted by PL 2019,c. 627, Pt. A,
§2 and affected by §3 and amended by PL 2025,c,316,§3, is further amended to read:
1. Services provided by a physician associate. A carrier offering a health plan. in
this State shall provide coverage for health care services performed by a physician associate
licensed under Title 32, section 2594 E or 3270 B 20125 when those services are covered
services under the health plan when performed by any other health care provider and when
those services are within the lawful scope of practice of the physician associate.
Sec. C-29. 24-A MRSA §4320-V, sub-§l, as enacted by PL 2023,c. 229, §1 and
affected by §2 and amended by PL 2025, c. 316, §3, is further amended to read;
1. Required coverage. A carrier offering a health plan in this State shall provide
coverage for pasteurized donor breast milk provided to an infant eligible for coverage under
the health plan if a physician or physician associate licensed under Title 32, chapter 36 or
48-153 or an advanced practice registered nurse licensed under Title 32, chapter 3 1 signs
an order stating that:
A. The infant is medically or physically unable to receive maternal breast milk or
participate in breastfeeding or the infant's parent is medically or physically unable to
produce maternal breast milk in quantities sufficient for the infant; and
B. The infant;
(1) Was born at a birth weight of less than 1,500 grams;
(2) Has a gastrointestmal anomaly or metabolic or digestive disorder or is
recovering from intestinal surgery and the infant's digestive needs require
additional support;
(3) Is not appropriately gainmg weight or growing;
(4) Has formula mtolerance and is experiencing weight loss or difficulty feeding;
(5) Has low blood sugar;
(6) Has congenital heart disease;
(7) Has received or will receive an organ transplant; or
(8) Has another serious medical condition for which donor breast milk is medically
necessary.
Sec. C-30. 25 MRSA §1542-A, sub-§l, ^N, as amended by PL 2017, c. 457, §12,
is further amended to read:
N. Who is licensed under Title 32, chapter 4S 153 and has applied for an expedited
license under Title 32, section 18506;
Sec. C-31. 25 MRSA §1542-A, sub-§l, ^P, as repealed and replaced by PL 2019,
c.399, §2 and c. 402, §2, is repealed.
Sec. C-32. 25 MRSA §1542-A, sub-§l, ^DD, as enacted by PL 2025, c. 366, §2
and amended by c, 316, §3, is further amended to read:
DD. Who is an applicant for licensure as a physician associate with the Maine Board
of Osteopathio Licensure Medicine, or who is a licensed physician associate seeking a
compact privilege, as required under Title 32, section 2591 G 20126.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "A " to H.P. 1509, L.D. 2233
Sec. C-33. 25 MRSA §1542-A, sub-§l, IpEE, as enacted by PL 2025, c. 366, §3
and amended by c, 316, §3, is repealed.
Sec. C-34. 25 MRSA §1542-A, sub-§3, ^M, as enacted by PL 2017, c. 253, §3,
is amended to read:
M. The State Police shall take or cause to be taken the fingerprmts of the person named
in subsection 1, paragraph N at the request of that person and upon payment of the
expenses by that person as required by Title 32, section 3275 A 20129.
Sec. C-35. 25 MRSA §1542-A, sub-§3, ^[0, as repealed and replaced by PL 2021,
c. 293, Pt. A, §36, is repealed.
Sec. C-36. 25 MRSA §1542-A, sub-§3, ^CC, as enacted by PL 2025, c. 366, §9,
is repealed.
Sec. C-37. 25 MRSA §1542-A, sub-§3, ^DD, as enacted by PL 2025, c. 366, §10,
is amended to read:
DD. The State Police shall take or cause to be taken the fmgerprints of the person
named in subsection 1, paragraph EB DD at the request of that person or the Maine
Board ofLioonsure in Medicme and upon payment of the fee by that person as required
by Title 32, section 3270 H 20129,
Sec. C-38. 25 MRSA §1542-A, sub-§4, as repealed and replaced by PL 2021, c.
293, Pt. A, §42, is amended to read:
4. Duty to submit to State Bureau of Identification. It is the duty of the law
enforcement agency taking the fmgerprints as required by subsection 3, paragraphs A, B
and G to transmit immediately to the State Bureau of Identification the criminal fmgerprint
record, Fingerprints taken pursuant to subsection 1, paragraph C, D, E or F or pursuant to
subsection 5 may not be submitted to the State Bureau of Identification unless an express
request is made by the commanding officer of the State Bureau of Identification.
Fingerprints taken pursuant to subsection 1, paragraph G must be transmitted unmediately
to the State Bureau of Identification to enable the bureau to conduct state and national
criminal history record checks for the Department of Education. The bureau may not use
the fingerprints for any purpose other than that provided for under Title 20-A, section 6103.
0 The bureau shall retain the fingerprints, except as provided under Title 20-A, section 6103,
subsection 9. Fingerprints taken pursuant to subsection 1, paragraph I and subsection 3,
2 paragraph I must be transmitted immediately to the State Bureau of Identification to enable
the bureau to conduct state and national crunmal history record checks for the court and
the Department of Public Safety, Gambling Control Board, respectively. Fingerprints
taken pursuant to subsection 1, paragraph J or S must be transmitted immediately to the
State Bureau of Identification to enable the bureau to conduct state and national criminal
history record checks for the Department of Administrative and Financial Services.
8 Fingorprmto falcon pursuant to subsection 1, paragraph P must be transmitted immediately
to the State Bureau of Identification to onable the bureau to conduct state and national
criminal history record chooko for tho Board of OQteopathic Lioonsuro, established iti Title
32, ohaptor 36. Fingerprints taken pursuant to subsection 1, paragraph N must be
transmitted immediately to the State Bureau of Identification to enable the bureau to
conduct state and national crimmal history record checks for the Maine Board ofLieeeswe
is Medicine, established in Title 32, chapter 48 153, Fingerprints taken pursuant to
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " /V" to H.P. 1509, L,D. 2233
"A'1
subsection 1, paragraph Q must be transmitted immediately to the State Bureau of
Identification to enable the bureau to conduct state and national criminal history record
checks for the State Board of Nursing, established in Title 32, chapter 31, Fingerprmts
taken pursuant to subsection 1, paragraph 0 must be transmitted immediately to the State
Bureau of Identification to enable the bureau to conduct state and national criminal history
record checks under Title 28-B, section 204. Fingerprints taken pursuant to subsection 1,
paragraph R, T or W must be transmitted immediately to the State Bureau of Identification
to enable the bureau to conduct state and national criminal history record checks for the
Department of Health and Human Services, Fingerprints taken pursuant to subsection 1,
paragraph V must be transmitted immediately to the State Bureau of Identification to enable
the bureau to conduct state and national criminal history record checks for the Office of the
State Auditor.
Sec. C-39. 26 MRSA §599-A, sub-§5, as enacted by PL 2019, c, 513, §1, is
amended to read:
5. Effective date of a noncompete agreement. Except for a noncompete agreement
between an employer and an allopathic physician or an osteopathic physician licensed
under Title 32, chapter 18 or chapter 36, respectively 153, the terms of a noncompete
agreement do not take effect until after one year of the employee's employment with the
employer or a period of 6 months from the date the agreement was signed, whichever is
later.
Sec. C-40. 30-A MRSA §1559, sub-§6, as amended by PL 2001,c.667, Pt. A,
§48, is further amended to read:
6. Administration of medication not a violation. The admmistration of medication
to prisoners, as provided in this section, is not a violation of Title 32, section 2102,
subsection 2, paragraph F? or Title 32, section 3370? 20104 or any other law.
Sec. C-41. 32 MRSA §85, sub-§7, as repealed and replaced by PL 2025, c. 70, § 1,
is amended to read:
7. Delegation. A person actmg under delegated authority pursuant to chapter
153 may not use or be governed by a license issued pursuant to this chapter while acting
under that delegated authority, and a person acting under a license issued pursuant to this
chapter may not be governed by delegated authority or engage in any activities delegated
pursuant to chapter 36 or 48 153 while actmg under a license issued pursuant to this chapter,
Sec. C-42. 32 MRSA §3811, sub-§3, as amended by PL 1977, c. 564, §124, is
further amended to read:
3. Limitation. Nothing m this This chapter sbatt may not be constmed as permitting
the practice of medicine as defined in section S379 20102. subsection 11 by psychological
examiners or psychologists.
Sec. C-43. 32 MRSA §3837-A, sub-§l, ^D, as enacted by PL 2007, c. 402, Pt. Q,
§ 14, is amended to read;
D. Practice of medicine without a license to do so in violation of section 3270 chapter
153;
Sec. C-44. 32 MRSA §4329, first % as enacted by PL 1997,c.206,§1, is amended
to read:
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "A " to H.P. 1509, L.D. 2233
.os
This chapter does not restrict the activities of a physician or surgeon licensed under
chapter4& 153.
See. C-45. 32 MRSA §9855, sub-§4, as repealed and replaced by PL 2005, c, 511,
§6 and amended by PL 2025,c,316,§3, is further amended to read;
4. Limited radiographer license. For those applicants wishmg to be licensed only
for the limited purpose of using ionizmg radiation for unagmg purposes in the office of a
licensed practitioner or for physician associates practicing under section 3270 A 20151 or
nurses practicing under section 2102, subsection 2, paragraph C m a clinic not required to
be licensed under Title 22, chapter 405, the board shall grant a limited license and shall, in
approving a course of sfcidy, training and examination for these applicants, consider the
limited scope of practice of the various disciplines. Those aspects of study, framing and
examination relating to patient safety must be identical to the requirements for a full
license,
Sec. C-46. 32 MRSA §13786-C, first ^, as enacted by PL 2015, c, 488, §31, is
amended to read:
A pharmacist who dispenses opioid medication in good faith is immune from any civil
liability that might otherwise result from dispensing medication in excess of the limit
established m section 2210, subsection 1, paragraphs A and B; section 2600 C, oubooction
1, paragraphs A and B; section 3300 F, subsection 1, parugraphQ A and B; section 3657,
subsection 1, paragraphs A and B; e? section 18308, subsection 1, paragraphs A and Br; or
section 20161. subsection 1. paraCTaphs A and B. if the medication was dispensed in
accordance with a prescription issued by a practitioner. In a proceeding regarding
immunity from liability, there is a rebuttable presumption of good faith.
Sec. C-47. 32 MRSA §13810, sub-§2, as enacted by PL 1997, c. 109, §1, is
amended to read:
2. Administration. Administer, in the course of employment, such drugs as are
approved under subsection 1 according to written protocols approved annually by the
employer's professional advisory committee, which must include a physician licensed
under chapter 36 or chapter 48153,
Sec. C-48. 32 MRSA §19101, sub-§25, as enacted by PL 2023, c, 580, §8, is
amended to read;
25. Provider. "Provider" means an individual licensed as an optometrist under this
chapter or an individual licensed as an osteopathic physician or medical doctor under
chapter 36, /18 or 145 or 153 who has also completed a residency in ophthalmology.
Sec. C-49. 34-B MRSA §7003, sub-§6, as enacted by PL 1983, c. 459, §7, is
amended to read;
6. Physician. "Physician" means any person licensed to practice medicine under Title
32, chapter ,18, subohapter II, or under Title 32, chapter 36, subohaptera 11 and IV 153.
Sec. C-50. 34-B MRSA §7003, sub-§7, as enacted by PL 1983, c. 459, §7, is
amended to read:
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/^ " to H,P. 1509, L.D. 2233
•A"'
7. Psychiatrist. "Psychiatrist" means a physician licensed to practice medicine under
Title 32, chapter /)8, subchapter II 153. who specializes in the diagnosis and treatment of
mental disorders.
Sec. C-51. 36 MRSA §5122, sub-§2, ^SS, as amended by PL 2021, c. 635, Pt. H,
§ 17 and affected by § 18, is further amended to read:
SS. For taxable years beginning on or after January 1, 2020, to the extent included in
federal adjusted gross income, student loan payments made by the taxpayer's employer
directly to a lender on behalf of a qualified health care employee. As used in this
paragraph, "qualified health care employee" means an individual who is employed by
a hospital located in this State and who is licensed under Title 32, chapter 31,
subchapter 3 or 4; chaptor 36, subohapter 4; or Title 32, chapter 4S- 153. subchapter S
3.
Sec. C-52. 36 MRSA §5219-LL, sub-§l, ^A, as amended by PL 2015, c. 108, §1
and affected by §2, is further amended to read:
A. "Eligible primary care professional" means aperson licensed under Title 32, chapter
31, subchapter 3 or subchapter 4; Title 32, chapter 3 6, oubchapter t\; or Title 32, chapter
4& 153, subchapter S 3. and who, on or after January 1,2013:
(1) Practices primary care medicine m the State as part of an existing health care
practice in an underserved area or establishes a new health care practice or
purchases an existmg health care practice in an underserved area;
(2) Agrees to practice fall time for at least 5 years followmg certification under
subsection 3 in an underserved area;
(3) Is certified under subsection 3 to be eligible by the Department of Health and
Human Services; and
(4) Has an unpaid student loan owed to an institution for course work directly
related to that person's framing in primary care medicine.
Sec. C-53. 37-B MRSA §185, sub-§l-A, as amended by PL 2019,c. 627,R. B,
§21 and PL 2025, c. 316, §3, is further amended to read:
1-A. Immunity from civil and criminal liability for collaborating or consulting
physician. Subsection 1 applies to a collaborating or consulting physician of a physician
associate under Title 32, section 259/1 F or 3270 G 20152:
A. With regard to any act of the physician associate in providing services to individuals
not on active state service;
B. When the physician associate is on active state service in the performance of the
physician associate's duty; and
C. When the collaboratmg or consulting physician is not on active state service.
PART D
Sec. D-l. Appropriations and allocations. The following appropriations and
allocations are made.
ATTORNEY GENERAL, DEPARTMENT OF THE
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/V" to H.P, 1509, L.D. 2233
"A"1
R0§
2025-26
0.000
$0
$0
2026-27
2,000
$410,984
$147,403
Administration - Attorney General 0310
Initiative: Provides fundmg for 2 Assistant Attorney General positions and related costs to
handle increased hearing boards, hearing panels and disciplinary cases and hearmg panels
convened sunultaneously.
OTHER SPECIAL REVENUE FUNDS
POSITIONS - LEGISLATIVE COUNT
Personal Sendces
All Other
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $558,387
ATTORNEY GENERAL, DEPARTMENT OF THE
DEPARTMENT TOTALS 2025-26 2026-27
OTHER SPECIAL REVENUE FUNDS $0 $558,387
DEPARTMENT TOTAL-ALL FUNDS $0 $558,387
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
Maine Board of Medicine N581
Initiative: Establishes one Assistant Executive Director position, one Consumer Assistance
Supervisor position, one Consumer Assistance Specialist position, one Physician IH
position, one Comprehensive Health Planner H position, 0.5 Office Assistant I position, 5
Office Specialist II positions, one Office Specialist II position, one Secretary position, one
Secretary Associate position and one Public Service Executive III position and provides
funding for related All Other costs.
OTHER SPECIAL REVENUE FUNDS
POSITIONS - LEGISLATIVE COUNT
Personal Services
All Other
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $1,415,473
Maine Board of Medicine N581
Initiative: Establishes 22 commission board members.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
POSITIONS - FTE COUNT 0.000 1,692
Personal Services $0 $17,125
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $17,125
Maine Board of Medicine N581
Initiative: Provides one-time allocation for transition and implementation costs.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
AllOther $0 $200,000
COMMITTEE AMENDMENT
2025-26
0.000
$0
$0
2026-27
14.500
$865,921
$549,552
COMMITTEE AMENDMENT "J^" to H.P, 1509, L.D. 2233
COMMITTEE AMENDMENT "i^' 1
ROSi
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $200,000
Maine Board of Medicine N581
Initiative: Provides funding to reimburse the Office of the Attorney General for legal costs.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
AHOther $0 $558,387
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $558,387
PROFESSIONAL AND FNANCIAL
REGULATION, DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
OTHER SPECIAL REVENUE FUNDS $0 $2,190,985
DEPARTMENT TOTAL-ALL FUNDS $0 $2,190,985
SECTION TOTALS 2025-26 2026-27
OTHER SPECIAL REVENUE FUNDS $0 $2,749,372
SECTION TOTAL-ALL FUNDS $0 $2,749,372
Amend the bill by relettermg or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment makes the following changes m Part A.
1. It adds a provision from current law providing that the requirement for an individual
to be licensed to practice medicine may not be constmed to affect or prevent the practice
of the religious tenets of a church in the ministration to the sick or suffering by mental or
spiritual means.
2. It makes changes relating to the regulation of physician associates,
3. It adds additional reporting requirements in the Maine Board of Medicine's annual
report to the Legislature,
4. It requires that at least one board member serving on an adjudicatory hearing panel
hold the same license as a Ucensee or applicant for licensure whose case is being
adjudicated and that that member be present for purposes of a quorum when a decision is
8 made by an adjudicatory hearing panel.
5. It requires that the board convene a meeting on the 2nd Tuesday in January 2027 to
elect a chair, vice-chair and a secretary, who hold their respective offices until the 2nd
Tuesday in July 2027.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "B-" to H.P, 1509, L.D. 2233
6. It provides for staggered terms of initial appointments made to the board.
7. It delays the review of the newly merged board pursuant to the State Government
Evaluation Act until 2029.
8, It clarifies that licenses issued by the Board of Licensure in Medicine and Board of
Osteopathic Licensure remain in effect until their expiration and the authority over those
licenses is transferred to the Maine Board of Medicine as of the effective date of Part A.
The amendment adds Part C to correct and update cross-references in the Maine
Revised Statutes to provisions of law repealed in Part A and to correct and update cross-
references to the Board of Licensure in Medicine and Board of Osteopathic Licensure
wherever those terms appear or reference is made to those entities in the statutes.
The amendment also adds Part D to incorporate an Other Special Revenue Funds
allocation to support costs associated with the transition and unplementation of the Board
of Licensure in Medicine and the Board of Osteopathic Licensure into the Maine Board of
Medicine. The amendment establishes positions for staff and board members of the Maine
Board of Medicine and allocates funding to reimburse the Office of the Attorney General
for 2 additional positions and legal costs associated with representmg the Maine Board of
Medicine.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 04/07/26 i-KL
LD 2233 LR 3058(02)
An Act to Combine the Board ofLicensure in Medicine and Board of Osteopathic Licensure into a
Single Licensing Board for All Physicians and Physician Associates
Fiscal Note for Bill as Amended by Committee Amendment 'A"/
Committee: Health Coverage, Insurance and Financial Services
Fiscal Note Required: Yes
Fiscal Note
Appropriations/Allocations
Other Special Revenue Funds
Revenue
Other Special Revenue Funds
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
$0 $2,749,372 $2,625,813 $2,705,453
$0
$2,108,264 $3,679,476 $3,701,'
Fiscal Detail and Notes
The bill includes an Other Special Revenue Funds allocation to the Department of Professional and Financial
Regulations of $1,632,598 in fiscal year 2026-27 to establish 14,5 positions, 22 commission board members and an
addition allocation for transitions and implementation costs to support the consolidation of the Board ofLicensure in
Medicine and the Board of Osteopathic Licensure into the Maine Board of Medicine, The bill also includes an Other
Special Revenue Funds allocation to the Department of Professional and Financial Regulations of $558,387 to
reimburse the Office of the Attorney General for legal costs.
The new board of medicine is estimated to generate revenue of $1,549,877 in fiscal year 2026-27, $3,099,754 in fiscal
year 2027-28 and $3,099,754 in fiscal year 2028-29.
The bill includes an Other Special Revenue Funds allocation to the Office of the Attorney General for $558,387 in
fiscal year 2026-27 for 2 Assistant Attorney General positions and related costs to handle increased hearing boards,
hearing panels, disciplinary cases and hearing panels convened simultaneously. Other Special Revenue Funds
revenue to the Office will increase by $558,387 in fiscal year 2026-27 from reimbursement of the Office's legal costs
from the Maine Board of Medicine.
Any additional costs to the Department of Public Safety from the provisions of this bill are expected to be minor and
can be absorbed within existing budgeted resources,
LR3058(02) - Fiscal Note - Page 1 of 1