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Amend the bill in section 1 in §2504 in the first paragraph in the last 2 lines (page 1, lines 8 and 9 in L.D.) by striking out the following: "use of alcohol or drugs that may indicate a substance use disorder" and inserting the following: 'misuse of alcohol, drugs or other substances that may result in the member physician's performing services in a manner that endangers the health or safety of patients'
Amend the bill in section 2 in the first paragraph in the 6th and 7th lines (page 1, lines 17 and 18 in L.D.) by striking out the following: "use of alcohol or drugs that may indicate a substance use disorder" and inserting the following: 'misuse of alcohol, drugs or other substances that may result in the physician's performing services in a manner that endangers the health or safety of patients'
Amend the bill by striking out all of sections 3 to 8 and inserting the following:
‘Sec. 3. 24 MRSA §2505, 2nd ¶, as amended by PL 1997, c. 107, §3, 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 other substances or professional incompetence or malpractice as a result of physical or mental infirmity or by the misuse of alcohol or, drugs or other substances 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 other substances or professional incompetence or malpractice as a result of physical or mental infirmity or by the misuse of alcohol or, drugs or other substances, 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 §1077, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, §62, is further amended to read:
 
B. Habitual substance abuseMisuse of alcohol, drugs or other substances that has resulted or is foreseeably likely tomay result in the licensee performing services in a manner that endangers the health or safety of patients;
Sec. 5. 32 MRSA §2105-A, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, §116, is further amended to read:
 
B. Habitual substance abuseMisuse of alcohol, drugs or other substances that has resulted or is foreseeably likely tomay result in the licensee performing services in a manner that endangers the health or safety of patients;
Sec. 6. 32 MRSA §2591-A, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, §181, is further amended to read:
 
B. Habitual substance abuseMisuse of alcohol, drugs or other substances that has resulted or is foreseeably likely tomay result in the licensee performing services in a manner that endangers the health or safety of the licensee's patients;
Sec. 7. 32 MRSA §3282-A, sub-§2, ¶B, as amended by PL 1993, c. 600, Pt. A, §218, is further amended to read:
 
B. Habitual substance abuseMisuse of alcohol, drugs or other substances that has resulted or is foreseeably likely tomay result in the licensee performing services in a manner that endangers the health or safety of patients;
Sec. 8. 32 MRSA §3656, sub-§1, as enacted by PL 2007, c. 402, Pt. P, §14, is amended to read:
 
1. Misuse of alcohol, drugs or other substances.   Habitual substance abuseMisuse of alcohol, drugs or other substances that has resulted or is foreseeably likely tomay result in the applicant or licensee performing services in a manner that endangers the health or safety of the licensee's patients;
Sec. 9. 32 MRSA §13742-A, sub-§1, ¶A, as enacted by PL 2007, c. 402, Pt. DD, §19, is amended to read:
 
A. Habitual substance abuseMisuse of alcohol, drugs or other substances that has resulted or is foreseeably likely tomay result in the applicant or licensee performing duties in a manner that endangers the health or safety of patients;’
 
SUMMARY
This amendment replaces references in the bill to a licensee's "substance use disorder" with "misuse of alcohol, drugs or other substances" that may result in endangering patients as grounds for discipline within the Maine Health Security Act and within the provisions of the health care practitioner licensing laws dealing with grounds for discipline.
FISCAL NOTE REQUIRED
(See attached)