SECTION 1: Participation in the Medical Liability Demonstration Project in the specialized medical practice of Obstetrics and Gynecology.
A. Eligibility to Participate: A physician may be enrolled by the Board of Licensure in Medicine as a participant in the Medical Liability Demonstration Project for Obstetrics and Gynecology medical practice if:
(1) he/she has been granted a license to practice medicine and surgery in Maine by the Maine Board of Licensure in Medicine, 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. section 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, regardless of primary medical practice specialty, holds medical staff privileges to perform obstetrical and gynecological procedures granted by a Maine licensed hospitals pursuant to the medical staff bylaws of that institution; and,
(b) the physician regularly engages in the provision of, or the medical supervision of others engaged in the provision of, gynecological and/or prenatal care of women; and/or, obstetrical delivery or termination of pregnancy; and/or, post partum care of which occurs in Maine . Evidence of this practice may include, but is not limited to, one or more of the following criteria:
(i) The physician holds himself out to the public and to his professional colleagues as having expertise in the diagnosis and treatment of gynecological conditions and/or the provision of obstetrical care of pregnant women and he/she is generally recognized as professionally competent to do so;
(ii) The physician is eligible for certification or is certified by the American Board of Obstetrics and Gynecology; or,
(iii) The physician is a member in good standing of the American College of Obstetrics and Gynecology and/or its Maine chapter.
(2) The physician makes application to the Board on a form provided 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 Obstetrics and Gynecology 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 Obstetrics and Gynecology, 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 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.
