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Weekly Rulemaking Notices Contact Us Find It

March 17, 2004
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: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 702, Rules for the Low Income Spay/Neuter Program
PROPOSED RULE NUMBER: 2004-P63
CONCISE SUMMARY: This chapter establishes and implements a low-income spay/neuter program for dogs and cats owned by the citizens of Maine who meet certain minimum income requirements.
STATUTORY AUTHORITY: 7 MRSA 3906-B(13)
PUBLIC HEARING: April 9, 2004, 9:00 a.m., AMHI Complex, Deering Building - Room 319, Augusta, ME
RULE TITLE OR SUBJECT: Ch. 703, Rules for the Care and Treatment of Elephants
PROPOSED RULE NUMBER: 2004-P64
CONCISE SUMMARY: This chapter establishes minimum requirements for the care and treatment of elephants in the State of Maine. These rules reflect the standards of the Animal and Plant Health Inspection Service of the United States Department of Agriculture on the Care and treatment of animals.
STATUTORY AUTHORITY: S.P. 109 - L.D. 327, Resolve Requiring the Department of Agriculture, Food, and Rural Resources to adopt rules regarding care and treatment of elephants.
PUBLIC HEARING: April 9, 2004, 10:30 a.m., AMHI Complex, Deering Building - Room 319, Augusta, ME
RULE TITLE OR SUBJECT: Ch. 721, Rules for the Permanent Identification of Wolf Hybrids
PROPOSED RULE NUMBER: 2004-P65
CONCISE SUMMARY: This chapter establishes and implements rules for the permanent identification of wolf hybrids using various forms of technology, including microchips or tattoos.
STATUTORY AUTHORITY: 7 MRSA 3921-A
PUBLIC HEARING: April 9, 2004, 10:00 a.m., AMHI Complex, Deering Building - Room 319, Augusta, ME
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
Copies of these rules are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and be provided an opportunity for comment. Any party interested in providing public comment can provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
DEADLINE FOR COMMENTS: April 23, 2004
AGENCY CONTACT PERSON: Norma J. Worley
AGENCY NAME: Department of Agriculture, Food, and Rural Resources
AGENCY ADDRESS: 28 State House Station, Augusta, ME 04330-0028
TELEPHONE: (207) 287-3846


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Eating and Lodging Program
RULE TITLE OR SUBJECT: Ch. 201, Rules Relating To The Administration and Enforcement of Establishments Licensed By The Eating and Lodging Program
PROPOSED RULE NUMBER: 2004-P66
CONCISE SUMMARY: These proposed Rules are essentially what remained after the Lodging rules (now CMR 206) and the Food Code (now CMR 200) were pulled out of what used to be called the Eating and Lodging Rules (CMR 201). The Department of Human Services has clarified the enforcement portion of remaining rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2491-2501
PUBLIC HEARING: Friday, April 9, 2004, Pine Tree State Arboretum, 9:00 a.m.
DEADLINE FOR COMMENTS: April 21, 2004
AGENCY CONTACT PERSON:
NAME: Rebecca Vigue, Director, Eating and Lodging Program
ADDRESS: Division of Health Engineering, 161 Capitol Street, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-1978
TTY: (207) 287-2070


AGENCY: 10-144 - Department of Human Services, Bureau of Health, WIC Program
RULE TITLE OR SUBJECT: Ch. 286, Maine WIC Program Rules
PROPOSED RULE NUMBER: 2004-P67
CONCISE SUMMARY: Revision to the Maine WIC Program Rules to reflect modifications in the administration of the Program. The rules describe the procedures and standards for WIC participants, local grantee agencies and WIC authorized vendors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42 and 1951
PUBLIC HEARING: April 7, 2004, 9-11 a.m., Burton M. Cross Building, Room 600, Capitol Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: April 19, 2004
AGENCY CONTACT PERSON: Mary Owen
AGENCY NAME: Maine WIC Program
ADDRESS: State House Station 11, Key Plaza, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3991


AGENCY: 02-322 - State Board of Registration for Professional Engineers
RULE TITLE OR SUBJECT: Revise Ch. 1, 2, 3 of the Rules of the State Board of Registration for Professional Engineers.
PROPOSED RULE NUMBER: 2004-P68
CONCISE SUMMARY: This proposed rule amends Section 12 of Ch. 2, Expiration and Renewals, by adding Professional Developments Hours (PDH) mandated by recently enacted statutes. In addition, in order to maintain adequate funding for the Board, the proposed rule change also increases fees for registrations, applications and renewals due to an expected reduction in the number of registered engineers. The rule change also makes numerous grammatical changes to wording throughout Ch. 1, 2, 3.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 1306 (2)
PUBLIC HEARING: April 7, 2004 at 7:00 p.m., Conference Room, Maine Department of Transportation, Child Street, Augusta, ME 04333
DEADLINE FOR COMMENTS: April 17, 2004
AGENCY CONTACT PERSON: John K. Butts, Secretary
AGENCY NAME: State Board of Registration for Professional Engineers
ADDRESS: 92 State House Station, Augusta, ME 04333-0092
TELEPHONE: (207) 287-3236


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 119, Regulations Governing the Licensing and Functioning of Home Health Care Services, Ch. 2.D.4.b., Ch. 7. D.4. and 5., Health Care Services, Ch. 7.E.1. and 2., Plan of Care, and Ch. 7.I., Behavioral Services (Community Support Services)
PROPOSED RULE NUMBER: 2004-P69
CONCISE SUMMARY: The proposed regulatory changes to the Regulations Governing the Licensing and Functioning of Home Health Care Services are as follows:
* Ch. 2.D.4.b., deletes the thirty (30) day requirement to notify the Division of Program Analysis and Development when a transfer of ownership occurs.
* Ch. 7.D.4. changes the word "connotation" to "consultation".
* Ch. 7.D.5. would permit the physical therapist to conduct the home health aide supervisory visit in therapy-only cases.
* Ch. 7.E.1. and 2. specifies that visit ranges cannot begin with zero (0).
* Ch. 7.1. clarifies that only those agencies who provide community support services are required .to meet the regulations stated in Ch. 7.1., Behavioral Services. This chapter also changes the name of the Department of Mental Health, Mental Retardation and Office of Substance Abuse to the Department of Behavioral and Developmental Services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 2141-2148, 7931 et seq.
DATE(S)/PLACE(S) OF HEARING(S): None scheduled unless requested by five (5) or more individuals.
DEADLINE FOR COMMENTS: April 16, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Dr., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
TTY: (207) 287-9312 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II Section 60, Medical Supplies and Durable Medical Equipment
PROPOSED RULE NUMBER: 2004-P70
CONCISE SUMMARY: This proposed rule continues changes already put in place through emergency rulemaking. This proposed rule does away with the requirement that rates of reimbursement for oxygen supplies and equipment be linked to Medicare established rates. This change enables the Department to reduce the rates for codes E0424, E0439 and E1390 from $230.17 per month to $195.00 and codes E0431 and E0434 from $36.19 to $31.00.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: April 5, 2004
Time: 9 a.m.
Location: Conference Room 2, Department of Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: April 15, 2004
AGENCY CONTACT PERSON: Greg Nadeau
AGENCY: Bureau of Medical Services, Division of Policy and Provider Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011 TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 104 Section 2, Drugs for the Elderly Benefit (DEL)
PROPOSED RULE NUMBER: 2004-P71
CONCISE SUMMARY: These rules permanently adopt an emergency rule regarding the DEL benefit. The emergency rule, filed February 3, 2004, set reimbursement to pharmacy providers at the lowest of 1) the usual and customary charge; or 2) AWP minus 15% (plus a $2.35 professional fee), or 3) the Maine maximum allowable cost (plus a $2.35 professional fee). Previous to the adoption of this emergency rule, the second of the three preceding options was "AWP minus 14%, plus a $2.35 professional fee."
The Department additionally proposes to add mail order pharmacy coverage for the DEL benefit, which will create substantial savings for the Department and continue the savings for DEL participants. These cost savings measures are necessary since the funding available to the Department will soon be inadequate to meet various expenditures of the DEL benefit. Maine statute requires that DEL expenditures not exceed appropriations. Mail order pharmacies will supply generic drugs at AWP minus 60% plus $1, and brand name drugs at AWP minus 20% plus $1. DEL participants will receive the benefit of these cost savings measures, and will, also have enhanced access for prescription drugs when they voluntarily choose to receive their prescriptions through mail order in 90-day supplies. When using mail order pharmacies, DEL participants will receive 90-day supplies of their prescription drugs, and will pay 20% plus 1$ of the reimbursement amount for each prescription filled under the Basic benefit.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8052; 22 MRSA 254
PUBLIC HEARING:
Date: April 7, 2004, 1:00 p.m.
Location: Department of Human Services
Conference Room, 442 Civic Center Drive, Augusta, Maine 04333
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before March 31, 2004.
DEADLINE FOR COMMENTS: April 17, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 14-472 - Department of Behavioral and Developmental Services
RULE TITLE OR SUBJECT: Ch. 5, Eligibility Requirements for Intensive, Temporary, Out-of-Home Treatment Services
PROPOSED RULE NUMBER: 2004-P72
CONCISE SUMMARY: This rule establishes the eligibility requirements and protocol for access to the residential treatment service authorized by BDS for Maine youth.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 1203, 6203(B)
PUBLIC HEARING: April 5, 2004 @ 1:00 p.m. in Room 1A, Marquardt Bldg., AMHI Campus, Augusta, ME 04333
DEADLINE FOR COMMENTS: April 15, 2004
AGENCY CONTACT PERSON: Marie Hodgdon
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-3774 (V)
TTY: (207) 287-2000


AGENCY: 01-017 - Maine State Harness Racing Commission
RULE TITLE OR SUBJECT: Ch. 11, Medication and Testing: Section 1, General Provisions; Section 3, Alkalinizing Agents
PROPOSED RULE NUMBER: 2004-P73
CONCISE SUMMARY: Section 1 proposed change clarifies which test sample is referred to in this section which deals with collection and testing of urine samples. The Commission has adopted a new testing program for analyzing blood gas levels. This section needs to be changed to reflect the standards this new testing program has established. Also, the new program records the Total Carbon Dioxide levels rather than reporting the Bicarbonate levels found in the blood.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA 263-A, 268, 275-C, 279-A&B.
PUBLIC HEARING. None. Thirty day written comment period following date of appearing in the daily newspapers.
DEADLINE FOR COMMENTS: Close of business on April 16, 2004.
AGENCY CONTACT PERSON: Henry W. Jackson
AGENCY NAME: Maine State Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE; (207) 287-3221


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2004-80
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule closing to all fishing that portion of the Narraguagus River from the ice control dam to the railroad bridge in the Town of Cherryfield, except from May 1 to June 10 a portion of river between two sets of red posts (at 100 feet and 450 feet below the ice control dam) is open to fly fishing. Closing the area will significantly reduce the incidental capture of adult Atlantic salmon.
The adopted regulation reads as follows: Narraguagus River. Closed to all fishing from the ice control dam to the. railroad bridge in the town of Cherryfield, except from May 1 to June 10 a portion of river between two sets of red posts (at 100 feet below and 450 feet below the ice control dam) is open to fly fishing.
EFFECTIVE DATE: April 1, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201


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