An Act To Allow Complainants in Disciplinary Actions To Attend Informal Conferences Held by the State Board of Nursing in Executive Session
Sec. 1. 32 MRSA §2105-A, sub-§1-A, as amended by PL 2001, c. 260, Pt. D, §2, is further amended to read:
The board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but , absent unusual circumstances justifying the delay, not later than 60 days from receipt of this information. The licensee shall respond within 30 days. The board shall share the licensee's response with the complainant, unless the board determines that it would be detrimental to the health of the complainant to obtain the response. 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 it 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 complainant may attend the conference and may be accompanied by up to 2 individuals, including legal counsel. The conference must be conducted in executive session of the board , or its subcommittee, pursuant to Title 1, section 405, unless otherwise requested by the licensee. Before the board or its subcommittee decides what action to take at the conference or as a result of the conference, the board or its subcommittee shall give the complainant a reasonable opportunity to speak. Statements made at the conference may not be introduced at a subsequent formal hearing unless all parties consent.
When a complaint has been filed against a licensee and the licensee moves or has moved to another state, the board may report to the appropriate licensing board in that state the complaint that has been filed, other complaints in the licensee's record on which action was taken and disciplinary actions of the board with respect to that licensee.
When an individual applies for a license under this chapter, the board may investigate the professional record of that individual, including professional records that the individual may have as a licensee in other states. The board may deny a license or authorize a restricted license based on the record of the applicant in other states.
If the board or its subcommittee finds that the factual basis of the complaint is true and is of sufficient gravity to warrant further action, it the board or its subcommittee may take any of the following actions it the board or its subcommittee considers appropriate:
Sec. 2. Rulemaking. The Department of Professional and Financial Regulation, State Board of Nursing shall amend its rules to implement the provisions of this Act. Rules adopted pursuant to this Act are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill confirms that the complainant may be present and speak during an informal conference conducted by the Department of Professional and Financial Regulation, State Board of Nursing regarding a disciplinary action against a licensee.
The bill also gives the State Board of Nursing the authority to report to the appropriate licensing board of the state to which a licensee has moved that a complaint has been filed against the licensee. The board may also take into account the professional records from another state where an individual was a licensee when determining whether to issue a license to that individual.
The bill also requires the State Board of Nursing to amend its rules to implement the changes made by this bill.