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June 10, 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: None this week.


ADOPTIONS
AGENCY: 90-564 - Fund Insurance Review Board

CHAPTER NUMBER AND TITLE: Ch. 2, Substantial Compliance Criteria
REPEALED RULE NUMBER: 98-250
CONCISE SUMMARY: The rule is being repealed because the substantial compliance requirements set forth in 38 M.R.S.A. 568A(1) as enacted by P.L. 1993, ch. 363, 58 and 9, were repealed by P.L. 1995, ch. 361 ,4, and therefore are no longer necessary.

CHAPTER NUMBER AND TITLE: Ch. 5, Documentation Requirements for Applications to the State Fire marshal for Coverage by the Ground Water Oil Clean-Up Fund at Above Ground Oil Storage Facilities
ADOPTED RULE NUMBER: 98-251
CONCISE SUMMARY: This rule lists the documents required to be supplied by owners/operators of above ground oil storage facilities as part of the application to the State Fire marshal for coverage by the Ground Water Oil Clean-Up Fund. It also lists documents that may be provided to and documents that will be reviewed by the State Fire Marshal.

CHAPTER NUMBER AND TITLE: Ch. 6, Assessment of Inability to Pay Deductible for a Personal. Residence under Ground Water oil Clean-Up Fund
ADOPTED RULE NUMBER: 98-252
CONCISE SUMMARY: This chapter explains the factors, guidelines, and documents that will be used to determine whether an applicant for coverage to the Ground Water Oil Clean-Up Fund for a personal residence is unable to pay the deductible and therefore whether the assignment of the deductible should be waived.

EFFECTIVE DATE: June 7, 1998
AGENCY CONTACT PERSON: Vickie L. Frost Reynolds, Fund Insurance Review Board, c/o Finance Authority of Maine (FAME), 83 Western Avenue, P.O. 949, Augusta, Maine 04332
PHONE: 207-623-3263


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual, Ch. II & III, Section 85, Physical Therapy Services
ADOPTED RULE NUMBER: 98-254
CONCISE SUMMARY: This final rule changes the definition of Physical Therapy Services to enable referrals by oral surgeons, expands the definition of qualified staff to include physical therapist assistants, allows for payment of interpreter services and supplies, and makes related minor editing changes.
EFFECTIVE DATE: June 6, 1998
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
TTY (207) 287-1828


AGENCY: 02-392 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 18, Noncontrolled Prescription Drug Administration
ADOPTED RULE NUMBER: 98-253
CONCISE SUMMARY: This chapter lists the type of noncontrolled prescription drugs that a Registered Nurse or Advanced Practice Registered Nurse may carry in their possession.
EFFECTIVE DATE: June 6, 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


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