An Act To Amend the Laws Regarding Licensure of Physicians and Physician Assistants
Sec. 1. 24 MRSA §2505, first ¶, as amended by PL 2013, c. 105, §2, is further amended to read:
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.
Sec. 2. 24 MRSA §2505, 2nd ¶, as amended by PL 2013, c. 105, §3, is further amended to read:
Except for specific protocols developed by a board pursuant to Title 32, section 1073, 2596-A or 3298, 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. Nothing in this This section may does not prohibit an impaired physician , physician assistant or dentist from seeking alternative forms of treatment.
Sec. 3. 24 MRSA §2506, first ¶, as amended by PL 2005, c. 397, Pt. C, §15 and affected by §16, is further amended to read:
A health care provider or health care entity shall, within 60 days, report in writing to the disciplined practitioner's board or authority the name of any licensed, certified or registered employee or person privileged by the provider or entity whose employment , including employment through a 3rd party, or privileges have been revoked, suspended, limited or terminated or who resigned while under investigation or to avoid investigation for reasons related to clinical competence or unprofessional conduct, together with pertinent information relating to that action. Pertinent information includes: a description of the adverse action; the name of the practitioner involved; the date, the location and a description of the event or events giving rise to the adverse action; and identification of the complainant giving rise to the adverse action. Upon written request, the following information must be released to the board or authority within 20 days of receipt of the request: the names of the patients whose care by the disciplined practitioner gave rise to the adverse action; medical records relating to the event or events giving rise to the adverse action; written statements signed or prepared by any witness or complainant to the event; and related correspondence between the practitioner and the provider or entity. The report must include situations in which employment , including employment through a 3rd party, or privileges have been revoked, suspended, limited or otherwise adversely affected by action of the health care practitioner while the health care practitioner was the subject of a proceeding regarding employment or a disciplinary proceedings proceeding, and it also must include situations where employment , including employment through a 3rd party, or privileges have been revoked, suspended, limited or otherwise adversely affected by act of the health care practitioner in return for the health care provider's or health care entity's terminating such proceeding. Any reversal, modification or change of action reported pursuant to this section must be reported immediately to the practitioner's board or authority, together with a brief statement of the reasons for that reversal, modification or change. If the adverse action requiring a report as a result of a reversal, modification or change of action consists of the revocation, suspension or limitation of employment, including employment through a 3rd party, or clinical privileges of a physician, physician assistant or advanced practice registered nurse by a health care provider or health care entity for reasons relating to clinical competence or unprofessional conduct and is taken pursuant to personnel or employment rules or policies, medical staff bylaws or other credentialing and privileging policies, whether or not the practitioner is employed by that health care provider or entity, then the provider or entity shall include in its initial report to the disciplined practitioner's licensing board or authority the names of all patients whose care by the disciplined practitioner gave rise to the adverse action. The failure of any health care provider or health care entity to report as required is a civil violation for which a fine of not more than $5,000 may be adjudged.
Sec. 4. 24 MRSA §2905, sub-§1, as amended by PL 1991, c. 217, is further amended to read:
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.
Sec. 5. 32 MRSA §3270-C, sub-§2, as amended by PL 1999, c. 547, Pt. B, §66 and affected by §80, is further amended to read:
Pursuant to Title 4, section 184, subsection 6, the District Court shall immediately suspend the certificate of a physician assistant who can be shown, through the results of the medical or physical examination conducted under this section or through other competent evidence, to be unable to render medical services with reasonable skill and safety to patients by reason of mental illness, alcohol intemperance, excessive use of drugs or narcotics or as a result of a mental or physical condition interfering with the competent rendering of medical services.
Sec. 6. 32 MRSA §3271, sub-§2, as amended by PL 2005, c. 162, §2, is further amended to read:
Sec. 7. 32 MRSA §3271, sub-§7, as enacted by PL 2007, c. 380, §2, is amended to read:
Sec. 8. 32 MRSA §3282-A, sub-§1, ¶D, as amended by PL 1999, c. 547, Pt. B, §67 and affected by §80, is repealed.
Sec. 9. 32 MRSA §3282-A, sub-§2, ¶A, as enacted by PL 1983, c. 378, §53, is amended to read:
Sec. 10. 32 MRSA §3282-A, sub-§2, ¶L, as amended by PL 1997, c. 680, Pt. C, §7, is further amended to read:
Sec. 11. 32 MRSA §3282-A, sub-§2, ¶M, as enacted by PL 1997, c. 680, Pt. C, §8, is amended to read:
Sec. 12. 32 MRSA §3282-A, sub-§2, ¶¶N to R are enacted to read:
Sec. 13. 32 MRSA §3286, first ¶, as amended by PL 1993, c. 600, Pt. A, §219, is further amended to read:
Upon its own motion or upon complaint, the board, in the interests of public health, safety and welfare, shall treat as an emergency a complaint or allegation that an individual licensed under this chapter is or may be unable to practice medicine with reasonable skill and safety to patients by reason of mental illness, alcohol intemperance, excessive use of drugs, narcotics or as a result of a mental or physical condition interfering with the competent practice of medicine. In enforcing this paragraph, the board may compel a physician to submit to a mental or physical examination by physicians designated by it a physician or another person designated by the board. Failure of a physician to submit to this examination when directed constitutes an admission of the allegations against the physician, unless the failure was due to circumstances beyond the physician's control, upon which a final order of disciplinary action may be entered without the taking of testimony or presentation of evidence. A physician affected under this paragraph must, at reasonable intervals, be afforded an opportunity to demonstrate that the physician can resume the competent practice of medicine with reasonable skill and safety to patients.
Sec. 14. 32 MRSA §3286, 2nd ¶, as amended by PL 1997, c. 271, §11, is further amended to read:
For the purpose of this chapter, by practicing or by making and filing a biennial license to practice medicine in this State, every physician licensed under this chapter who accepts the privilege to practice medicine in this State is deemed to have given consent to a mental or physical examination when directed in writing by the board and to have waived all objections to the admissibility of the examining physicians' examiner's testimony or examination reports on the grounds that the testimony or reports constitute a privileged communication.