CHAPTER 306
H.P. 526 - L.D. 720
An Act To Protect Health Care Workers Who Report Medical Errors
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §833, sub-§1, ¶¶C and D, as enacted by PL 1987, c. 782, §4, are amended to read:
C. The employee is requested to participate in an investigation, hearing or inquiry held by that public body, or in a court action; or
D. The employee acting in good faith, has refused to carry out a directive that would expose the employee or any individual to a condition that would result in serious injury or death, after having sought and been unable to obtain a correction of the dangerous condition from the employer. ; or
Sec. 2. 26 MRSA §833, sub-§1, ¶E is enacted to read:
E. The employee, acting in good faith and consistent with state and federal privacy laws, reports to the employer, to the patient involved or to the appropriate licensing, regulating or credentialing authority, orally or in writing, what the employee has reasonable cause to believe is an act or omission that constitutes a deviation from the applicable standard of care for a patient by an employer charged with the care of that patient. For purposes of this paragraph, "employer" means a health care provider, health care practitioner or health care entity as defined in Title 24, section 2502.
Sec. 3. Printing of notice. Notwithstanding the Maine Revised Statutes, Title 26, section 42-B, the Department of Labor, Bureau of Labor Standards is not required to modify and redistribute the printed notice required by that section to reflect the changes in the laws resulting from this Act. The Bureau of Labor Standards shall modify the printed notice to reflect the changes contained in this Act when it becomes necessary to print additional notices due to an insufficient supply of such notices or future changes in the laws.
Effective September 13, 2003, unless otherwise indicated.
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