Sec. C-1. 32 MRSA §3263, first ¶, as amended by PL 1993, c. 600, Pt. A, §198, is further amended to read:
The Board of Licensure in Medicine, as established by Title 5, section 12004-A, subsection 24, and in this chapter called the "board," consists of 10 9 individuals who are residents of this State, appointed by the Governor. Three individuals must be representatives of the public. Seven Six individuals must be graduates of a legally chartered medical college or university having authority to confer degrees in medicine and must have been actively engaged in the practice of their profession in this State for a continuous period of 5 years preceding their appointments to the board. A full-term appointment is for 6 years. Appointment of members must comply with section 60. A member of the board may be removed from office for cause by the Governor.
Sec. C-2. 32 MRSA §3269, sub-§15, as amended by PL 1993, c. 600, Pt. A, §202, is further amended to read:
15. Adequacy of budget, fees and staffing. The budget submitted by the board to the Commissioner of Professional and Financial Regulation must be sufficient, if approved, to provide for adequate legal and investigative personnel on the board's staff and that of the Attorney General to assure that professional liability complaints described in Title 24, section 2607, and complaints regarding a section of this chapter can be resolved in a timely fashion. The board's staff must include one position staffed by an individual who is primarily a consumer assistant. The functions and expense of the consumer assistant position must be shared on a pro rata basis with the Board of Osteopathic Licensure. Within the limit set by section 3279, the board shall charge sufficient licensure fees to finance this budget provision. The board shall submit legislation to request an increase in these fees should they prove inadequate to the provisions of this subsection.
Within the limit of funds provided to it by the board, the Department of the Attorney General shall make available to the board sufficient legal and investigative staff to enable all consumer complaints mentioned in this subsection to be resolved in a timely fashion; and
Sec. C-3. 32 MRSA §3280-A, sub-§3, ¶A, as enacted by PL 1993, c. 526, §2 and affected by §4, is amended to read:
A. The board may charge a license renewal application fee of not more than $265 $310 to all applicants for license renewal who have not attained 70 years of age on the date renewal becomes due.
Sec. C-4. 32 MRSA §3282-A, sub-§1, as amended by PL 1993, c. 600, Pt. A, §218, is further amended to read:
1. Disciplinary proceedings and sanctions. The board 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 any rules adopted by the board.
The board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but not later than 60 days after 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 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 the issues to be discussed. The complainant may attend and may be accompanied by up to 2 individuals, including legal counsel and one other individual. The conference must be conducted in executive session of the board, pursuant to Title 1, section 405, unless otherwise requested by the licensee. Before the board decides what action to take at the conference or as a result of the conference, the board 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. The complainant, the licensee or either of their representatives shall maintain the confidentiality of the conference.
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 physician's record on which action was taken and disciplinary actions of the board with respect to that physician.
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 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 it determines appropriate.
A. With the consent of the licensee, the board may enter into a consent agreement that fixes the period and terms of probation best adapted to protect the public health and safety and rehabilitate or educate the licensee. A consent agreement may be used to terminate a complaint investigation, if entered into by the board, the licensee and the Attorney General's office.
B. In consideration for acceptance of a voluntary surrender of the license, the board may negotiate stipulations, including terms and conditions for reinstatement, that ensure protection of the public health and safety and serve to rehabilitate or educate the licensee. These stipulations may be set forth only in a consent agreement signed by the board, the licensee and the Attorney General's office.
C. If the board concludes that modification or nonrenewal of the license is in order, the board shall hold an adjudicatory hearing in accordance with Title 5, chapter 375, subchapter IV.
D. If the board concludes that suspension or revocation of the license is in order, the board shall file a complaint in the Administrative Court in accordance with Title 4, chapter 25.
The board shall require a licensee to notify all patients of the licensee of a probation or stipulation under which the licensee is practicing as a result of board disciplinary action. This requirement does not apply to a physician participating in an alcohol or drug treatment program pursuant to Title 24, section 2505, a physician who retires following charges made or complaints investigated by the board or a physician under the care of a professional and whose medical practices and services are not reduced, restricted or prohibited by the disciplinary action.
Sec. C-5. 32 MRSA §3282-A, sub-§2, as amended by PL 1993, c. 600, Pt. A, §218, is further amended by amending the first paragraph to read:
2. Grounds for discipline. The board may suspend or revoke a license pursuant to Title 5, section 10004. The following are grounds for an action to refuse to issue, modify, restrict, suspend, revoke or refuse to renew the license of an individual licensed under this chapter:
Sec. C-6. 32 MRSA §3282-A, sub-§2, ¶K, as amended by PL 1989, c. 291, §4, is further amended to read:
K. Failure to report to the secretary of the board a physician licensed under this chapter for addiction to alcohol or drugs or for mental illness in accordance with Title 24, section 2505, except when the impaired physician is or has been a patient of the licensee; or
Sec. C-7. 32 MRSA §3282-A, sub-§2, ¶L, as enacted by PL 1989, c. 291, §5, is amended to read:
L. Failure to comply with the requirements of Title 24, section 2905-A.; or
Sec. C-8. 32 MRSA §3282-A, sub-§2, ¶M is enacted to read:
M. Revocation, suspension or restriction of a license to practice medicine or other disciplinary action; denial of an application for a license; or surrender of a license to practice medicine following the institution of disciplinary action by another state or a territory of the United States or a foreign country if the conduct resulting in the disciplinary or other action involving the license would, if committed in this State, constitute grounds for discipline under the laws or rules of this State.
Sec. C-9. Implementation of reduction in membership. The reduction in the number of medical graduates on the Board of Licensure in Medicine from 7 to 6 must be achieved by attrition. The first medical graduate appointment to expire after June 30, 1998 may not be filled.
Sec. C-10. Year 2000 report. On or before January 1, 2000, the Board of Licensure in Medicine, in conjunction with the Board of Osteopathic Licen-
sure, shall submit to the Legislature a report consisting of the following:
1. An assessment of the effectiveness of the consumer assistant position required pursuant to the Maine Revised Statutes, Title 32, section 3269, subsection 15, including the number of consumers assisted with respect to each board, the average length of time consumer complaints are open and consumer satisfaction survey responses; and
2. An assessment of the effectiveness of the alternative dispute resolution pilot program developed by rule pursuant to the Maine Revised Statutes, Title 5, section 8051, including the number and nature of complaints referred to alternative dispute resolutions and consumer and physician satisfaction survey responses.
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