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Weekly Rulemaking Notices Contact Us Find It

May 8, 2002
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: 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: 2002-P127
CONCISE SUMMARY: These proposed regulations will more clearly identify the components of a staffing plan to be utilized in all hospitals to determine staffing needs and staffing mix. The proposed regulations will also more clearly define the assignment of personnel based on knowledge and experience, the orientation of per diem and temporary nurse agency staff, and the development of a contingency plan for instances when the hospital or patient care unit is unable to meet the care needs of patients. The proposed regulations also require the use of Quality Improvement clinical indicator screens to track, trend, and evaluate the staffing effectiveness.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: MRSA, Title 5, Ch. 375, Subchapter II-A.; 22 MRSA, Section 7931 et seq.; 22 MRSA 1964, Ch. 1, Section 3, 5, 6, 42, Section 1811, Section 1813, 1815, 1816, 1817 and 1820.
DATE(S)/PLACE(S) OF HEARING(S): Wednesday, May 29, 2002 at 1:30 p.m., Division of Licensing and Certification, Hearing Room, 442 Civic Center Dr., Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: June 8, 2002
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
FAX: (207) 624-5386
TTY-DEAF/HARD OF HEARING (207) 624-5512


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Address Confidentiality Program
PROPOSED RULE NUMBER: 2002-P128
CONCISE SUMMARY: The 120th Maine Legislature has enacted a law creating an Address Confidentiality Program (ACP) to be administered by the Secretary of State's Office. The program will provide address confidentiality for victims of domestic violence, stalking or sexual abuse and requires state and local agencies and the courts to accept a designated address as the program participants' address when creating a public record. This rule implements this provision for the Food Stamp Program. By being a certified participant in this program, Food Stamp recipients are alerted to the fact that timely decisions and notices will be mailed to the designated address and, as the ACP is a mail forwarding service, the participants may experience delays in the receipt of decisions, notices, and benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless request9d by 5 or more people.
DEADLINE FOR COMMENTS: June 7, 2002
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Rd, Augusta ME 04333-0011
TELEPHONE. (207) 287-5093
TTY: (207) 287-6948


AGENCY: 12-170 - Department of Labor Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 1, Procedures and Standards for Testing Stuffing Material in Stuffed Toys
PROPOSED RULE NUMBER: 2002-P129
CONCISE SUMMARY: These rules are repealed in response to 1999 PL c. 731(K) which repealed the underlying statute to these rules (26 MRSA Ch. 5, Subchapters I, I-A and I-B), effective June 30, 2001.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUT6RY AUTHORITY: Title 26, Ch. 5, Section 123
PUBLIC HEARING: None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 7, 2002
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #05-02
ADOPTED RULE NUMBER: 2002-124
CONCISE SUMMARY: Minimum May, 2002 Class I price is $14.51 plus $.15/cwt. Producer Cost of Production and an over order premium of $1.00/cwt. as being prevailing in southern New England for a total of $15.86. Class II minimums set at $12.34 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices. Minimum Prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: May 1, 2002
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 17-229 - Maine Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 299, Parts A & B, Highway Driveway and Entrance Rules (major substantive portion)
ADOPTED RULE NUMBER: 2002-125
CONCISE SUMMARY: Final adoption of amendments to the Maine Department of Transportation's Rules, Ch. 299, regulating driveway and entrances on State and State Aid Highways. These amendments focus on Maine's Arterial highways that have speed limits of 40 mph or greater, average more than 5,000 vehicles per day and are located between two compact urban areas or service centers. It also focuses on arterials with higher than average crashes related to driveways and entrances. It does not regulate arterials within compact urban areas.
EFFECTIVE DATE: May 25, 2002
AGENCY CONTACT PERSON: Kathy Fuller, Assistant Director, Planning
AGENCY NAME: Maine Department of Transportation
ADDRESS: 16 State House Station, Augusta, Maine 04333-0016
TELEPHONE: (207) 624-3300


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 890, Consumer Complaint Ratios
ADOPTED RULE NUMBER: 2002-126
CONCISE SUMMARY: This Rule applies to all insurers holding certificates of authority to issue insurance policies or annuity contracts within the state of Maine, except that this rule does not apply to reinsurance, surplus lines insurance, or to complaints under the jurisdiction of the Workers' Compensation Board.
EFFECTIVE DATE: May 4, 2002
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
PHONE: (207) 624-8460


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Maine Water Well Commission
CHAPTER NUMBER AND TITLE: Ch. 232, Well Drillers and Pump Installers Rules
ADOPTED RULE NUMBER: 2002-127
CONCISE SUMMARY: The changes to the State of Maine Well Drillers and Pump Installers Rules involve updating the specific rule sections to coincide with the changes mandated by changes made to Maine Statute.
EFFECTIVE DATE: May 5, 2002
AGENCY CONTACT PERSON: David Braley
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta ME 04333
TELEPHONE: (207) 287-3194
TTY: (207) 287-2070


AGENCY: 10-144 - Department of Human Services, Bureau of Elder and Adult Services, Assisted Living Licensing Services
CHAPTER NUMBER AND TITLE: Ch. 113, Rules and Regulations Governing Licensing and Functioning of Assisted Living Facilities
ADOPTED RULE NUMBER: 2002-128
CONCISE SUMMARY: Several changes were made to the regulations to conform with Statue in the following areas: Default licensing, an increase in fines for operating without a license, issuing a single license for multi-level facilities, and moving requirements for Alzheimers/Dementia units to a chapter that will apply the standards to all assisted living facilities. Several definitions were added for more consistent interpretation of requirements. Definitions for Congregate Housing Services Programs, Level-1 and Level-1 Plus facilities, useable floor space and rental space. New requirements are adopted pertaining to grab bars, administration of PRN medications, ratio of bathing facilities, giving residents the Long Term Care Ombudsman's brochure upon admission, displaying Statements of Deficiencies in a common area and training requirements for Level II administrators. Amendments to requirements for nursing oversight and several changes in grammar and punctuation were also made.
EFFECTIVE DATE: May 30, 2002
AGENCY CONTACT PERSON: Peter Mauro, Jr., Director, Assisted Living Licensing Services
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5250 TOLL FREE: 1 (800) 791-4080
TOLL FREE TTY: 1 (888) 720-1925


AGENCY: 16-230 - Maine Drug Enforcement Agency
CHAPTER NUMBER AND TITLE: Ch. 1, Requirements for Written Prescriptions of Schedule II Drugs
ADOPTED RULE NUMBER: 2002-129
CONCISE SUMMARY: The rules set forth safety requirements and procedures for all prescriptions written by Maine practitioners for schedule II drugs. The requirements include the use of prescriptions forms that utilize paper that is resistant to tampering and forgery and is designed with printed features that discourage fraud. The rules also provide for the requirements as to the manner in which the prescriptions forms must be filled out, and the circumstances under which oral and faxed prescriptions are allowed to be transmitted to pharmacies.
EFFECTIVE DATE: May 31, 2002
AGENCY CONTACT PERSON: Roy E. McKinney
AGENCY NAME: Maine Drug Enforcement Agency
ADDRESS: Key Plaza, 286 Water Street, 1st Floor, 166 State House Station, Augusta, Maine 04333-0166
TELEPHONE: (207) 287-5164


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