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May 6, 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: 65-407 - Public Utilities' Commission
RULE TITLE OR SUBJECT: Ch. (New), Bill Unbundling and Illustrative Bills
PROPOSED RULE NUMBER: 98-P93
CONCISE SUMMARY This rule requires bills issued by electric utilities to state Illustrative rates and charges for electric generation services separately from those for electric delivery service, during the period January 1, 1999 to February 29, 2000. The purpose of bill unbundling is to prepare consumers for the separation of these services that will occur under electric restructuring, which will begin on March 1, 2000.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A, M.R.S.A. 111, 3213(1)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 5, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting & Trapping (4.03 - Deer Hunting Season)
PROPOSED RULE NUMBER: 98-P94
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes the following additions to the rules pertaining to the hunting of deer (4.03 A): There shall be a special expanded archery deer hunting season from September 8, 1998 through September 30, 1998. All provisions of 12 MRSA Section 7102-A and 7102-B apply to this season, also. This special expanded archery deer hunting season will be open only in the following areas:
1) Specific areas in the towns of Brewer, Bangor, Orono, Old Town, Hampden, Camden, Rockland, Thomaston, Waterville, Winslow, Oakland, Sidney, Benton, Augusta, Hallowell, Farmingdale, West Gardiner, Gardiner, Lewiston, Auburn, Scarborough, Westbrook, Falmouth, Cumberland, North Yarmouth, Yarmouth, Kittery, Eliot. The detailed description of the areas open within these towns is available from the agency contact person listed below.
2) Wildlife Management District 24
3) Wildlife Management District 30
In addition, 4.03 Paragraph G (Deer Transportation Requirements) is being amended to allow a hunter to use any of the following for transporting deer: the tag provided with their license; a tag provided by the hunter bearing their full name, address and hunting license number; their any-deer permit; or their hunting license. Also, the regulation requiring that licenses be invalidated by removing the deer punchout from the license is being repealed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA, Sections 7035, 7102-B
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: June 8,1998
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 70, Optician Services.
ADOPTED RULE NUMBER: 98-181
CONCISE SUMMARY: The rule clarifies: non-covered services; changes the warrantee coverage for eyewear provided through the Vision Care Volume Purchase Program from 60 days to one year; allows for reimbursement for interpreter services; and updates references to the Preventive Health Program to the "Early Periodic Screening, Diagnosis, and Treatment Program," and related minor editing changes.
EFFECTIVE DATE: 98-181
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: #11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514


AGENCY: 02-296 - Department of Professional & Financial Regulation, Office of Licensing & Registration, Board of Examiners on Speech-Language Pathology & Audiology

Ch. 1, General Rules
ADOPTED RULE NUMBER: 98-184
CONCISE SUMMARY: Establish, and distinguish between the requirements for, temporary and permanent licensure. Align fees to correspond with recent practice, in accordance with Title 32, 6028.

Ch. 2, Continuing Professional Education Requirements for Renewal of Licensure in Speech-Language Pathology & Audiology
ADOPTED RULE NUMBER: 98-185
CONCISE SUMMARY: Reduce the number of Continuing Professional Education units required for biennial renewal of a single license in either Speech-Language Pathology or Audiology from 50 to 25. Reduce the CPE units required for a dual license from 65 to 35. Eliminate the categorical distinctions among types of course units.

Ch. 3, The Registration and Use of Speech-Language Pathology Aides and Speech-Language Pathology Assistants by Board-Licensed Speech-Language Pathologists
ADOPTED RULE NUMBER: 98-186
CONCISE SUMMARY: Outline the eligibility requirements for licensure as a Speech-Language Pathology Assistant (Title 32, 6020-A). Grandfather, until January 1, 2005, existing Speech-Language Pathology Aides; thereafter, they must be qualified as Assistants (Title 32, 6004).

Ch. 4, Scope of Practice
ADOPTED RULE NUMBER: 98-187
CONCISE SUMMARY: Move the Code of Ethics from Chapter #1 and incorporate it into the Scope of Practice. Enumerate the elements contemplated within the Scope of Practice of Speech-Language Pathology and Audiology.

EFFECTIVE DATE: April 29, 1998
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Living Facilities
ADOPTED RULE NUMBER: 98-188
CONCISE SUMMARY: These final rules describe the minimum requirements for the operation and licensing of Assisted Living Facilities and such requirements that the provider must meet regarding application and inspection procedures, fire safety standards, qualifications of the provider, resident rights, nutrition and health, clothing and possessions, resident records, living areas and sleeping accommodations, sanitation and safety. These are major substantive rules that were approved by the State Legislature and signed by the Governor as a resolve (Resolve 115) on April 3, 1998. The rules replace emergency rules that have been in effect since October 20, 1997.
EFFECTIVE DATE: May 27, 1998
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing & Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 2.10, Aquaculture Lease Regulations, Lease Categories and Environmental Baseline
ADOPTED RULE NUMBER: 98-189
CONCISE SUMMARY: This rule changes the categories of aquaculture leases to be consistent with the regulations of other permitting agencies and to make it clearer to the applicant the types of information and permits that will be required. Instead of categorizing leases according to the species grown, lease applications will be categorized according the expected environmental and navigational impacts, primarily whether structures or discharges are involved in the lease activity. As such, there are four categories: structure, discharge (e.g., salmon pens); structure, no discharge (e.g., floating trays for oysters); no structure, discharge (e.g., the feeding of urchins on the bottom); and no structures, no discharge (mussels grown on the bottom). The baseline to monitor the environmental effects of a lease activity are now based on these new categories and ensure that the levels of assessment are appropriate to the anticipated environmental risk of the lease activity. Minor changes have also been made to correct typographic errors and grammar.
EFFECTIVE DATE: May 28, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - 1998 Federal Poverty Levels
ADOPTED RULE NUMBER: 98-192
CONCISE SUMMARY: This rule puts into effect the 1998 Federal Poverty Level (FPL). The FPL is updated each year by the U.S. Department of Health and Human Services. The FPL serves as the income limit in Medicaid for children, elderly and disabled individuals and pregnant women. The 1998 FPL will mean an average increase of 1.9% in Medicaid income limits for these affected groups.
EFFECTIVE DATE: May 4, 1998. Emergency rule on 1998 Federal Poverty Levels was effective February, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF): Updating the Federal poverty Level Income Guidelines
ADOPTED RULE NUMBER: 98-193
CONCISE SUMMARY: The policy updates the federal poverty level income guidelines contained in the TANF policy manual.
EFFECTIVE DATE: May 4, 1998
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: (207) 287-5089
TTY: (207) 287-6948


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

CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
ADOPTED RULE NUMBER: 98-194
CONCISE SUMMARY: The reason for this final rule is to allow the consumer to know that home health and nursing home services are available in the area of the State where the consumer wishes to reside. The consumer will have knowledge of the hospital's ownership and financial interest in the nursing facility or home health care provider. These final rules would require a written list of all licensed home health care providers and any branch offices, to include addresses and telephone numbers, that serve the area in which the patient resides. The same list would be required for those patients requiring nursing facility care. All hospitals will be required to meet these final regulations.

CHAPTER NUMBER AND TITLE: Ch. 110, Regulations Governing Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
ADOPTED RULE NUMBER: 98-195
CONCISE SUMMARY: The reason for this final rule is to allow the consumer to know the home health and nursing home services available in the area of the State where the consumer wishes to reside. The consumer will have knowledge of the nursing facility's ownership and/or financial interest in the nursing facility or home health provider. These final rules require a written list of all licensed home health care providers and any branch offices, to include addresses and telephone numbers, that serve the area in which the resident resides. The same list would be required for those residents requiring nursing facility care. All nursing facilities are required to meet these final regulations.

EFFECTIVE DATE: June 1, 1998
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
TTY: (207) 624-5512


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