| Be it enacted by the People of the State of Maine as follows: |
|
| | Sec. 1. 24 MRSA §2902, as repealed and replaced by PL 1985, c. 804, | §§13 and 22, is amended to read: |
|
| §2902. Statute of limitations for health care providers |
|
| and health care practitioners |
|
| | Actions for professional negligence shall must be commenced | within 3 6 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 shall must be | commenced within 6 12 years after the cause of action accrues or | within 3 6 years after the minor reaches the age of majority, | whichever first occurs. This section does not apply where when | the cause of action is based upon the leaving of a foreign object | in the body, in which case the cause of action shall accrue | 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. |
|
| | 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, then the statute | of limitations for professional negligence shall be is 2 years | after the cause of action accrues, except that no claim brought | under the 3-year 6-year statute of limitations may be | extinguished by the operation of this paragraph. |
|
| | Sec. 2. 32 MRSA §3263, first ¶, as amended by PL 1997, c. 680, Pt. C, | §1, is further amended to read: |
|
| | The Board of Licensure in Medicine, as established by Title 5, | section 12004-A, subsection 24, and in this chapter called the | "board," consists of 9 10 individuals who are residents of this | State, appointed by the Governor. Three Five individuals must be | representatives of the public. Six Five individuals must be | graduates of a legally chartered medical college or university | having authority to confer degrees in medicine and must have been | actively engaged in the practice of their profession in this | State for a continuous period of 5 years preceding their | appointments to the board. A full-term appointment is for 6 | years. Appointment of members must comply with section 60. A | member of the board may be removed from office for cause by the | Governor. |
|
|