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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

May 2, 2001
as posted 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 adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 15, Procedures and Standard for Batterer Intervention Programs
PROPOSED RULE NUMBER: 2001-P115
CONCISE SUMMARY: The proposed Rule revisions are to more accurately match the Maine Batterer Intervention Program Standards with the operating procedures of the nationally recognized programs and the operating procedures of the State's individual Batterer's Intervention Programs. THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA 1402
PUBLIC HEARING: Tuesday, May 22, 2001, 10-11 a.m., MDOC Conference Room, Augusta Mental Health Complex, Tyson Office Building, 3rd floor, Augusta, Maine
DEADLINE FOR COMMENTS: June 5, 2001
AGENCY CONTACT PERSON: Ellis King, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


ADOPTIONS

AGENCY: 14-193 - Department of Mental Health, Mental Retardation and Substance Abuse Services
CHAPTER NUMBER AND TITLE: Ch. 2, Mental Health Request Package - repeal
ADOPTED RULE NUMBER: 2001-139
CONCISE SUMMARY: This rule applies to mental health contracting requirements for FY83 and is no longer applicable from either the financial or programmatic perspectives.
EFFECTIVE DATE: April 25, 2001
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
AGENCY NAME: Department of Mental Health, Mental Retardation and Substance Abuse Services
ADDRESS: 40 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7368
TTY: (207) 287-2000


AGENCY: 14-197 - Department of Mental Health, Mental Retardation and Substance Abuse Services
CHAPTER NUMBER AND TITLE: Ch. 2, Residential Services Agreement - repeal
ADOPTED RULE NUMBER: 2001-140
CONCISE SUMMARY This rule is being repealed and replaced with a Department-wide rule governing all service agreements.
EFFECTIVE DATE: April 25, 2001
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
AGENCY NAME: Department of Mental Health, Mental Retardation and Substance Abuse Services
ADDRESS: 40 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7368
TTY: (207) 287-2000


AGENCY: 14-191 - Department of Mental Health, Mental Retardation and Substance Abuse Services
CHAPTER NUMBER AND TITLE: Ch. 45, Service Agreements
ADOPTED RULE NUMBER: 2001-141
CONCISE SUMMARY This rule is the replacement for 14-197-CMR Ch. 2, "Residential Services Agreements," and applies to all agreements between DMHMRSAS and community agencies that are not subject to approval by the State Contract Review Committee.
EFFECTIVE DATE: April 25, 2001
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
AGENCY NAME: Department of Mental Health, Mental Retardation and Substance Abuse Services
ADDRESS: 40 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7368
TTY: (207) 287-2000


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #05-01
ADOPTED RULE NUMBER: 2001-143
CONCISE SUMMARY: Minimum May, 2001 producer Class I price is $17.46 plus $.15 Producer Cost of Production for a total of $17.61. Class III minimums set at $11.42 These changes were passed on in minimum prices.
EFFECTIVE DATE: May 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
ADOPTED RULE NUMBER: 2001-144
CONCISE SUMMARY: The rule change allows CNA-Ms to administer certain medications under onsite supervision of licensed nurse in county jails and state correctional facilities.
EFFECTIVE DATE: April 30, 2001
AGENCY CONTACT PERSON: Virginia E. DeLorimier
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing,
ADOPTED RULE NUMBER: 2001-145
CONCISE SUMMARY: To expand prescriptive authority of nurse practitioners and nurse midwives, including, ability to prescribe Schedule II narcotics.
EFFECTIVE DATE: April 30, 2001
AGENCY CONTACT PERSON: Virginia E. DeLorimier
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 11, Regulations Relating to the Nurse Licensure Compact
ADOPTED RULE NUMBER: 2001-146
CONCISE SUMMARY: This rule would allow the Maine State Board of Nursing to join the Nurse Licensure Compact whereby Maine would recognize other states' registered and practical nurses' licenses if those states are also members of the Nurse Licensure Compact.
EFFECTIVE DATE: July 1, 2001
AGENCY CONTACT PERSON: Myra A. Broadway
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - 2001 Federal Poverty Levels
ADOPTED RULE NUMBER: 2001-147
CONCISE SUMMARY: This rules puts into effect the 2001 Federal Poverty Level (FPL). The FPL's are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit in Cub Care, Medicaid for children and their parents, elderly and disabled individuals and pregnant women.
EFFECTIVE DATE: April 30, 2001
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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