CHAPTER 271
H.P. 394 - L.D. 539
An Act to Clarify the Laws Regarding the Board of Licensure in Medicine and Ensure That Physician Discipline Is Reported to the Appropriate Licensing Board
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §9057, sub-§6, as amended by PL 1989, c. 175, §1, is further amended to read:
6. Confidential information. Information may be disclosed which that is confidential pursuant to Title 22, chapters 958-A and 1071 and sections 7703 and 1828; Title 24, section 2506; and Title 34-A, except for information, the disclosure of which is absolutely prohibited under Title 34-A, section 3003. Disclosure may be only for the determination of issues involving unemployment compensation proceedings relating to a state employee, state agency personnel actions and professional or occupational board licensure, certification or registration.
A. For the purpose of this subsection, "hearing officer" means presiding officer, judge, board chairman, arbitrator or any other person deemed considered responsible for conducting a proceeding or hearing subject to this subsection. In the case of the Civil Service Appeals Board, the presiding officer shall be is the entire board. "Employees of the agency" means employees of a state agency or department or members, agents or employees of a board who are directly related to and whose official duties involve the matter at issue.
B. The confidential information disclosed pursuant to this subsection is subject to the following limitations:
(1) The hearing officer determines that introduction of the confidential information is necessary for the determination of an issue before the hearing officer;
(2) During the introduction of confidential information, the proceeding is open only to the hearing officer, employees of the agency, parties, parties' representatives, counsel of record and the witness testifying regarding the information, and access to the information is limited to these people. Disclosure is limited to information directly related to the matter at issue;
(3) Witnesses shall be are sequestered during the introduction of confidential information, except when offering testimony at the proceeding;
(4) The names or identities of reporters of confidential information or of other persons shall may not be disclosed, except when disclosure is deemed determined necessary and relevant by the hearing officer; and
(5) After hearing, the confidential information is sealed within the record and shall may not be further disclosed, except upon order of court.
Sec. 2. 24 MRSA §2502, sub-§§1-B and 2-A are enacted to read:
1-B. Carrier. "Carrier" has the same meaning as in Title 24-A, chapter 56-A.
2-A. Managed care plan. "Managed care plan" has the same meaning as in Title 24-A, chapter 56-A.
Sec. 3. 24 MRSA §2506, as amended by PL 1989, c. 462, §1, is further amended to read:
§2506. Provider and carrier reports
A health care provider 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 whose employment 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 date, the location and a description of the event or events giving rise to the adverse action. Upon request, the following information must be released to the board or authority: medical records relating to the event or events; written statements signed or prepared by any witness or complainant to the event; and related correspondence between the practitioner and the provider. The report shall must include situations in which employment 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 disciplinary proceedings, and it also shall must include situations where employment 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 terminating such proceeding. Any reversal, modification or change of action reported pursuant to this section shall 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. The failure of any such health care provider to report as required is a civil violation for which a fine of not more than $1,000 may be adjudged.
Carriers providing managed care plans are subject to the reporting requirements of this section when they take adverse actions against a practitioner's credentials or employment for reasons related to clinical competence or unprofessional conduct that may adversely affect the health or welfare of the patient.
Sec. 4. 24 MRSA §2511, first ¶, as amended by PL 1993, c. 600, Pt. A, §19, is further amended to read:
Any person acting without malice, any physician, podiatrist, health care provider, or professional society or, any member of a professional competence committee, or professional review committee or, any board or appropriate authority is and any entity required to report under this chapter are immune from civil liability:
Sec. 5. 32 MRSA §2594-B, sub-§1, as amended by PL 1993, c. 600, Pt. A, §185, is further amended to read:
1. License required. A physician assistant may not practice under the supervision of an osteopathic physician until the physician assistant has applied for and obtained a license issued by the Board of Osteopathic Licensure, which must be renewed annually biennially.
Sec. 6. 32 MRSA §2599, as amended by PL 1993, c. 600, Pt. A, §192, is further amended by adding at the end a new paragraph to read:
Provision of information protected by this section to the board pursuant to Title 24, section 2506 does not waive or otherwise affect the confidentiality of the records or the exemption from discovery provided by this section for any other purpose.
Sec. 7. 32 MRSA §3270-B, as amended by PL 1993, c. 600, Pt. A, §206, is further amended by repealing the headnote and replacing it with the following:
§3270-B. License and regulation
Sec. 8. 32 MRSA §3270-B, first ¶, as amended by PL 1993, c. 600, Pt. A, §206, is further amended to read:
A physician assistant is not permitted to practice until the physician assistant has applied for and obtained a certificate of qualification license issued by the Board of Licensure in Medicine, which must be renewed biennially, and a certificate of registration, which must be renewed biannually. All applications for certificate of qualification registration must be accompanied by an application by the proposed supervisory physician, which application that must contain a statement that that physician is responsible for all medical activities of the physician assistant. The Board of Licensure in Medicine is authorized to adopt rules regarding the training and certification licensure of physician assistants and the agency relationship between the physician assistant and the supervising physician. Those rules may pertain, but are not limited, to the following matters:
Sec. 9. 32 MRSA §3270-B, sub-§1, as enacted by PL 1975, c. 680, §1, is amended to read:
1. Application information. The information to be contained in the application for a certificate of qualification registration;
Sec. 10. 32 MRSA §3270-B, sub-§11, as amended by PL 1993, c. 600, Pt. A, §206, is further amended to read:
11. Fees for biennial license renewal. Fees for the biennial registration license renewal of physician assistants in an amount not to exceed $100.
Sec. 11. 32 MRSA §3286, 2nd ¶, as amended by PL 1993, c. 600, Pt. A, §219, is further amended to read:
For the purpose of this section 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' testimony or examination reports on the grounds that the testimony or reports constitute a privileged communication.
Sec. 12. 32 MRSA §3296, as amended by PL 1993, c. 600, Pt. A, §223, is further amended by adding at the end a new paragraph to read:
Provision of information protected by this section to the board pursuant to Title 24, section 2506 does not waive or otherwise affect the confidentiality of the records or the exemption from discovery provided by this section for any other purpose.
Effective September 19, 1997, unless otherwise indicated.
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