HP0286, LD 411, item 1, An Act To Amend the Health Care Practitioner Licensing, Disciplinary and Reporting Laws Regarding Alcohol and Drug Abuse

An Act To Amend the Health Care Practitioner Licensing, Disciplinary and Reporting Laws Regarding Alcohol and Drug Abuse

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

Sec. 1. 24 MRSA §2504, as enacted by PL 1977, c. 492, §3, is amended to read:

§ 2504. Professional societies

Every state professional society shall establish a professional competence committee of its members pursuant to written bylaws approved by the society's governing board. The committee shall receive, investigate and determine the accuracy of any report made to the society of any member physician's acts amounting to gross or repeated medical malpractice, habitual drunkenness, addiction to the use of drugs use of alcohol or drugs that may indicate a substance use disorder or professional incompetence.

Sec. 2. 24 MRSA §2505, first ¶, as amended by PL 2007, c. 380, §1, is further amended to read:

Any professional competence committee within this State and any physician licensed to practice or otherwise lawfully practicing within this State shall, and any other person may, report the relevant facts to the appropriate board relating to the acts of any physician in this State if, in the opinion of the committee, physician or other person, the committee or individual has reasonable knowledge of acts of the physician amounting to gross or repeated medical malpractice, habitual drunkenness, addiction to the use of drugs use of alcohol or drugs that may indicate a substance use disorder, professional incompetence, unprofessional conduct or sexual misconduct identified by board rule. The failure of any such professional competence committee or any such physician to report as required is a civil violation for which a fine of not more than $1,000 may be adjudged.

Sec. 3. 32 MRSA §1077, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, §62, is further amended to read:

B. Habitual A substance abuse use disorder that has resulted or is foreseeably likely to may result in the licensee performing services in a manner that endangers the health or safety of patients;

Sec. 4. 32 MRSA §2105-A, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, §116, is further amended to read:

B. Habitual A substance abuse use disorder that has resulted or is foreseeably likely to may result in the licensee performing services in a manner that endangers the health or safety of patients;

Sec. 5. 32 MRSA §2591-A, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, §181, is further amended to read:

B. Habitual A substance abuse use disorder that has resulted or is foreseeably likely to may result in the licensee performing services in a manner that endangers the health or safety of the licensee's patients;

Sec. 6. 32 MRSA §3282-A, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, §218, is further amended to read:

B. Habitual A substance abuse use disorder that has resulted or is foreseeably likely to may result in the licensee performing services in a manner that endangers the health or safety of patients;

Sec. 7. 32 MRSA §3656, sub-§1, as enacted by PL 2007, c. 402, Pt. P, §14, is amended to read:

1. Substance use disorder. Habitual A substance abuse use disorder that has resulted or is foreseeably likely to may result in the applicant or licensee performing services in a manner that endangers the health or safety of the licensee's patients;

Sec. 8. 32 MRSA §13742-A, sub-§1, ¶A, as enacted by PL 2007, c. 402, Pt. DD, §19, is amended to read:

A. Habitual A substance abuse use disorder that has resulted or is foreseeably likely to may result in the applicant or licensee performing duties in a manner that endangers the health or safety of patients;

summary

This bill amends provisions of the Maine Health Security Act regarding the reporting of physicians with possible drug or alcohol problems to licensing authorities and provisions of the health care practitioner licensing laws dealing with grounds for discipline. Currently, substance use by a practitioner that is foreseeably likely to result in endangering patients is grounds for discipline; this bill instead provides that substance use that may result in endangering patients is grounds for discipline. This bill also updates terminology used to reference drug or alcohol problems.

HP0286 LD 411	Session - 126th Maine Legislature		LR 1401 Item 1
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