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March 4, 1998
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: 06-481 - Department of Environmental Protection, Board of Underground Storage Tank Installers
RULE TITLE OR SUBJECT: Amendments to Ch. 1, "Administrative Rules"; Repeal of Ch. 4, "Certification of Underground Hazardous Substance Tank Installers."
PROPOSED RULE NUMBER: 98-P36
CONCISE SUMMARY: These changes will (1) repeal the certification program for underground hazardous substance tank installers as mandated by P.L. 1997 c. 364, (2) correctly identify the location of the Board's office relative to current State Bureau names, (3) correct a substantive typographical error in the Board's rules for issuing advisory opinions and (4) make minor language revisions where appropriate to conform to state rule policy guidelines.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 10004.2
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 8,1998
AGENCY CONTACT PERSON:
AGENCY NAME: James Hynson
ADDRESS: c/o Maine Dept. Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: 207/287-7889

AGENCY: 02-502 - Department of Professional and Financial Regulation, Board of Complementary Health Care Providers (formerly Acupuncture Licensing Board)
RULE TITLE OR SUBJECT:
Repeal Ch. 1, Definitions
Repeal Ch. 2, Licensure Requirements
Repeal Ch. 3, Standards for Continuing Education
Repeal Ch. 4, Complaint Handling and Enforcement
Repeal Ch. 5, Code of Ethics
Repeal Ch. 6, Renewal of License
New rules as follows (Replace):
Ch. 1, Definitions
Ch. 2, General Provisions
Ch. 3, Licensure Requirement for Acupuncturists
Ch. 4, Licensure Requirement for Naturopathic Doctors
Ch. 5, Standards for Continuing Professional Education for Acupuncturists and Naturopathic Doctors
Ch. 6, Standards Relating to Prescriptive Authorities and Collaborative Relationships
Ch. 7, Enforcement and Disciplinary Procedures
Ch. 8, Code of Ethics
Ch. 9, Fees
PROPOSED RULE NUMBER: 98-P37
CONCISE SUMMARY: Due to the numerous oral requests for public hearing, the rules for Standards Relating to Prescriptive Authorities and Collaborative Relationship (Chapter 6) is being reproposed for public hearing. In addition, because the deadline for submission to the Office of the Attorney General for sign off as to form and legality was missed, the proposed Chapters 1 through 5 and 7 through 9 rules rule making process is being reinitiated. The purpose of these rules will repeal existing rules that were adopted by the former Acupuncture Licensing Board. New rules relating to the requirements for licensing, continuing professional education, and enforcement of the practice of acupuncture and naturopathic doctors are being proposed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 MRSA, Ch. 113-B ,12503 and 12506
PUBLIC HEARING: Tuesday, March 24, 1998 at 9:30 a.m., Central Conference Room, Department of Professional and Financial Regulation, Gardiner Annex, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: April 4, 1998
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8625


AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 3, Rules and Regulations relating to Beano
PROPOSED RULE NUMBER: 98-P38
CONCISE SUMMARY: This provides the routine technical rule for the establishment of a nonsmoking area at beano. It complies with recent legislation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 17, Section 317
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 20, 1998
AGENCY CONTACT PERSON: Sgt. Barry G. Hathaway
AGENCY NAME: Maine State Police, Gaming and Weapons Unit
ADDRESS: 164 State House Station, Augusta, Maine 04333-0164
TELEPHONE: 207-624-8784


AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE AND NUMBER: Ch. 10, Rules for Determination of Assessments
PROPOSED RULE NUMBER: 98-P39
CONCISE SUMMARY: This rule identifies those health care providers and health insurance providers required to pay annual assessments for the operational costs, which include staff salaries, administrative expenses, data system expenses, and consulting fees, of the Maine Health Data Organization. This rule also establishes the process for determining the individual assessments for each entity and the timetable for payment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A 8704, sub-4 and 8706, sub-2
PUBLIC HEARING: March 27, 1998 - 1:00 p.m., Maine Health Data Organization Conference Room, Gardiner Annex - Northern Avenue, Gardiner, ME.
DEADLINE FOR COMMENTS: April 10, 1998
AGENCY CONTACT PERSON:
NAME: Alan M. Prysunka, Executive Director
ADDRESS: Maine Health Data Organization, Gardiner Annex-Northern Avenue, 35 State House Station, Augusta, Maine 04333-0035
TELEPHONE: 624-8655


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - (1) Medicaid for Children Who Are Closed From SSI Because They Do Not Meet the August 23, 1996 SSI Disability Criteria; (2) Income Allocation to Children in SSI-Related Medicaid
PROPOSED RULE NUMBER: 98-P40
CONCISE SUMMARY: This rule change: 1. continues Medicaid coverage for children who lose SSI coverage due to not meeting the August 23, 1996 child disability criteria; and, 2. allows for an income allocation from parents to children when determining eligibility for Medicaid under SSI-related coverage.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 3, 1998
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948


ADOPTIONS

AGENCY: 02-380 - Department of Professional and Financial Regulation, Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
ADOPTED RULE NUMBER: 98-99
CONCISE SUMMARY: This rule was adopted by the board of nursing on February 12, 1998 as an emergency rule due to numerous calls requesting clarification of the value of contact hours awarded to an individual who is precepting a registered nurse in an advanced practice nursing program. (Adopted: 1 contact hour of category II for 3 hours of precepting a registered nurse in an advanced practice nursing program)
EFFECTIVE DATE: February 20, 1998
AGENCY CONTACT PERSON: Myra Broadway
AGENCY NAME: Maine State Board of Nursing, 158 SHS
ADDRESS: Augusta, ME 04333-0158
TELEPHONE: 207-287-1133


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 98-100
CONCISE SUMMARY:
* Additional legal immigrant statuses have been added for potential Food Stamp eligibility.
* Clarification has been added to the noncompliance with other public assistance program requirement rules.
* One of the costs allowed under the medical deduction for obtaining medical treatment has been corrected.
EFFECTIVE DATE: February 24, 1998
AGENCY CONTACT PERSON: Susan L. Dustin, Director, Policy & Programs, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3104
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual
ADOPTED RULE NUMBER: 98-101
CONCISE SUMMARY: This rule increases the income limit for Medicaid coverage for single/disabled/un-underemployed parents of children age 18 and younger and for individuals age 19 and 20. For the family of 3, the monthly income limit is now 50% of the federal poverty level ($553) and will change to 100% of the federal poverty level ($1,111).
EFFECTIVE DATE: February 24, 1998
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


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 2, Aquaculture Lease Regulations
ADOPTED RULE NUMBER: 98-102
CONCISE SUMMARY: This rule establishes the procedures and criteria for experimental and emergency aquaculture leases pursuant to 12 M.R.S.A. 6072, 6072-A and 6072-B. The rule establishes a streamlined process for applying for both experimental and emergency leases and the criteria for the Department to use when considering an application for such a lease. The rule defines the responsibilities of the applicant once the lease has been issued as well as procedures for revoking a lease. The rule also establishes a process for amending an aquaculture lease to include new species and clarifies the number of people that are required to request a public hearing for lease renewals. Minor changes have also been made to correct typographic errors and grammar.
EFFECTIVE DATE: February 25, 1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance

CHAPTER NUMBER AND TITLE: Amendment to Rule Ch. 390, Motor Vehicle Insurance Identification Cards
ADOPTED RULE NUMBER: 98-106
CONCISE SUMMARY: To prescribe standards for the uniform motor vehicle insurance identification cards.

CHAPTER NUMBER AND TITLE: Amendment to Rule Ch. 550, Calculation of Premium for Interstate Workers' Compensation Insurance Risks and Rate Filing Requirements
ADOPTED RULE NUMBER: 98-107
CONCISE SUMMARY: Certain employers seek to gain an unfair competitive advantage by paying for workers' compensation insurance at out-of-state premium rates for activities conducted in Maine and subject to Maine workers' compensation law. Insurers share in the responsibility to protect the integrity of the workers' compensation system from such abuses, and are under a continuing duty to exercise due diligence in auditing their clients.

EFFECTIVE DATE: February 25, 1998
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 2, Adult Family Care Services
ADOPTED RULE NUMBER: 98-108
CONCISE SUMMARY: Effective for Adult Family Care Home services delivered on or after January 1, 1998, these rules increase reimbursement for Levels 1, 2, & 3 services by $2/ per day.
EFFECTIVE DATE: February 28, 1998
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5520
TTY# (207)287-3799


AGENCY: 94-178 - Finance Authority of Maine (FAME), Adaptive Equipment Loan Program Fund Board (AELP)
CHAPTER NUMBER AND TITLE: Ch. 501 - Amendment 5
ADOPTED RULE NUMBER: 98-109
CONCISE SUMMARY: This amendment makes changes to the rule unifying the maximum amount of loans for personal and business purposes, so that all loans are capped at $100,000 both per loan and cumulatively to or for the benefit of any one borrower.
EFFECTIVE DATE: March 1, 1998
AGENCY CONTACT PERSON: Christopher H. Roney, Counsel to the AELP Board, c/o Finance Authority of Maine (FAME), P.O. Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


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