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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

July 4, 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: 02-383 - Board of Osteopathic Licensure (affiliated with the Department of Professional & Financial Regulation
RULE TITLE OR SUBJECT: Ch. 17, Disruptive Conduct
PROPOSED RULE NUMBER: 2001-P132
CONCISE SUMMARY: The purpose of this rule is to identify those circumstances under which the behavior of a physician or a physician assistant toward a patient or others is considered disruptive to patient care and therefore unprofessional conduct.
Original notice of the proposal was published on May 23, 2001.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2562 & 2581
PUBLIC HEARING: Was held on June 14, 2001, Lower Level Conference Room, Two Bangor Street, Augusta, ME 04330.
DEADLINE FOR COMMENTS: Extended to July 6, 2001 at 12 noon
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor Street, Augusta, ME 04333-0142
TELEPHONE: (207) 287-2480


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #08-01
PROPOSED RULE NUMBER: 2001-P161
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING:
1:30 p.m., Friday, July 20, 2001 Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: July 20, 2001
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station 28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
RULE TITLE OR SUBJECT: Ch. 2, Bylaws Governing the Administration of the Maine Educational Loan Authority
PROPOSED RULE NUMBER: 2001-P162
CONCISE SUMMARY: This rule establishes the bylaws that govern the administration of the Maine Educational Loan Authority, including procedures for the conduct of regular business meetings.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 11417(l)(N)
PUBLIC HEARING: Wednesday, July 25, 2001, 9: 00 - 11: 00 a.m. Maine Principals Association Conference and Meeting Center, 50 Industrial Drive, Augusta, ME
DEADLINE FOR COMMENTS: Monday, August 6, 2001
AGENCY CONTACT PERSON: Walter Moulton, Executive Director
AGENCY NAME: Maine Educational Loan Authority
ADDRESS: One City Center, Eleventh Floor, Portland, ME 04101
TELEPHONE: (207) 791-3600


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 318, Amendment 2 (non-emergency), Wells and Plymouth Waste Oil Clean-up Program
PROPOSED RULE NUMBER: 2001-P163
CONCISE SUMMARY: The amendment is necessary to address changes to the law governing the program as set forth in PL 2001, chapter 356. The amendment makes changes to the portion of the rule that provides for loans to potentially responsible parties at the Portland-Bangor Waste Oil Services Site in Plymouth, Maine. The amendment expands the types of costs which can be financed with the loans, modifies the eligibility requirements, defers payment on all new loans to the time when a Record of Decision is issued for the Site, and makes all loans interest free.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14); 10 MRSA 1023-L; 10 MRSA 1023-M.
PUBLIC HEARING: None scheduled unless requested by five (5) interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before August 6, 2001.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 2000-566
CONCISE SUMMARY: The July 1, 2001 effective date of Section 74, Assisted Living Services Programs of the Bureau of Elder and Adult Services Policy Manual, has been changed to April 1, 2002. This postponement is the result of an agreement between the Bureau of Elder and Adult Services and the Legislative Joint Standing Committee on Health and Human Services. No changes have been made to the rule itself since it was originally adopted.
EFFECTIVE DATE: July 1, 2001
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5335
TOLL FREE: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925


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 22, Home and Community Based Waiver Services for the Physically Disabled
ADOPTED RULE NUMBER: 2001-221
CONCISE SUMMARY: This adopted rule replaces the previous rule by the same rule name and number. Rule changes include, but are not limited to, increases in rates for personal care attendants as authorized by the legislature, clarification of the maximum number of hours an attendant may work, creation of a billing code for 1/2 hour of attendant services to be used when the full hour is not required, and specification of additional administrative responsibilities for the provider. This rule allows the use of Personal Emergency Response Systems.

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 12, Consumer Directed Attendant Services
ADOPTED RULE NUMBER: 2001-222
CONCISE SUMMARY: This adopted rule replaces the previous rule by the same rule name and number. Rule changes include, but are not limited to, increases in rates for personal care attendants as authorized by the legislature, clarification of the maximum number of hours an attendant may work, creation of a billing code for 1/2 hour of attendant services to be used when the full hour is not required, and specification of additional administrative responsibilities for the provider.

EFFECTIVE DATE: July 1, 2001
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5516
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 02-383 - Maine Board of Osteopathic Licensure (affiliated with the Department of Professional & Financial Regulation)
CHAPTER NUMBER AND TITLE: Ch. 16, Prescribing & Treatment for Self/Family Members
ADOPTED RULE NUMBER: 2001-223
CONCISE SUMMARY: Ordinarily, physicians should not treat themselves or their immediate family members. However, there are times when it is necessary and/or appropriate for a physician to do so. This rule acknowledges that reality and defines situations in which that care would be appropriate. Since physician assistants must provide medical treatment under the direction of a physician, except in cases of emergency, they may not independently treat self or immediate family members.
EFFECTIVE DATE: June 27, 2001
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Maine Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor Street, Augusta, ME 04333-0142
TELEPHONE: (207) 287-2480


AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 286, Maine WIC Program Rules
ADOPTED RULE NUMBER: 2001-224
CONCISE SUMMARY: Revision to the Maine WIC Program Rules to include changes in Federal Regulations applying to the WIC food delivery system and WIC certification. The rules describe the procedures and standards for WIC participants, local grantee agencies and WIC authorized vendors.
EFFECTIVE DATE: June 27, 2001
AGENCY CONTACT PERSON: Mary Owen
AGENCY NAME: Department of Human Services, Maine WIC Program
ADDRESS: 11 State House Station, 331 Water Street, Augusta, Maine 04333
TELEPHONE: (207) 287-3991


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