‘An Act To Establish a Dental Adjudicatory Panel System’
| SP0301 LD 955 |
Second Regular Session - 125th Maine Legislature C "A", Filing Number S-482, Sponsored by
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LR 1350 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Establish a Dental Adjudicatory Panel System’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 32 MRSA §1077, sub-§1, as corrected by RR 2009, c. 2, §87, is amended to read:
The board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but no later than 60 days from receipt of this information. The licensee shall respond within 30 days. If the licensee's response to the complaint satisfies the board that the complaint does not merit further investigation or action, the matter may be dismissed, with notice of the dismissal to the complainant, if any.
If, in the opinion of the board, the factual basis of the complaint is or may be true, and the complaint is of sufficient gravity to warrant further action, the board may request an informal conference with the licensee. The board shall provide the licensee with adequate notice of the conference and of the issues to be discussed. The conference must be conducted in executive session of the board, pursuant to Title 1, section 405, unless otherwise requested by the licensee. Statements made at the conference may not be introduced at a subsequent formal hearing unless all parties consent.
If the board finds that the factual basis of the complaint is true and is of sufficient gravity to warrant further action, it may take any of the following actions it considers appropriate:
Notwithstanding any other provision of law, a dental adjudicatory panel convened pursuant to section 1080 has the sole authority to hold an adjudicatory hearing conforming to the requirements of Title 5, chapter 375, subchapter 4 and take any action authorized by Title 10, section 8003, subsection 5 or Title 10, section 8003-D following an adjudicatory hearing.
Notwithstanding Title 10, section 8003, subsection 5, any nonconsensual revocation of a license by a dental adjudicatory panel pursuant to Title 10, section 8003 may be imposed only after a hearing conforming to the requirements of Title 5, section 375, subchapter 4 and is subject to judicial review exclusively in the Superior Court in accordance with Title 5, chapter 375, subchapter 7. The board retains the authority to take any other action pursuant to this section and Title 10, section 8003 regarding the disposition of any complaint that does not involve an adjudicatory hearing.
Sec. 2. 32 MRSA §1080 is enacted to read:
§ 1080. Dental adjudicatory panels
Dental adjudicatory panels may be convened in accordance with this section.
If the defendant is a doctor from a dental specialty, at least one of the dentists selected to the panel must, if possible, be of that specialty.
Sec. 3. Authority to report out a bill. The Board of Dental Examiners shall report to the joint standing committee of the Legislature having jurisdiction over labor, commerce, research and economic development matters concerning the implementation of the dental adjudicatory panel system under the Maine Revised Statutes, Title 32, section 1080 by January 15, 2014. The joint standing committee of the Legislature having jurisdiction over labor, commerce, research and economic development matters may report out a bill regarding the dental adjudicatory panel system to the Second Regular Session of the 126th Legislature.’
summary
This amendment makes the following changes to the bill.
1. It clarifies that the Board of Dental Examiners has the authority in the case of a consent agreement with a licensee to take any action authorized by the Maine Revised Statutes, Title 10, section 8003, subsection 5 or Title 10, section 8003-D.
2. It provides that if the board concludes that denial of initial licensure or modification or nonrenewal of an existing license is in order, the board may refer a complaint to a dental adjudicatory panel for the purpose of holding an adjudicatory hearing in accordance with the provisions of the Maine Administrative Procedure Act.
3. It provides that a dental adjudicatory panel, not the board, has the sole authority to hold an adjudicatory hearing conforming to the requirements of the Maine Administrative Procedure Act and take any action following an adjudicatory hearing authorized by Title 10, section 8003, subsection 5 or Title 10, section 8003-D.
4. It provides that any nonconsensual revocation of a license by a dental adjudicatory panel may be imposed only after a hearing conforming to the requirements of the Maine Administrative Procedure Act and is subject to judicial review exclusively in the Superior Court. It also provides that the board retains the authority to take any other action regarding the disposition of any complaint that does not involve an adjudicatory hearing.
5. It replaces the provisions in the bill that establish the Dental Adjudicatory Panel with a system of dental adjudicatory panels that are convened on a case-by-case basis from a pool of variously qualified potential panel members, each serving a 5-year term, and establishes the duties and authority of the panels.
6. It repeals the laws governing the dental adjudicatory panels September 15, 2014, but allows the joint standing committee of the Legislature having jurisdiction over labor, commerce, research and economic development matters to report out a bill regarding dental adjudicatory panels to the Second Regular Session of the 126th Legislature.