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June 9, 1999
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: 05-107 - Department of Education
RULE TITLE OR SUBJECT: Ch. 182, Formula for Distribution of Funds to Child Development Services (CDS) Regional Sites
PROPOSED RULE NUMBER: 99-P105
CONCISE SUMMARY: The refinement of cost projections through a data driven approach rather than an historical approach will permit the Legislature to clearly identify the reasons for cost increases and provide greater focus on potential cost containment strategies for the CDS system. The funding formula must include consideration of the costs associated with the following functions: administration; Childfind; case management; and provision of other services. The funding formula must take into consideration other factors which may include, but are not limited to, a regional site's geographic area, the general population of children from birth to under age 6, ChildCount, the Medicaid eligibility rate and cost containment measures. The formula may allocate a portion of total funds, not to exceed 8% of the State's general fund appropriation for the Child Development Services System, for distribution to the regional sites based on unanticipated changes in costs or amount of mandated services provided during the fiscal year. The formula may also include a provision to limit the magnitude of gain or loss of funds a site will experience from one fiscal year to the next.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Chapter 296, section 12 5 MRSA 8073;. 20-A MRSA 7727 (4-A)
PUBLIC HEARING: Wednesday, June 16, 1999, 1:00 - 3:00 p.m., Department of Education, Commissioner's Conference Room (1st Floor)
DEADLINE FOR COMMENTS: Friday, June 18, 1999, 5:00 p.m. (to be submitted to
Child Development Services State Office)
AGENCY CONTACT PERSON: Joanne. C. Holmes
AGENCY NAME: CDS State Office
ADDRESS: State House Station #146, Augusta, Maine 04333
TELEPHONE: (207) 287-3272


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Transitional Medicaid
PROPOSED RULE NUMBER: 99-P106
CONCISE SUMMARY: This rule (1) changes the definition of "unemployed parent" to mean employment of less than 130 hours per month (as opposed to the existing rule of 100 hours), (2) extends Transitional Medicaid coverage to certain Medicaid eligible families with children, (3) requires families with children to have met certain Medicaid criteria for 1 of the prior 3 months before they can access Transitional Medicaid, (4) allows retroactive coverage to be used in this count.
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: July 9, 1999.
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 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 02-384 - Board of Dental Examiners

CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to Dental Hygienists
ADOPTED RULE NUMBER: 99-231
CONCISE SUMMARY: An amendment to Chapter 1 to clarify that a hygienist from another state needs at least two years of experience in the past five years in the administration of local anesthesia to qualify to take the anesthesia exam. Also, to add the placement of Tetracycline fibers, Acticite, or similar therapies as a duty delegable to dental hygienists under the direct supervision of dentists.

CHAPTER NUMBER AND TITLE: Ch. 3, Rules Relating to the Practice of Denturism
ADOPTED RULE NUMBER: 99-232
CONCISE SUMMARY: The legislature has revised sub-chapter VI of the Maine Dental Practice Act for the practice of denturism. Statute 32 M.R.S.A. 1100-C mandates that the Board adopt rules necessary to implement this chapter. Rule establishes requirements for a temporary denturist permit as well as provisions under which a licensed denturist may function.

CHAPTER NUMBER AND TITLE: Ch. 8, Complaints; Definition of sexual misconduct
ADOPTED RULE NUMBER: 99-233
CONCISE SUMMARY: An amendment to add the definition of sexual misconduct to the list of unprofessional conduct. It also adds infection control procedures to the list of violations of sanitary and safe office conditions, as well as some minor housekeeping changes.

EFFECTIVE DATE: May 25, 1999
AGENCY CONTACT PERSON: Anita C. Merrow
AGENCY NAME: Board of Dental Examiners
ADDRESS: 143 State House Station, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Radiation Control Program
CHAPTER NUMBER AND TITLE: Ch. 220, Rules Relating to Radiation Protection
ADOPTED RULE NUMBER: 99-239
CONCISE SUMMARY: The proposed revision to the current State of Maine Regulations Relating to Radiation Protection makes the State compatible with the Federal Nuclear Regulatory Commission regulations, increases the x-ray section fees, and clarifies the requirements for analytical x-ray users in the state.
EFFECTIVE DATE: August 26, 1999
AGENCY CONTACT PERSON:
NAME: Jay C. Hyland, P.E., Manager, Radiation Control Program
ADDRESS: State House Station 10, Augusta, Maine 04333-0010
PHONE: 287-5676


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