independent contractors or other persons or entities, including other health care
providers. A health care provider that fails to provide notice to those employees,
independent contractors or other persons or entities, including other health care
providers, in compliance with this paragraph may not enforce such a policy against
those employees, independent contractors or other persons or entities, including other
health care providers.
C. Subject to compliance with paragraph B, the prohibiting health care provider may
take action, including, but not limited to, the following, as applicable, against an
employee, independent contractor or other person or entity, including another health
care provider, that violates this policy:
(1) Loss of privileges, loss of membership or other action authorized by the
bylaws or rules and regulations of the medical staff;
(2) Suspension, loss of employment or other action authorized by the policies
and practices of the prohibiting health care provider;
(3) Termination of any lease or other contract between the prohibiting health
care provider and the employee, independent contractor or other person or entity,
including another health care provider, that violates the policy; or
(4) Imposition of any other nonmonetary remedy provided for in any lease or
contract between the prohibiting health care provider and the employee,
independent contractor or other person or entity, including another health care
provider, in violation of the policy.
D. Nothing in this section may be construed to prevent, or to allow a prohibiting
health care provider to prohibit, an employee, independent contractor or other person
or entity, including another health care provider, from any of the following:
(1) Participating, or entering into an agreement to participate, in activities under
this Act while on premises that are not owned or under the management or direct
control of the prohibiting health care provider or while acting outside the course
and scope of the participant's duties as an employee of, or an independent
contractor for, the prohibiting health care provider; or
(2) Participating, or entering into an agreement to participate, in activities under
this Act as an attending physician or consulting physician while on premises that
are not owned or under the management or direct control of the prohibiting health
care provider.
E. In taking actions pursuant to paragraph C, a health care provider shall comply
with all procedures required by law, its own policies or procedures and any contract
with the employee, independent contractor or other person or entity, including
another health care provider, in violation of the policy, as applicable.
F. Any action taken by a prohibiting health care provider pursuant to this subsection
is not reportable to the appropriate licensing board under Title 32, including, but not
limited to, the Board of Licensure in Medicine, the Board of Osteopathic Licensure
and the Maine Board of Pharmacy. The fact that a health care provider participates in
activities under this Act may not be the sole basis for a complaint or report by another
health care provider to the appropriate licensing board under Title 32, including, but