There are certain situations when licensed practitioners and/or healthcare entities are mandated to file reports with the Board of Licensure in Medicine. The attached Mandated Reporter Form provides guidance to mandated reporters. You may download the form or submit a letter. Mandated reporting is required when:
Title 24 M.R.S. Section 2505 mandates that any physician or physician assistant licensed to practice or otherwise lawfully practicing within the State of Maine shall:
[R]eport the relevant facts to the appropriate board relating to the acts of any physician or physician assistant in this State if, in the opinion of the committee, physician, physician assistant or other person, the committee or individual has reasonable knowledge of acts of the physician or physician assistant amounting to gross or repeated medical malpractice, misuse of alcohol, drugs or other substances that may result in the physician's or the physician assistant's performing services in a manner that endangers the health or safety of patients, professional incompetence, unprofessional conduct or sexual misconduct identified by board rule.
As discussed below, a report of an impaired physician to the Medical Professionals Health Program (MPHP) satisfies this requirement. However, it is important to remember that, in addition to substance abuse, physicians and physician assistants are mandated to report reasonable knowledge of:
- Professional incompetence;
- Unprofessional conduct; and
- Sexual misconduct.
Failure to file a report is a civil violation for which a fine of not more than $1,000 may be adjudged. Failure to report may also lead to disciplinary action against a physician or physician assistant?s license for unprofessional conduct.
Title 24 M.R.S. Section 2506 mandates that any health care provider or health care entity or carrier report to the Board in writing within 60 days the following information:
1. The name of any physician or physician assistant employed by or privileged by the health care provider or health care entity when:
a. The physician?s or physician assistant?s employment, including employment through a 3rd party, or privileges have been revoked, suspended, limited or terminated for reasons related to clinical competence or unprofessional conduct; or
b. The physician or physician assistant resigned while under investigation or to avoid investigation for reasons related to clinical competence or unprofessional conduct
2. Pertinent information related to the action taken by the health care provider or health care entity, including:
a. A description of the adverse action;
b. The name of the practitioner involved;
c. The date, the location and a description of the event or events giving rise to the adverse action; and
d. Identification of the complainant giving rise to the adverse action.
3. Upon written request, the following information must be released to the board or authority within 20 days of receipt of the request:
a. The names of the patients whose care by the disciplined practitioner gave rise to the adverse action;
b. Medical records relating to the event or events giving rise to the adverse action;
c. Written statements signed or prepared by any witness or complainant to the event; and
d. Related correspondence between the practitioner and the provider or entity.
4. Any reversal, modification or change of action reported pursuant to this section must be reported immediately to the board, together with a brief statement of the reasons for that reversal, modification or change.
5. Carriers providing managed care plans are subject to the reporting requirements of this section when they take adverse actions against a physician's or physician assistant?s credentials or employment for reasons related to clinical competence or unprofessional conduct that may adversely affect the health or welfare of the patient.
The failure of any health care provider or health care entity to report as required is a civil violation for which a fine of not more than $5,000 may be adjudged.
Please contact the Board's Medical Director at (207) 287-4713 if you have questions about reporting.