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PUBLIC LAWS OF MAINE
Second Special Session of the 121st

CHAPTER 559
H.P. 1284 - L.D. 1762

An Act To Amend the Maine Emergency Medical Services Act of 1982

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 32 MRSA §85, sub-§6, as amended by PL 2001, c. 697, Pt. C, §1, is further amended to read:

     6. Ambulance operator course. By January 1, 2005 2007, a person whose job description includes operating an ambulance in an emergency mode or transporting a patient must possess certification of successful completion of a basic ambulance vehicle operator course, or a course that has been approved by the board as an equivalent, in order to operate an ambulance in an emergency mode or to transport a patient. This requirement applies to all paid and volunteer ambulance operators and transporters. This requirement is in addition to vehicle operator requirements of Title 29-A or other law. A person whose job description includes operating an ambulance in an emergency mode or transporting a patient who successfully completes a basic ambulance vehicle operator course or a course that has been approved by the board as an equivalent may apply to the board for reimbursement for the cost of the course.

     Sec. 2. 32 MRSA §90-A, as amended by PL 2001, c. 229, §§5 to 8, is further amended to read:

§90-A. Licensing actions

     1. Disciplinary proceedings and sanctions. The board or, as delegated, its subcommittee or staff, shall investigate a complaint on its own motion or upon receipt of a written complaint filed with the board regarding noncompliance with or violation of this chapter or of any rules adopted by the board. Investigation may include an informal conference before the board, its subcommittee or staff to determine whether grounds exist for suspension, revocation or denial of a license or for taking other disciplinary action pursuant to this chapter. The board, its subcommittee or staff may subpoena witnesses, records and documents, including records and documents maintained by a health care facility or other service organization or person related to the delivery of emergency medical services, in any investigation or hearing it conducts.

     2. Notice. The board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but in no event later than 60 days after the board or staff receives the initial pertinent information. The licensee has the right to respond within 30 days in all cases except those involving an emergency denial, suspension or revocation, as described in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter V 5. If the licensee's response to the complaint satisfies the board or staff 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.

     3. Informal conference. If, in the opinion of the board, its subcommittee or staff, the factual basis of the complaint is or may be true and the complaint is of sufficient gravity to warrant further action, the board or staff 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, subcommittee or staff, 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 administrative or judicial hearing unless all parties consent. The licensee may, without prejudice, refuse to participate in an informal conference if the licensee prefers to request an adjudicatory hearing. If the licensee participates in the informal conference, the licensee waives the right to object to a participant at the hearing who participated at the informal conference.

     4. Further action. If the board, its subcommittee or staff 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.

     5. Grounds for licensing action. A decision to take action against any applicant or licensee pursuant to this chapter or any rules adopted pursuant to this chapter, including, but not limited to, a decision to impose a civil penalty or to refuse to issue or renew a license or to modify, suspend or revoke a license of a person, service or vehicle, may be predicated on the following grounds:

     Sec. 3. 32 MRSA §91-A, as repealed and replaced by PL 2001, c. 229, §9, is amended to read:

§91-A.   Appeals of nondisciplinary actions and refusals to issue

     Any person or organization aggrieved by the decision of the staff or a subcommittee of the board in waiving the application of any rule, in modifying or refusing to issue or renew a license, in taking any disciplinary nondisciplinary action pursuant to this chapter or rules adopted pursuant to this chapter or in the interpretation of this chapter or rules adopted pursuant to this chapter or in refusing to issue a license may appeal the decision to the board for a final decision. The staff's or subcommittee's decision stands until the board issues a decision to uphold, modify or overrule the staff's or subcommittee's decision. In the case of nonrenewal, the person or organization must be afforded an opportunity for hearing in accordance with this chapter and the Maine Administrative Procedure Act.

     Any person or organization aggrieved by a final decision of the board in waiving the application of any rule, in refusing to issue or renew a license, in taking any disciplinary action pursuant to this chapter or rules adopted pursuant to this chapter or in the interpretation of this chapter or any rule adopted pursuant to this chapter may appeal the board's decision to the Superior Court in accordance with A final decision of the board constitutes final agency action appealable pursuant to Title 5, chapter 375, subchapter VII 7.

     Sec. 4. 32 MRSA §92, first ¶, as amended by PL 2001, c. 229, §10, is further amended to read:

     All complaints and investigative records of the board are confidential during the pendency of an investigation. Any reports, information or records provided to the board or department pursuant to this chapter must be provided to the licensee and are confidential insofar as the reports, information or records identify or permit identification of any patient, provided that the. The board may disclose any confidential information as follows.

     Sec. 5. 32 MRSA §92, sub-§§3 and 4, as enacted by PL 2001, c. 229, §10, are amended to read:

     3. Investigations. All complaints and investigative records of the board are confidential during the pendency of an investigation. Those Investigative records and complaints become public records upon the conclusion of an investigation unless confidentiality is required by some other provision of law. For purposes of this subsection, an investigation is concluded when:

     4. Exceptions. Notwithstanding subsection 3 any other provision of this section, during the pendency of an investigation, a complaint or investigative record may be disclosed:

     Sec. 6. 32 MRSA §92-A, sub-§2, as repealed and replaced by PL 2001, c. 229, §11, is amended to read:

     2. Confidentiality. All proceedings and records of proceedings concerning the quality assurance activities of an emergency medical services quality assurance committee approved by the board and all reports, information and records provided to the committee are confidential and may not be obtained by discovery from the committee, the board or its staff. Quality assurance information may be disclosed to a licensee as part of any board-approved educational or corrective process.

     Sec. 7. Resolve 2003, c. 23, §4 is amended to read:

     Sec. 4. Report; legislation. Resolved: That the commissioner shall submit a report that includes findings and recommendations, including suggested legislation, to the Joint Standing Committee on Criminal Justice and Public Safety joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters no later than January 31, 2004 2005. The Joint Standing Committee on Criminal Justice and Public Safety joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters may report out legislation related to this report to the Second First Regular Session of the 121st 122nd Legislature; and be it further

     Sec. 8. Retroactivity. That section of this Act that amends Resolve 2003, chapter 23 applies retroactively to January 31, 2004.

Effective July 30, 2004, unless otherwise indicated.

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