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January 5, 2000
Rule-Making Notice

as it appears in 5 daily Maine newspapers


NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules
Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. (New), Regulations governing timeout areas, restraints and aversives in public schools and approved private schools
PROPOSED RULE NUMBER: 99-P289
CONCISE SUMMARY: These regulations establish standards for the use of timeout areas and restraint by public schools and approved private schools when the behavior of a student presents a risk of injury or harm to the student, others or significant property damage. Standards for the development of local policies and documentation of the use of timeout areas and restraint are specified. The use of aversive therapy or treatment is prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20 MRSA 4502(5)(M)
PUBLIC HEARING:
10:30 a.m. - 12:30 p.m., January 21, 2000, Univ. of Maine ITV System:
Univ. of Maine at Augusta, Katz Library, Room 53
Univ. of Southern Maine, Payson Hall, Room 304
University College (Bangor), Bangor Hall, Room 101
Univ. of Maine at Presque Isle, Pullen Hall, Room 213
Univ. of Maine at Farmington, Studio
Univ. of Maine at Machias, Torrey Room 4
Univ. of Maine at Fort Kent, Annex Room 11
DEADLINE FOR COMMENTS: February 4, 2000
AGENCY CONTACT PERSON: Michael J. Opuda, Ph.D.
AGENCY NAME: Maine Department of Education
ADDRESS: State House Station #23, Augusta 04333
TELEPHONE: (207) 287-5974


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. I, Section 1, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 99-P291
CONCISE SUMMARY: The proposed rule updates Ch. I, Section 1, "General Administrative Policies and Procedures" to reflect changes in the program. More specifically, the update changes the maximum amounts allowed for payments of claims involving Medicare/Medicaid crossover clients for supplemental medical insurance (Medicare Part B) for all non-exempted services. This is a re-posting of a proposed rule change initially published on November 3, 1999.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: January 25, 2000 at 1:30 p.m. in the first floor conference room, 35 Anthony Avenue, Augusta, Maine.
DEADLINE FOR COMMENTS: February 4, 2000
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514
DEAF/HARD OF HEARING: 207-423-4331


AGENCY: 16-222 - Bureau of State Police

RULE TITLE OR SUBJECT: Ch. 4, Motor Carrier Safety Rules
PROPOSED RULE NUMBER: 99-P292
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the safe operations of motor carriers as found in 49 Code of Federal Regulations Parts 40, 382, 390, 391, 392, 393, 395 and 396.
STATUTORY AUTHORITY: Title 29-A M.R.S.A. Section 555

RULE TITLE OR SUBJECT: Ch. 6, Transportation of Hazardous Materials
PROPOSED RULE NUMBER: 99-P293
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the transportation of hazardous materials in commerce as found in 49 Code of Federal Regulations Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387, and 397.
STATUTORY AUTHORITY: Title 25 M.R.S.A. Section 2103-A

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 11, 2000
AGENCY CONTACT PERSON: Lt. Bruce Dow
AGENCY NAME: Bureau of State Police
ADDRESS: 20 State House Station, Augusta, Me 04333
TELEPHONE: (207) 624-8939


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
PROPOSED RULE NUMBER: 99-P294
CONCISE SUMMARY These proposed changes will update the chapters and be in compliance with new State laws. These rules protect the patients/clients of hospitals through receivership for violations of the standards of health, safety or care expected. The proposed rules allow the consumer to know the level of expertise of licensure/certification of who is rendering direct care to them through identification badges. The proposed rules change the co-signature of physician assistant and nurse practitioner requirements to meet the current State regulations promulgated by the Maine State Board of Nursing and the Board of Licensure in Medicine, which are standards used today in this health care setting.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA c. 375, sub-c. 11-A.; 22 MRSA. 7931 et seq.; 22 MRSA. 1964, c. 1, 3, 5, 6, 42, 1811, 1813, 1814, 1815, 1816, 1817 and 1820.
DATE(S)/PLACE(S) OF HEARING(S): Tuesday, January 25, 2000 at 9:00 a.m., Dickens Conference Room, Div. of Licensing & Certification, 35 Anthony Ave., #11 SHS, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: February 4, 2000
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE:
(207) 624-5443 (Telephone)
(207) 624-5386 (FAX)
(207) 624-5512 (TTY-Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

RULE TITLE OR SUBJECT: Ch. 119, Regulations Governing the Licensing and Functioning of Home Health Care Services
PROPOSED RULE NUMBER: 99-P295
CONCISE SUMMARY The proposed change will update Chapter 4 with the addition of Section 4.13. which will allow the consumer to know the level of expertise of licensure/certification of who is rendering individual care to them. The identification badge must include the name of the health care provider, the employee's first name and first initial of last name, and the employee's registration/licensure/certification and job title.

RULE TITLE OR SUBJECT: Ch. 120, Regulations Governing the Licensing and Functioning of Hospice Programs
PROPOSED RULE NUMBER: 99-P296
CONCISE SUMMARY These proposed changes will update Chapter 3.E., Emergency Revocation or Suspension of License, with the addition of Section 3.E.1., Receivership. The proposed change will include the protection of patients/clients of Hospices through receivership for violations of the standards of health, safety or care expected. Revisions to Chapter 4.C., Qualifications for Professional Personnel, will be made to reflect the requirement for all health care provider employees providing direct patient care must wear an identification badge. The identification badge must include the name of the health care provider, the employee's first name and first initial of last name, and the employee's registration/licensure/certification and job title.

STATUTORY AUTHORITY: 5 MRSA c. 376, sub-c. II-A., 22 MRSA. 7931 et seq., 22 MRSA c. 1681, 8621-8631

RULE TITLE OR SUBJECT: Ch. 125, Regulations Governing the Licensing of Ambulatory Surgical Facilities
PROPOSED RULE NUMBER: 99-P297
CONCISE SUMMARY: These proposed changes will update Chapter 2.D., Failure to Comply with Applicable Laws and Rules, with the addition of Section 2.D.4., Receivership. The proposed change will include the protection of patients/clients of Hospices through receivership for violations of the standards of health, safety or care expected. Revisions to Chapter 3., Administrative Requirements, with the addition of Section 3.H., Identification Badges, which reflect the requirement for all health care provider employees providing direct patient care must wear an identification badge. The identification badge must include the name of the health care provider, the employee's first name and first initial of last name, and the employee's registration/licensure/certification and job title.
STATUTORY AUTHORITY: 5 MRSA c. 375, sub-c. II-A, 22 MRSA. 7931, 22 MRSA 1, 1812-E

RULE TITLE OR SUBJECT: Ch. 126, Regulations Governing the Licensing and Functioning of End State Renal Disease Units/Facilities
PROPOSED RULE NUMBER: 99-P298
CONCISE SUMMARY These proposed changes will update Chapter 3.E. to include the protection of patients/clients of End Stage Renal Disease Units/Facilities through receivership for violations of the standards of health, safety or care expected. Chapter 4.C. will be updated to allow the consumer to know the level of expertise of licensure/certification of who is rendering individual care to them through identification badges. The identification badge must include the name of the health care provider, the employee's first name and first initial of last name, and the employee's registration/licensure/certification and job title.
STATUTORY AUTHORITY: 5 MRSA c. 375, sub-c. 11-A., 22 MRSA., c. 412., 2041 and 2042, 22 M.R.S.A. 7931 et. seq.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DATE (S)/P LACE(S) OF HEARING(S): No Public Hearing unless five (5) or more requests are received by the Division of Licensing and Certification.
DEADLINE FOR COMMENTS: February 4, 2000
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE:
(207) 624-5443 (Telephone)
(207) 624-5386 (FAX)
(207) 624-5512 (TTY-Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #00-02
PROPOSED RULE NUMBER: 99-P299
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 3:00 p.m., Friday, January 21, 2000, Department of Agriculture, Food & Rural Resources, Room 336, Deering Building, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 21, 2000
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1, 1.01, Open Water Fishing
PROPOSED RULE NUMBER: 99-P300
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to adopt the following rule for the 2000 - 2001 open water fishing seasons: Aroostook River, Caribou: From and including Otter Brook upstream to the Maine Public Service Co. Dam in Caribou (includes tributaries upstream to the first highway bridge) AND Aroostook River, Fort Fairfield: From and including Pattee Brook upstream to and including Hockenbull Brook in Fort Fairfield (includes tributaries upstream to the first highway bridge: Children under 12 years of age may fish with a single-baited hook and line.
STATUTORY A UTH ORITY: 12 MRSA 7035
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: February 5, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME, 04330-0041
TELEPHONE: 267-5201


ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 322, Metering, Billing, Collections, and Enrollment Interactions Among Transmission and Distribution Utilities and Competitive Electricity Providers
ADOPTED RULE NUMBER: 99-530
CONCISE SUMMARY: The amendments alter the partial payment section of the original rule, limit the provision on retaining enrollments when customers move to a new location, modify the customer data provision to comply with recently enacted legislation, simplify the contract approval process, and make minor language changes consistent with other rules.
EFFECTIVE DATE: December 28, 1999
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 01-026 - Department of Agriculture, Food & Rural Resources, Board of Pesticides Control

CHAPTER NUMBER AND TITLE: Ch. 31, Certification and Licensing Provisions Commercial Applicators
ADOPTED RULE NUMBER: 99-531
CONCISE SUMMARY: The Board has adopted a housekeeping amendment to extend the renewal period for commercial applicators from one year to two. This action is being taken to reduce a heavy workload for Board staff and also reduce the paperwork burden for these licensees. License fees will remain the same but will be assessed on a two year basis starting in 2001. The Board has also clarified the definition of "under the direct supervision of a certified applicator" so that the licensed person on site must maintain visual and contact with all unlicensed employees involved in a pesticide application.

CHAPTER NUMBER AND TITLE: Ch. 35, Certification and Licensing Provisions/Spray Contracting Firms
ADOPTED RULE NUMBER: 99-532
CONCISE SUMMARY: The Board has adopted a housekeeping amendment to extend the renewal period for spray contracting firms from one year to two. This action is being taken to reduce a heavy workload for Board staff and also reduce the paperwork burden for these licensees. License fees will remain the same but will be assessed on a two year basis starting in 2001.

EFFECTIVE DATE: December 28, 1999
AGENCY CONTACT PERSON: Gary D. Fish
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta ME 04333-0028
TELEPHONE: 207/287-1731


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Moose Hunting
ADOPTED RULE NUMBER: 99-532
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule establishing allocations for moose permits in the 7 moose hunting zones. The allocations were adopted as proposed.
EFFECTIVE DATE: December 28, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 321, Load Obligation and Settlement Calculations for Competitive Providers of Electricity
ADOPTED RULE NUMBER: 99-534
CONCISE SUMMARY: The amendments to the rule modify terminology to be consistent with other rules, clarify the intent of the original profiling methodology language, add provisions regarding northern Maine, specify how CEPs will be identified for settlement purposes, add cross-references to other rules, and change the annual reporting date.
EFFECTIVE DATE: December 28, 1999
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 12-168 - Department of Labor
CHAPTER NUMBER AND TITLE: Ch. 11, Rules for Maine Enterprise Option Program
ADOPTED RULE NUMBER: 99-535
CONCISE SUMMARY: These proposed rule amendments will do the following:
1. Remove the requirement that participants attend a "Business Planning" Seminar.
2. Move the description of business training to a different subsection
3. Eliminate the option to substitute other small business training for the training required by this rule
4. Provide guidelines for the development of a written business plan
5. Reduce the number of members of the MEO Review Board and change their terms
6. Eliminate the MEO Advisory Group
7. Modify the appeal procedure for those who are not accepted into the MEO so that the appeal procedure will be in compliance with a statutory change.
EFFECTIVE DATE: January 1, 2000
AGENCY CONTACT PERSON: Peter L. McMann
AGENCY NAME: Department of Labor
ADDRESS: P. O. Box 560, Lewiston, ME 04243-0560
TELEPHONE: (207) 753-2859
FACSIMILE: (207) 753-2855
TDD: 1-800-794-1110


AGENCY: 09-137 - Atlantic Salmon Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Rules of the Atlantic Salmon Commission
ADOPTED RULE NUMBER: 99-536
CONCISE SUMMARY: The Atlantic Salmon Commission has adopted a rule providing for a statewide closure for angling for anadromous Atlantic salmon.
STATUTORY AUTHORITY: 12 MRSA 9902
EFFECTIVE DATE: January 1, 2000
AGENCY CONTACT PERSON: Fred Kircheis, Atlantic Salmon Commission, 650 State Street, Bangor, ME 04401-5654
TELEPHONE: (207) 941-4449
FAX: 941-4443


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Transitional Child Care Guidelines
ADOPTED RULE NUMBER: 99-537
CONCISE SUMMARY: This policy updates the maximum Transitional Child Care (TCC) income guidelines and fee assessment schedule effective January 1, 2000 through September 30, 2000
EFFECTIVE DATE: January 3, 2000
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence

RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Technical Corrections
ADOPTED RULE NUMBER: 99-538
CONCISE SUMMARY: This rule clarifies various existing rules as they are written in policy and corrects typographical errors.

RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - SSI COLA Increase - 2000
ADOPTED RULE NUMBER: 99-539
CONCISE SUMMARY: As of 1/1/00, this rule, which shows a 2.4% COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid: (1) the monthly income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed form $1,500 to $1,536. (2) The income limit for the State Supplement for
an individual living at home changes for $510 to $522 and for a couple, the change is from $766 to $784. Also as of 1 /1 /00, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount is $84,120. The maximum monthly income allocation to the community spouse from the nursing home applicant increases to $2,103. The QI 2 payment for 2000 will be $34.44 for 1 person, $68.88 for 2.
EFFECTIVE DATE: January 3, 2000
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


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