CHAPTER 107
H.P. 616 - L.D. 841
An Act to Amend the Dental Licensure Laws to Authorize Special Permits for Instruction in Dentistry and to Identify and Rehabilitate Impaired Dentists
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24 MRSA §2502, sub-§1, as amended by PL 1993, c. 600, Pt. B, §§21 and 22, is further amended to read:
1. Board. "Board" means the Board of Licensure in Medicine, the Board of Dental Examiners or the Board of Osteopathic Licensure.
Sec. 2. 24 MRSA §2502, sub-§4-A, as amended by PL 1993, c. 600, Pt. A, §17, is further amended to read:
4-A. Professional review committee. "Professional review committee" means a committee of physicians, dentists or a combination of members of both professions formed by a professional society for the purpose of identifying and working with physicians, dentists and other licensees of the Board of Dental Examiners and physician assistants who are disabled or impaired by virtue of physical or mental infirmity or by the misuse of alcohol or drugs, as long as the committee operates pursuant to protocols approved by the Board of Licensure in Medicine, the Board of Dental Examiners or the Board of Osteopathic Licensure.
Sec. 3. 24 MRSA §2505, 2nd ¶, as amended by PL 1993, c. 600, Pt. A, §18, is further amended to read:
Except for specific protocols developed by a board pursuant to Title 32, section 1073, 2596-A or 3298, a physician, dentist or committee is not responsible for reporting misuse of alcohol or drugs or professional incompetence or malpractice as a result of physical or mental infirmity or by the misuse of alcohol or drugs discovered by the physician, dentist or committee as a result of participation or membership in a professional review committee or with respect to any information acquired concerning misuse of alcohol or drugs or professional incompetence or malpractice as a result of physical or mental infirmity or by the misuse of alcohol or drugs, as long as that information is reported to the professional review committee. Nothing in this section may prohibit an impaired physician or dentist from seeking alternative forms of treatment.
Sec. 4. 32 MRSA §1073, sub-§2, as amended by PL 1993, c. 600, Pt. A, §59, is further amended to read:
2. Rules. Adopt rules in accordance with the Maine Administrative Procedure Act that are necessary for the implementation of this chapter. The rules may include, but need not be limited to, requirements for licensure, interviews for licensing and renewal, continuing education, inactive licensure status, use of general anesthesia and fees for providing a list of addresses of licensed professionals upon request; and
Sec. 5. 32 MRSA §1073, sub-§3, as repealed and replaced by PL 1983, c. 378, §6, is amended to read:
3. False advertising. Establish rules relating to false, deceptive or misleading advertising, except that no rules may be inconsistent with any rule promulgated pursuant to Title 5, section 207, subsection 2.; and
Sec. 6. 32 MRSA §1073, sub-§4 is enacted to read:
4. Protocols for professional review committee. Establish protocols for the operation of a professional review committee as defined in Title 24, section 2502, subsection 4-A. The protocols must include the committee reporting information the board considers appropriate regarding reports received, contracts or investigations made and the disposition of each report, provided that the committee is not required to disclose any personally identifiable information. The protocols may not prohibit an impaired dentist from seeking alternative forms of treatment.
Sec. 7. 32 MRSA §1086, as corrected by RR 1993, c. 2, §33, is amended by adding a new paragraph at the end to read:
The board has the authority, upon the presentation of credentials and other information satisfactory to it, to issue a temporary permit for practice of dentistry in the State as part of a board-approved program of clinical education for Maine practitioners. An individual who is not currently licensed to practice dentistry in another state may not receive a temporary permit. An individual may not receive a temporary permit for more than 7 days in any calendar year.
Sec. 8. Allocation. The following funds are allocated from Other Special Revenue to carry out the purposes of this Act.
1997-98 1998-99
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
Board of Dental Examiners
All Other $10,000 $10,000
Allocates funds for the costs of establishing a peer review committee.
See title page for effective date.
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