reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 1: PROFESSIONAL COMPETENCE REPORTS › 24 §2504. Professional societies

§2504. Professional societies
Every state professional society shall establish a professional competence committee of its members pursuant to written bylaws approved by the society's governing board. The committee shall receive, investigate and determine the accuracy of any report made to the society of any member physician's acts amounting to gross or repeated medical malpractice, misuse of alcohol, drugs or other substances that may result in the member physician's performing services in a manner that endangers the health or safety of patients or professional incompetence.   [PL 2013, c. 105, §1 (AMD).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 2013, c. 105, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 1: PROFESSIONAL COMPETENCE REPORTS › 24 §2505. Committee and other reports

§2505. Committee and other reports
Any professional competence committee within this State and any physician or physician assistant licensed to practice or otherwise lawfully practicing within this State shall, and any other person may, report the relevant facts to the appropriate board relating to the acts of any physician or physician assistant in this State if, in the opinion of the committee, physician, physician assistant or other person, the committee or individual has reasonable knowledge of acts of the physician or physician assistant amounting to gross or repeated medical malpractice, misuse of alcohol, drugs or other substances that may result in the physician's or the physician assistant's performing services in a manner that endangers the health or safety of patients, professional incompetence, unprofessional conduct or sexual misconduct identified by board rule. The failure of any such professional competence committee or any such physician or physician assistant to report as required is a civil violation for which a fine of not more than $1,000 may be adjudged.   [PL 2013, c. 355, §1 (AMD).]
Except for specific protocols developed by a board pursuant to Title 32, section 2596‑A, 3298 or 18323, a physician or physician assistant, dentist or committee is not responsible for reporting 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 assistant, 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 assistant or dentist from seeking alternative forms of treatment.   [PL 2015, c. 429, §8 (AMD).]
The confidentiality of reports made to a board under this section is governed by this chapter.   [PL 2011, c. 524, §8 (NEW).]
SECTION HISTORY
PL 1967, c. 183 (RPR). PL 1977, c. 492, §3 (NEW). PL 1985, c. 185, §2 (AMD). PL 1993, c. 600, §A18 (AMD). PL 1997, c. 107, §3 (AMD). PL 2003, c. 601, §1 (AMD). PL 2007, c. 380, §1 (AMD). PL 2011, c. 524, §8 (AMD). PL 2013, c. 105, §§2, 3 (AMD). PL 2013, c. 355, §§1, 2 (AMD). PL 2015, c. 429, §8 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 1: PROFESSIONAL COMPETENCE REPORTS › 24 §2507. Society reports

§2507. Society reports
Any professional society within this State which takes formal disciplinary action against a member relating to professional ethics, professional incompetence, moral turpitude, or drug or alcohol abuse shall, within 60 days of the action, report in writing to the appropriate board the name of the member, together with pertinent information relating to the action. The report shall include situations in which membership or privileges have been revoked, suspended, limited or otherwise adversely affected by action of the health care practitioner while the health care practitioner was under investigation or the subject of proceedings and it shall also include situations where membership or privileges have been revoked, suspended, limited or otherwise adversely affected by an act of the health care practitioner in return for the professional society's not conducting or for its ceasing such investigation proceeding. The report shall include situations under which an individual under societal investigation resigns during that pending investigation. The failure of any such society to report as required is a civil violation for which a fine of not more than $1,000 may be adjudged.   [PL 1989, c. 462, §2 (AMD).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1989, c. 462, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 1: PROFESSIONAL COMPETENCE REPORTS › 24 §2508. Effect of filing

§2508. Effect of filing
The filing of a report with the board pursuant to this chapter, investigation by the board or any disposition by the board may not, in and of itself, preclude any action by a hospital or other health care facility or health care entity or professional society comprised primarily of physicians to suspend, restrict or revoke the privileges or membership of the physician.   [PL 1997, c. 697, §6 (AMD).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1997, c. 697, §6 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 1: PROFESSIONAL COMPETENCE REPORTS › 24 §2510-A. Confidentiality of professional competence review records

§2510-A. Confidentiality of professional competence review records
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 testimony by an individual who participated in the written professional competence review process. Nothing in this section may be read to abrogate the obligations to report and provide information under section 2506, nor the application of Title 32, sections 2599 and 3296.   [PL 1997, c. 697, §7 (NEW).]
1.  Protection; waiver.
This chapter's protection may be invoked by a professional competence committee or by the subject of professional competence review activity in any civil, judicial or administrative proceeding. This section's protection may be waived only by a written waiver executed by an authorized representative of the professional competence committee.
[PL 1997, c. 697, §7 (NEW).]
2.  Adverse professional competence review action.
Subsection 1 does not apply in a proceeding in which a physician contests an adverse professional competence review action against that physician, but the discovery, use and introduction of professional competence review records in such a proceeding does not constitute a waiver of subsection 1 in any other or subsequent proceedings seeking damages for alleged professional negligence against the physician who is the subject of such professional competence review records.
[PL 1997, c. 697, §7 (NEW).]
3.  Defense of professional competence committee.
Subsection 1 does not apply in a proceeding in which a professional competence committee uses professional competence review records in its own defense, but the discovery, use and introduction of professional competence review records in such a proceeding does not constitute a waiver of subsection 1 in the same or other proceeding seeking damages for alleged professional negligence against the physician who is the subject of such professional competence review records.
[PL 1997, c. 697, §7 (NEW).]
4.  Waiver regarding individual.
Waiver of subsection 1 in a proceeding regarding one physician does not constitute a waiver of subsection 1 as to other physicians.
[PL 1997, c. 697, §7 (NEW).]
SECTION HISTORY
PL 1997, c. 697, §7 (NEW).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 1: PROFESSIONAL COMPETENCE REPORTS › 24 §2510-B. Release of professional competence review records

§2510-B. Release of professional competence review records
Nothing in this section may be read to abrogate the obligations to report and provide information under section 2506.   [PL 1997, c. 697, §7 (NEW).]
1.  Release to other review bodies, agencies, accrediting bodies.
A professional competence committee may furnish professional competence review records or information to other professional review bodies, state or federal government agencies and national accrediting bodies without waiving any privilege against disclosure under section 2510-A.
[PL 1997, c. 697, §7 (NEW).]
2.  Release to physician.
A professional competence committee may furnish professional competence review records to the physician who is the subject of the professional competence review activity and the physician's attorneys, agents and representatives without waiving any privilege against disclosure under section 2510-A.
[PL 1997, c. 697, §7 (NEW).]
3.  Release of directory information.
A professional competence committee may furnish directory information showing membership, clinical privileges, provider panel or other practice status of a physician with the health care entity to anyone without waiving the privilege against disclosure under section 2510-A.
[PL 1997, c. 697, §7 (NEW).]
SECTION HISTORY
PL 1997, c. 697, §7 (NEW).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 1: PROFESSIONAL COMPETENCE REPORTS › 24 §2511. Immunity

§2511. Immunity
Any person acting without malice, any physician, podiatrist, health care provider, health care entity or professional society, any member of a professional competence committee or professional review committee, any board or appropriate authority and any entity required to report under this chapter are immune from civil liability:   [PL 1997, c. 697, §8 (AMD).]
1.  Reporting.
For making any report or other information available to any board, appropriate authority, professional competence committee or professional review committee pursuant to law;
[PL 1987, c. 646, §5 (NEW).]
2.  Assisting in preparation.
For assisting in the origination, investigation or preparation of the report or information described in subsection 1; or
[PL 1987, c. 646, §5 (NEW).]
3.  Assisting in duties.
For assisting the board, authority or committee in carrying out any of its duties or functions provided by law.
[PL 1987, c. 646, §5 (NEW).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 185, §4 (AMD). PL 1985, c. 193 (AMD). PL 1985, c. 737, §A59 (RPR). PL 1985, c. 804, §§7,22 (RPR). PL 1987, c. 402, §B20 (RPR). PL 1987, c. 646, §5 (RPR). PL 1993, c. 600, §A19 (AMD). PL 1997, c. 271, §4 (AMD). PL 1997, c. 697, §8 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 1: PROFESSIONAL COMPETENCE REPORTS › 24 §2512. Appeal (REPEALED)

§2512. Appeal
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1977, c. 694, §385 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 2: LIABILITY CLAIMS REPORTS › 24 §2601. Report of claim

§2601. Report of claim
Every insurer providing professional liability insurance in this State to a person licensed by the Board of Licensure in Medicine or the Board of Osteopathic Licensure or to any health care provider shall make a periodic report of claims made under the insurance to the department or board that regulates the insured. For purposes of this section, a claim is made whenever the insurer receives information from an insured, a patient of an insured or an attorney that an insured's liability for malpractice is asserted. The report must include:   [PL 1997, c. 126, §1 (AMD).]
1.  Date and place.
The date and place of the occurrence for which each claim was made;
[PL 1977, c. 492, §3 (NEW).]
2.  Name of insured; classification of risk.
The name of the insured or insureds and the classification of risk;
[PL 1977, c. 492, §3 (NEW).]
3.  Incident or occurrence for claim.
The incident or occurrence for which each claim was made;
[PL 1977, c. 492, §3 (NEW).]
4.  Amount.
The amount claimed;
[PL 1977, c. 492, §3 (NEW).]
5.  Arbitration agreement.
[PL 1997, c. 592, §8 (RP).]
6.  Filing of suit or arbitration.
[PL 1997, c. 592, §8 (RP).]
7.  Other information.
Such other information as may be required pursuant to section 2603.
[PL 1977, c. 492, §3 (NEW).]
The failure of any insurer providing professional liability insurance in this State to a person licensed by the Board of Licensure in Medicine or the Board of Osteopathic Licensure or any health care provider to report as required is a civil violation for which a fine of not more than $1,000 may be adjudged.   [PL 1993, c. 600, Pt. B, §§21, 22 (AMD).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 804, §§8,22 (AMD). PL 1991, c. 534, §3 (AMD). PL 1993, c. 600, §§B21,22 (AMD). PL 1997, c. 126, §1 (AMD). PL 1997, c. 592, §8 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 2: LIABILITY CLAIMS REPORTS › 24 §2602. Report of disposition

§2602. Report of disposition
1.  Report; finality of judgment or award.
The insurer shall make a report of disposition to the board or department that regulates the insured as provided in subsection 2 if any claim subject to section 2601 results in:
A. A final judgment or award to the claimant in any amount;   [PL 1977, c. 492, §3 (NEW).]
B. A settlement involving payment in any amount of money or services; or   [PL 1977, c. 492, §3 (NEW).]
C. A final disposition not involving any payment of money or services.   [PL 1991, c. 534, §4 (AMD).]
For purposes of this subsection, a judgment or award is final when it can not be appealed, and a disposition is final when it results from judgment, dismissal, withdrawal or abandonment.
[PL 1997, c. 126, §2 (AMD).]
2.
Information included: The report of disposition required pursuant to subsection 1 shall include:
A. The name, address and specialty coverage of the insured;   [PL 1977, c. 492, §3 (NEW).]
B. The insured's policy number;   [PL 1977, c. 492, §3 (NEW).]
C. The date and place of the occurrence which created the claim;   [PL 1977, c. 492, §3 (NEW).]
D. The date of suit, if filed or arbitration if demanded;   [PL 1977, c. 492, §3 (NEW).]
E. The date and amount of judgment, award or settlement, if any;   [PL 1977, c. 492, §3 (NEW).]
F. The allocated claim expense, if any;   [PL 1977, c. 492, §3 (NEW).]
G. The date and reason for final disposition, if no judgment, award or settlement;   [PL 1977, c. 492, §3 (NEW).]
H. A summary of the occurrence which created the claim; and   [PL 1977, c. 492, §3 (NEW).]
I. Such other information as may be required pursuant to section 2603.   [PL 1977, c. 492, §3 (NEW).]
[PL 1977, c. 492, §3 (NEW).]
3.  Fine.
The failure of any insurer providing professional liability insurance in this State to a person licensed by the Board of Licensure in Medicine or the Board of Osteopathic Licensure or any health care provider to report as required is a civil violation for which a fine of not more than $1,000 may be adjudged.
[PL 1993, c. 600, Pt. B, §§21, 22 (AMD).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1979, c. 541, §A161 (AMD). PL 1985, c. 804, §§9,22 (AMD). PL 1991, c. 534, §4 (AMD). PL 1993, c. 600, §§B21,22 (AMD). PL 1997, c. 126, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 2: LIABILITY CLAIMS REPORTS › 24 §2603. Place and form of reports

§2603. Place and form of reports
Claims reports and reports of disposition required by this subchapter shall be made to the Superintendent of Insurance, who shall prescribe the form and content of the reports. The superintendent shall determine the frequency of claims reports, provided the period covered by the reports shall not be less than one month nor more than one year. Reports of disposition shall be made within 60 days of the judgment, award, settlement or other disposition of the claim as provided under section 2602.   [PL 1977, c. 492, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 2: LIABILITY CLAIMS REPORTS › 24 §2604. Records of superintendent

§2604. Records of superintendent
For the purpose of evaluation of policy provisions, rate structures and the arbitration process and for recommendations of further legislation, the Superintendent of Insurance shall retain the information and maintain the files in the form and for such period as the superintendent determines necessary. The superintendent shall maintain the reports filed in accordance with this section, and all data or information derived therefrom that identifies or permits identification of the insured or insureds or the incident or occurrences for which a claim was made, as confidential records. Data and information derived from reports filed in accordance with this section that do not identify or permit identification of the insured or insureds or the incident or occurrence for which a claim was made may be released by the superintendent or otherwise made available to the public. Reports made to the superintendent and records thereof kept by the superintendent are not subject to discovery and are not admissible in any trial, civil or criminal, other than proceedings brought before or by the board.   [PL 2023, c. 123, §4 (AMD).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). RR 2015, c. 1, §25 (COR). PL 2023, c. 123, §4 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 2: LIABILITY CLAIMS REPORTS › 24 §2605. Report to board or licensing authority

§2605. Report to board or licensing authority
The superintendent shall, within 30 days of their receipt, submit to the appropriate board or other state licensing authority a copy or summary of reports received pursuant to section 2601 or section 2602.   [PL 2013, c. 59, §1 (AMD).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 2013, c. 59, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 2: LIABILITY CLAIMS REPORTS › 24 §2606. Immunity

§2606. Immunity
There is no liability on the part of and a cause of action of any nature does not arise against an insurer reporting hereunder or its agents or employees or the superintendent or the superintendent's representatives for any action taken by them pursuant to this subchapter.   [RR 2019, c. 2, Pt. B, §81 (COR).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). RR 2019, c. 2, Pt. B, §81 (COR).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 2: LIABILITY CLAIMS REPORTS › 24 §2607. Claims paid information

§2607. Claims paid information
When 3 notices of professional liability claims are made within a 10-year period regarding any person licensed by the Board of Licensure in Medicine or the Board of Osteopathic Licensure 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 situation as a complaint against the licensee or practitioner and shall initiate a review consistent with Title 32, sections 3282‑A to 3289. 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.   [RR 2017, c. 2, §8 (COR).]
SECTION HISTORY
PL 1985, c. 804, §10 (NEW). PL 1991, c. 534, §5 (AMD). PL 1993, c. 600, §§B21,22 (AMD). RR 2017, c. 2, §8 (COR).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 2: LIABILITY CLAIMS REPORTS › 24 §2608. Cancellation or nonrenewal

§2608. Cancellation or nonrenewal
Any insurer required to report claims information under this subchapter shall also notify the Superintendent of Insurance of the cancellation or nonrenewal of any insured occasioned by either the number of claims against that insured or by the insured's failure to conform to appropriate standards of the medical profession. The information is entitled to the confidentiality protection of section 2604. A copy of the report must be filed by the superintendent, within 30 days of its receipt, with the applicable licensing board or authority.   [PL 2013, c. 59, §2 (AMD).]
SECTION HISTORY
PL 1989, c. 462, §3 (NEW). PL 2013, c. 59, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2701. Application (REPEALED)

§2701. Application
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2702. Agreements (REPEALED)

§2702. Agreements
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2703. Parties (REPEALED)

§2703. Parties
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2704. Commencement of proceedings and reparation offers (REPEALED)

§2704. Commencement of proceedings and reparation offers
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1977, c. 662, §1 (AMD). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2705. Arbitrators (REPEALED)

§2705. Arbitrators
(REPEALED)
SECTION HISTORY
PL 1969, c. 402, §1 (AMD). PL 1977, c. 492, §3 (NEW). PL 1977, c. 662, §2 (RPR). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2706. Depositions; discovery; length of proceeding (REPEALED)

§2706. Depositions; discovery; length of proceeding
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2707. Conduct of proceedings (REPEALED)

§2707. Conduct of proceedings
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2708. Fees and costs (REPEALED)

§2708. Fees and costs
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2709. Awards (REPEALED)

§2709. Awards
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2710. Opinions (REPEALED)

§2710. Opinions
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2711. Noncash awards (REPEALED)

§2711. Noncash awards
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2712. Review (REPEALED)

§2712. Review
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2713. Insurance (REPEALED)

§2713. Insurance
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2714. Legislative review (REPEALED)

§2714. Legislative review
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 3: MEDICAL MALPRACTICE ARBITRATION › 24 §2715. Data collection and evaluation (REPEALED)

§2715. Data collection and evaluation
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). MRSA T. 1 §2501, sub-§24 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4: MALPRACTICE ADVISORY PANELS › 24 §2801. Purpose (REPEALED)

§2801. Purpose
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 804, §§11,22 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4: MALPRACTICE ADVISORY PANELS › 24 §2802. Formation (REPEALED)

§2802. Formation
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1983, c. 812, §148 (AMD). PL 1985, c. 804, §§11,22 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4: MALPRACTICE ADVISORY PANELS › 24 §2803. Submission of cases (REPEALED)

§2803. Submission of cases
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 804, §§11,22 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4: MALPRACTICE ADVISORY PANELS › 24 §2804. Hearing (REPEALED)

§2804. Hearing
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 804, §§11,22 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4: MALPRACTICE ADVISORY PANELS › 24 §2805. Determination by panel committee (REPEALED)

§2805. Determination by panel committee
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 804, §§11,22 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4: MALPRACTICE ADVISORY PANELS › 24 §2806. Notification of determination (REPEALED)

§2806. Notification of determination
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 804, §§11,22 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4: MALPRACTICE ADVISORY PANELS › 24 §2807. Confidentiality (REPEALED)

§2807. Confidentiality
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 804, §§11,22 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4: MALPRACTICE ADVISORY PANELS › 24 §2808. Effect of determination by panel (REPEALED)

§2808. Effect of determination by panel
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 804, §§11,22 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4: MALPRACTICE ADVISORY PANELS › 24 §2809. Statute of limitations (REPEALED)

§2809. Statute of limitations
(REPEALED)
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 804, §§11,22 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4-A: MANDATORY PRELITIGATION SCREENING AND MEDIATION PANELS › 24 §2851. Purpose and definitions

§2851. Purpose and definitions
1.  Purpose.
The purpose of mandatory prelitigation screening and mediation panels is:
A. To identify claims of professional negligence which merit compensation and to encourage early resolution of those claims prior to commencement of a lawsuit; and   [PL 1985, c. 804, §§12, 22 (NEW).]
B. To identify claims of professional negligence and to encourage early withdrawal or dismissal of nonmeritorious claims.   [PL 1985, c. 804, §§12, 22 (NEW).]
[PL 1985, c. 804, §§12, 22 (NEW).]
2.  Definitions.
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. The definition of a "claim of professional negligence" is limited to any written notice of claim served pursuant to section 2903 against health care practitioners and health care providers or any employee or agent acting within the scope of their authority.
[PL 1985, c. 804, §§12, 22 (NEW).]
SECTION HISTORY
PL 1985, c. 804, §§12,22 (NEW).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4-A: MANDATORY PRELITIGATION SCREENING AND MEDIATION PANELS › 24 §2854. Hearing

§2854. Hearing
1.  Procedure.
The claimant or a representative of the claimant shall present the case before the panel. The person accused of professional negligence or that person's representative shall make a responding presentation. Wide latitude must be afforded the parties by the panel in the conduct of the hearing including, but not limited to, the right of examination and cross-examination by attorneys. Depositions are admissible whether or not the person deposed is available at the hearing. The chair shall make all procedural rulings and those rulings are final. The Maine Rules of Evidence do not apply. Evidence must be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The panel shall make such findings upon such evidence as is presented at the hearing, the records and any expert opinions provided by or sought by the panel or the parties.
After presentation by the parties, as provided in this section, the panel may request from either party additional facts, records or other information to be submitted in writing or at a continued hearing, which continued hearing must be held as soon as possible. The continued hearings must be attended by the same members of the panel who have sat on all prior hearings in the same claim, unless otherwise agreed by all parties.
[PL 1999, c. 523, §2 (AMD).]
1-A.  Record; hearings.
The panel shall maintain a tape recorded record. Except as provided in section 2857, the record may not be made public and the hearings may not be public without the consent of both or all parties.
[PL 1999, c. 523, §2 (NEW).]
2.  Settlement; mediation.
The chair of the panel shall attempt to mediate any differences of the parties before proceeding to findings.
[PL 1999, c. 523, §2 (AMD).]
3.  Failure to comply.
Failure of a party, without good cause, to attend a properly scheduled hearing to participate in authorized discovery, or to otherwise substantially comply with this subchapter, must result in a finding made by a majority of the panel against that party and that finding has the same effect as a finding against that party under section 2857.
[PL 1999, c. 523, §2 (AMD).]
SECTION HISTORY
PL 1985, c. 804, §§12,22 (NEW). PL 1989, c. 361, §§7,10 (AMD). PL 1999, c. 523, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4-A: MANDATORY PRELITIGATION SCREENING AND MEDIATION PANELS › 24 §2855. Findings by panel

§2855. Findings by panel
1.  Negligence and causation.
At the conclusion of the presentations, the panel shall make its findings in writing within 30 days by answering the following questions:
A. Whether the acts or omissions complained of constitute a deviation from the applicable standard of care by the health care practitioner or health care provider charged with that care;   [PL 1999, c. 523, §3 (AMD).]
A-1.   [PL 1999, c. 668, §103 (RP).]
B. Whether the acts or omissions complained of proximately caused the injury complained of; and   [PL 1999, c. 523, §3 (AMD).]
C. If negligence on the part of the health care practitioner or health care provider is found, whether any negligence on the part of the patient was equal to or greater than the negligence on the part of the practitioner or provider.   [PL 1989, c. 361, §§8, 10 (NEW).]
[PL 1999, c. 668, §103 (AMD).]
2.  Standard of proof.
The standard of proof used by the panel shall be:
A. The plaintiff must prove negligence and proximate causation by a preponderance of the evidence; and   [PL 1989, c. 361, §§8, 10 (NEW).]
B. The defendant must prove comparative negligence by a preponderance of the evidence.   [PL 1989, c. 361, §§8, 10 (NEW).]
[PL 1989, c. 361, §§8, 10 (RPR).]
SECTION HISTORY
PL 1985, c. 804, §§12,22 (NEW). PL 1989, c. 361, §§8,10 (RPR). PL 1991, c. 505, §5 (AMD). PL 1999, c. 523, §3 (AMD). PL 1999, c. 668, §103 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4-A: MANDATORY PRELITIGATION SCREENING AND MEDIATION PANELS › 24 §2856. Notification and effect of findings

§2856. Notification and effect of findings
The panel's findings, signed by the panel members, indicating their vote, shall be served by registered or certified mail on the parties within 7 days of the date of the findings. The findings, notice of claim and record of the hearing shall be preserved until 30 days after final judgment or the case is finally resolved, after which time it shall be destroyed. All medical and provider records shall be returned to the party providing them to the panel.   [PL 1985, c. 804, §§12, 22 (NEW).]
SECTION HISTORY
PL 1985, c. 804, §§12,22 (NEW).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4-A: MANDATORY PRELITIGATION SCREENING AND MEDIATION PANELS › 24 §2858. Effect of findings by panel

§2858. Effect of findings by panel
A unanimous finding by the panel of any claim under this subchapter shall be implemented as follows.   [PL 1985, c. 804, §§12, 22 (NEW).]
1.  Payment of claim; determination of damages.
If the unanimous findings of the panel as to section 2855, subsections 1 and 2 are in the affirmative, the person accused of professional negligence must promptly enter into negotiations to pay the claim or admit liability. If liability is admitted, the claim may be submitted to the panel, upon agreement of the claimant and person accused, for determination of damages. If suit is brought to enforce the claim, the findings of the panel are admissible as provided in section 2857.
[PL 1985, c. 804, §§12, 22 (NEW).]
2.  Release of claim without payment.
If the unanimous findings of the panel as to either section 2855, subsection 1 or 2, are in the negative, the claimant must release the claim or claims based on the findings without payment or be subject to the admissibility of those findings under section 2857, subsection 1, paragraph B.
[PL 1985, c. 804, §§12, 22 (NEW).]
SECTION HISTORY
PL 1985, c. 804, §§12,22 (NEW).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 4-A: MANDATORY PRELITIGATION SCREENING AND MEDIATION PANELS › 24 §2859. Statute of limitations

§2859. Statute of limitations
The applicable statute of limitations concerning actions for professional negligence is tolled from the date upon which notice of claim is served or filed in Superior Court until 30 days following the day upon which the claimant receives notice of the findings of the panel.   [PL 1989, c. 827, §4 (AMD).]
SECTION HISTORY
PL 1985, c. 804, §§12,22 (NEW). PL 1989, c. 827, §4 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 5: GENERAL PROVISIONS › 24 §2901. Ad damnum clause

§2901. Ad damnum clause
No dollar amount or figure shall be included in the demand in any malpractice complaint, but the prayer shall be for such damages as are reasonable in the premises.   [PL 1977, c. 492, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 5: GENERAL PROVISIONS › 24 §2902. Statute of limitations for health care providers and health care practitioners excluding claims based on sexual acts

§2902. Statute of limitations for health care providers and health care practitioners excluding claims based on sexual acts
Except as provided in section 2902-B, actions for professional negligence must be commenced within 3 years after the cause of action accrues. For the purposes of this section, a cause of action accrues on the date of the act or omission giving rise to the injury. Notwithstanding the provisions of Title 14, section 853, relating to minority, actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs. This section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm. For the purposes of this section, the term "foreign object" does not include a chemical compound, prosthetic aid or object intentionally implanted or permitted to remain in the patient's body as a part of the health care or professional services.   [PL 2013, c. 329, §2 (AMD).]
If the provision in this section reducing the time allowed for a minor to bring a claim is found to be void or otherwise invalidated by a court of proper jurisdiction, the statute of limitations for professional negligence is 2 years after the cause of action accrues, except that no claim brought under the 3-year statute may be extinguished by the operation of this paragraph.   [PL 2013, c. 329, §2 (AMD).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 804, §§13, 22 (RPR). PL 2013, c. 329, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 5: GENERAL PROVISIONS › 24 §2902-A. Motorcycle passenger exclusion (REALLOCATED TO TITLE 24-A, SECTION 2902-B)

§2902-A. Motorcycle passenger exclusion
(REALLOCATED TO TITLE 24-A, SECTION 2902-B)
SECTION HISTORY
PL 1985, c. 169 (NEW). PL 1985, c. 737, Pt. A, §60 (RAL).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 5: GENERAL PROVISIONS › 24 §2902-B. Statute of limitations for mental health professionals for claims based on sexual acts (REPEALED)

§2902-B. Statute of limitations for mental health professionals for claims based on sexual acts
(REPEALED)
SECTION HISTORY
PL 2013, c. 329, §3 (NEW). MRSA T. 24 §2902-B, sub-§4 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 5: GENERAL PROVISIONS › 24 §2903. Notice of claim before suit

§2903. Notice of claim before suit
1.  Commencement of action.
No action for professional negligence may be commenced until the plaintiff has:
A. Served and filed written notice of claim in accordance with section 2853;   [PL 1991, c. 505, §6 (AMD).]
B. Complied with the provisions of subchapter IV‑A; and   [PL 1985, c. 804, §§14, 22 (NEW).]
C. Determined that the time periods provided in section 2859 have expired.   [PL 1985, c. 804, §§14, 22 (NEW).]
[PL 1991, c. 505, §6 (AMD).]
2.  Statute of limitations.
Any applicable statute of limitations shall be tolled under section 2859.
[PL 1985, c. 804, §§14, 22 (NEW).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1985, c. 804, §14 (RPR). PL 1989, c. 827, §5 (AMD). PL 1991, c. 505, §6 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 5: GENERAL PROVISIONS › 24 §2903-A. Notice of expert witnesses (REPEALED)

§2903-A. Notice of expert witnesses
(REPEALED)
SECTION HISTORY
PL 1985, c. 804, §15 (NEW). PL 1989, c. 361, §9 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 5: GENERAL PROVISIONS › 24 §2905. Informed consent to health care treatment

§2905. Informed consent to health care treatment
1.  Disallowance of recovery on grounds of lack of informed consent.
Recovery is not allowed against any physician, physician assistant, podiatrist, dentist or health care provider upon the grounds that the health care treatment was rendered without the informed consent of the patient or the patient's spouse, parent, guardian, nearest relative or other person authorized to give consent for the patient when:
A. The action of the physician, physician assistant, podiatrist or dentist in obtaining the consent of the patient or other person authorized to give consent for the patient was in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities;   [PL 2013, c. 355, §4 (AMD).]
B. A reasonable person, from the information provided by the physician, physician assistant, podiatrist or dentist under the circumstances, would have a general understanding of the procedures or treatments and of the usual and most frequent risks and hazards inherent in the proposed procedures or treatments that are recognized and followed by other physicians, physician assistants, podiatrists or dentists engaged in the same field of practice in the same or similar communities; or   [PL 2013, c. 355, §4 (AMD).]
C. A reasonable person, under all surrounding circumstances, would have undergone such treatment or procedure had that person been advised by the physician, physician assistant, podiatrist or dentist in accordance with paragraphs A and B or this paragraph.   [PL 2013, c. 355, §4 (AMD).]
For purposes of this subsection, the physician, physician assistant, podiatrist, dentist or health care provider may rely upon a reasonable representation that the person giving consent for the patient is authorized to give consent unless the physician, physician assistant, podiatrist, dentist or health care provider has notice to the contrary.
[PL 2013, c. 355, §4 (AMD).]
2.  Presumption of validity of written consent; rebuttal.
A consent which is evidenced in writing and which meets the foregoing standards, and which is signed by the patient or other authorized person, shall be presumed to be a valid consent. This presumption, however, may be subject to rebuttal only upon proof that such consent was obtained through fraud, deception or misrepresentation of material fact.
[PL 1977, c. 492, §3 (NEW).]
3.  Mental and physical competency.
A valid consent is one which is given by a person who, under all the surrounding circumstances, is mentally and physically competent to give consent.
[PL 1977, c. 492, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 492, §3 (NEW). PL 1989, c. 74, §2 (AMD). PL 1991, c. 217 (AMD). PL 2013, c. 355, §4 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 5: GENERAL PROVISIONS › 24 §2905-A. Informed consent for breast cancer

§2905-A. Informed consent for breast cancer
1.  Duty of physician.
Notwithstanding section 2905, a physician who is administering the primary treatment for breast cancer shall inform the patient as provided in this section, orally and in writing, about alternative efficacious methods of treatment of breast cancer, including surgical, radiological or chemotherapeutic treatments or any other generally accepted medical treatment and the advantages, disadvantages and the usual and most frequent risks of each.
[PL 1989, c. 291, §1 (NEW).]
2.  Written information.
The duty to inform the patient in writing may be met by giving the patient a standardized written summary or brochure as described in subsections 3 and 4.
[PL 1989, c. 291, §1 (NEW).]
3.  Standardized written summary.
The standardized written summary may be developed by the Bureau of Health after consultation with the Cancer Advisory Committee.
[PL 1989, c. 291, §1 (NEW).]
4.  Brochure.
The brochure must be one which is approved or made available through the National Cancer Institute, the American Cancer Society, the American College of Surgeons or any other recognized professional organization approved by the Bureau of Health.
[PL 1989, c. 291, §1 (NEW).]
5.  Signed form.
A form, signed by the patient, indicating that the patient has been given the oral information required by this section and a copy of the brochure or the standardized written summary shall be included in the patient's medical record.
[PL 1989, c. 291, §1 (NEW).]
6.  Extent of duty.
A physician's duty to inform a patient under this section does not require disclosure of information beyond what a reasonably well-qualified physician licensed under Title 32 would know.
[PL 1989, c. 291, §1 (NEW).]
7.  Actions barred.
A patient who signs a form described in subsection 5 is barred from bringing a civil action against the physician, based on failure to obtain informed consent, but only in regard to information pertaining to alternative forms of treatment of breast cancer and the advantages, disadvantages, and risks of each method.
[PL 1989, c. 291, §1 (NEW).]
8.  Application of this section to common law rights.
Nothing in this section restricts or limits the rights of a patient under common law.
[PL 1989, c. 291, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 291, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 21: MAINE HEALTH SECURITY ACT › Subchapter 5: GENERAL PROVISIONS › 24 §2905-B. Informed consent for pelvic, rectal or prostate examination

§2905-B. Informed consent for pelvic, rectal or prostate examination
A health care practitioner may not perform a pelvic, rectal or prostate examination or supervise a pelvic, rectal or prostate examination performed by an individual practicing under the supervision of the health care practitioner on a patient without first obtaining the patient's specific informed consent, orally and in writing, to that pelvic, rectal or prostate examination, unless:   [PL 2019, c. 602, §1 (NEW).]
1.  Unconscious patient; diagnostic purposes and medically necessary.
In the case of an unconscious patient, the examination is required for diagnostic purposes and is medically necessary;
[PL 2021, c. 92, §1 (AMD).]
2.  Examination on unconscious alleged victim of sexual assault.
The health care practitioner is authorized to perform the examination pursuant to section 2986, subsection 5; or
[PL 2021, c. 92, §1 (AMD).]
3.  Conscious patient.
The patient is conscious, in which case the health care practitioner shall obtain the patient's specific informed consent, orally, to that pelvic, rectal or prostate examination.
[PL 2021, c. 92, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 602, §1 (NEW). PL 2021, c. 92, §1 (AMD).