LD 432
pg. 1
LD 432 Title Page An Act to Make Changes to the Board of Licensure in Medicine Page 2 of 2
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LR 1581
Item 1

 
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Sec. 1. 24 MRSA §2902, as repealed and replaced by PL 1985, c. 804,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.


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