SECTION 1: Participation in the medical Liability Demonstration Project as a specialist in the medical practice of Emergency Medicine.
A. Eligibility to Participate: A physician may be enrolled by the Board of Licensure in Medicine as a participating Emergency Medicine physician in the Medical Liability Demonstration Project if:
(1) He/she has been granted a license to practice medicine and surgery in Maine by the Maine Board of Licensure in Medicine and the license so granted is in good standing at the time of enrollment to participate in the project and he/she remains registered as qualifying, pursuant to 32 M.R.S.A. §3280 (1988 & Supp. 1990) and Chapter 1, Section 13 of the Board's rules, for the active practice of medicine and surgery within Maine. In addition,
(a) The physician is credentialed to practice Emergency Medicine in one or more hospital(s) located in Maine, and
(b) A majority of the physician's practice is in clinical Emergency Medicine and occurs in such Maine hospital(s).
(2) The physician makes application to the Board on a form provided by the Board and is thereafter approved for participation by the Board based on satisfactory evidence of eligibility.
B. Procedure for enrollment in the medical Liability Demonstration Project:
(1) Not later than September 1, 1991, the Board of Licensure in Medicine will mail to every physician whom it believes to be engaged in the practice of Emergency Medicine in Maine a copy of this chapter of its rules and an application form for enrollment as a participant in the Medical Liability Demonstration Project.
(2) Until December 31, 1996, any physician who believes himself/herself eligible for enrollment and participation in the Medical Liability Demonstration Project pursuant to this chapter may request from the Board a copy of these rules and an enrollment application form.
(3) Between November 1, 1991 and December 31, 1991, the Board of Licensure in Medicine and the Board of Osteopathic Licensure will determine if 50% of all physicians qualifying for enrollment and participation under this chapter have applied. If not, all applicants will be promptly notified and the Medical Liability Demonstration Project, with respect to the specialty medical practice of Emergency Medicine will not take place. If the two Boards jointly determine that more than 50% of the eligible physicians have applied for enrollment prior to November 1, 1991, all physicians who have properly applied and who have been found eligible will be notified by their respective licensing board of their enrollment in the Medical Liability Demonstration Project commencing January 1, 1992.
(4) At any time until the sooner of: (1) a determination that fewer than 50% of eligible physicians have applied for enrollment prior to November 1, 1991 or (2) the termination of the Medical Liability Demonstration Project on December 31, 1996, any physician licensed by the Board of Licensure in Medicine may request and submit enrollment application forms and, if determined by the Board to be eligible for participation, he/she shall be enrolled in the Medical Liability Demonstration Project.
C. Declination to participate; withdrawal from participation:
(1) Enrollment to participate in the Medical Liability Demonstration Project is entirely voluntary and is in no way a requirement for or condition of licensure to practice medicine and surgery in Maine. Physicians declining to enroll as participants need do nothing if and when informed by the Board of their right to apply for enrollment. The Board shall, however, deem it a courtesy to be informed by letter of a physician's choice not to enroll.
(2) Physicians who have applied to be enrolled as participants and/or who have for sometime been participants in the Medical Liability Demonstration Project may, at any time, withdraw from enrollment by letter request for withdrawal from enrollment sent to the Board offices at State House Station #137, Augusta, ME 04333.
