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August 4, 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: 94-591 - Motor Carrier Review Board
RULE TITLE OR SUBJECT: Ch. 2, Selection and Review Process
PROPOSED RULE NUMBER: 2004-P227
CONCISE SUMMARY: This chapter establishes the carrier selection process and standards for review. The chapter also enacts definitions used throughout the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 1995 c.376; 29-A MRSA 562
PUBLIC HEARING: August 23, 2004, 9 a.m., Main Conference Room, Bureau of Motor Vehicles, 101 Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 2, 2004
AGENCY CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, Maine 04333-0029.
TELEPHONE: (207) 624-9055


AGENCY: 10-148 - Department of Health and Human Services, Community Services Center
RULE TITLE OR SUBJECT: Ch. 18, Rules for the Licensure of Private Non-Medical Institutions - Residential Child Care Facilities
PROPOSED RULE NUMBER: 2004-P228
CONCISE SUMMARY: The proposed rules establish standards for the safe operation of Private Non-Medical Institutions - Residential Child Care Facilities. This includes rules regarding licensing requirements and procedures, record keeping, staffing requirements, staff training and qualifications and environmental safety.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY Title 5 MRSA Ch. 375, 8001 et seq., Title 22, Ch. 1669, 8101, 8104
PUBLIC HEARING: August 27, 2004, 1:00 p.m. to 4:00 p.m., .Augusta Civic Center, Kennebec Room, Civic Center Drive, Augusta, Maine
DEADLINE FOR COMMENTS: September 10, 2004
AGENCY CONTACT PERSON: Conrad Thibault
AGENCY NAME: Community Services Center
ADDRESS: 221 State Street, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 287-5060
TTD: (207) 287-5048


AGENCY: 10-148 - Department of Health and Human Services, Community Services Center
RULE TITLE OR SUBJECT: Ch. 19, Rules for the Licensing of Private Non-Medical Institutions - Child Placing Agencies with and without Adoption Programs
PROPOSED RULE NUMBER: 2004-P229
CONCISE SUMMARY: The proposed rules establish standards for the safe operation of Private Non-Medical Institutions - Child Placing Agencies with and without Adoption Programs. This includes rules regarding licensing requirements and procedures, record keeping, staffing requirements, staff training, requirements for adoptive applicants, services for pre-adoptive children and parents, environmental safety and home certification process for the purpose of legal risk adoption.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY Title 5 Ch. 375, 8001 et seq., Title 22 Ch. 1671, 8201 et seq.
PUBLIC HEARING: August 27, 2004, 1:00 p.m. to 4:00 p.m., Augusta Civic Center, Kennebec Room, Civic Center Drive, Augusta, Maine
DEADLINE FOR COMMENTS: September 10, 2004
AGENCY CONTACT PERSON: Conrad Thibault
AGENCY NAME: Community Services Center
ADDRESS: 221 State Street, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 287-5060
TTD: (207) 287-5048


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 203, Rules Relating to the Retail Sale of Tobacco
PROPOSED RULE NUMBER: 2004-P230
CONCISE SUMMARY: These rules are being proposed to partially amend existing Rules for the Retail Sale of Tobacco to address recent statutory changes which govern the retail sale and delivery of tobacco products in the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 155l et seq., 22 MRSA 42 sub-1, 22 MRSA 1555-B, 1555-C & 1555-D
PUBLIC HEARING: 9:00 a.m.-Noon, August 23, 2004, Pine Tree State Arboretum, Augusta, Maine 04330
DEADLINE FOR COMMENTS: September 2, 2004
AGENCY CONTACT PERSON:
NAME: Rebecca Vigue
ADDRESS: Division of Health Engineering, 11 State House Station, Augusta ME 04333
PHONE: (207) 287-1978


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 15, Chiropractic Services
PROPOSED RULE NUMBER: 2004-P231
CONCISE SUMMARY: Rehabilitation potential, endorsed by a physician, will be required in order for adults to receive chiropractic services.
See http://www.maine.gov/bms/ProposedRuleMaking.htm for rules and related rule-making documents.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173 and 3174-FF
PUBLIC HEARING:
Date: August 25, 2004
Time: 1:00 p.m.
Location: Conference Room: 3, Department of Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 20, 2004
DEADLINE FOR COMMENTS: September 7, 2004
AGENCY CONTACT PERSON: Robert E. Gross
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9366
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 .(Deaf or Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 19, Operation of Motor Vehicles on a Public Water supply
PROPOSED RULE NUMBER: 2004-P232
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following regulation:
No motor vehicle, as defined in 29 MRSA (does not include snowmobiles and all-terrain vehicles) permitted on ice on the following water:
D. Halls Pond, Paris, Oxford County

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035, 22 MRSA 2649
PUBLIC HEARING: August 25, 2004 @ Oxford Hills High School, 256 Main Street, South Paris - 6:30 p.m.
DEADLINE FOR COMMENTS: September 7, 2004
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #09-04
PROPOSED RULE NUMBER: 2004-P233
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #I 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, August 20, 2004, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: August 20, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 1, Commission on Governmental Ethics and Election Practices - Procedures
PROPOSED RULE NUMBER: 2004-P234
The proposed change would amend Ch. 1, Section 8(3)(B).
CONCISE SUMMARY: The proposed rule would require the reporting of independent expenditures over $250 per candidate within 24 hours of the making of the expenditure, rather than the current requirement of within 48 hours. The purpose of the proposed amendment is to promote the prompter payment of Maine Clean Election Act funds to eligible candidates close to an election. The proposed rule amendment also would make the Commission Rules consistent with similar provisions in the Election Law that were amended by the Legislature in Ch. 628 of the Public Laws of 2003 (L.D. 1728). A copy of the proposed rule amendment is available by calling the Commission at (207) 287-4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA 1003(1); 2 1 -A MRSA 1126
PUBLIC HEARING: No public hearing will be held on this rule-making.
DEADLINE FOR COMMENTS: 5:00 p.m. on September 3, 2004
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director
AGENCY NAME: Commission on Governmental Ethics and Election Practices
ADDRESS: 135 State House Station, Augusta, ME 04333-0135
TELEPHONE: (207) 287-4179


AGENCY: 10-144 - Department of Health and Human Services (DHHS). Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 102, Rehabilitative Services
PROPOSED RULE NUMBER: 2004-P235
CONCISE SUMMARY: PL 2004 c. 673, Sec. MMM provides for the restructuring of benefits for Rehabilitative Services for people with brain injury to achieve $1.5 Million savings for the General Fund for SFY 05. This rule proposes to add several new definitions; revise the medical eligibility requirements and establish three levels of care; require classification of each member; specify limits for each level of care; specify utilization review (UR) requirements and allows an Authorized Agent to be used to conduct UR. Requirements are added to avoid the duplication of services. Ch. III proposes new procedure codes and restructured rates. This rule proposes to update procedures for provisional accreditation in Appendix #1 and transfer responsibility for this process to DHHS. Appendix # 2 "Levels of Functioning" will be deleted.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: August 24, 2004, 1:00 p.m., Room #1 A, Bureau of Medical Services, DHS, 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through September 3, 2004.
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY NAME: Policy and Provider Services, Bureau of Medical Services
ADDRESS; 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360 or 1 (800) 321-5557 option 9
DEAF/HARD OF HEARING TTY#: (207) 287-1828 or TTY# 1 (800) 423-4331


ADOPTIONS

AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 12, Rules Governing the Sale of Records and Databases Related to Driver History, Driver Licenses and Motor Vehicles.
ADOPTED RULE NUMBER: 2004-296
CONCISE SUMMARY These rules outline the process by which requests for motor vehicle records must be made and the fees charged for records and databases.
EFFECTIVE DATE: September 1, 2004
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9092


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensing of General and Specialty Hospitals in the State of Maine
ADOPTED RULE NUMBER: 2004-297
CONCISE SUMMARY The final changes to
the Medical Staff and Allied Health Staff, Ch. IX, and the Critical Access Hospital, Ch. XXII., more clearly define the staff categories as reflective of the change in the title, and organizes the chapter into three (3) distinct areas addressing organization and structure, membership and privileges, and quality improvement. These changes eliminate duplication and promote organization of the regulations into clearly identified areas, identify the appointment/reappointment and privileging requirements and timeframes, and address the quality improvement responsibilities of the Medical Staff.
The final changes to Ch. XIII., Pharmacy, and Ch. XXII.H., Critical Access Hospital-Pharmacy, organize the regulations into clearly identified areas of Personnel, Physical Facilities, Policies and Procedures, Pharmaceutical Preparation, Dispensing and Medication Order Review, Automation, and Quality Improvement. The reformatting of the regulations into these areas eliminates duplication and more clearly addresses the responsibilities while emphasizing error reduction and safety.
Ch. XXIII.C.1.d.(1)(b) and (c), Psychiatric Unit-Special Medical Record Requirements, is included because these two (2) areas further defining the progress notes were inadvertently removed in the printing of previous regulations, and are simply being reinstated.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE August 1, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011 TELEPHONE: (207) 287-9300
TTY: (207) 287-9312 (Deaf/Hard of Hearing)
FAX: (207) 287-9304


AGENCY: 18-364 - State Liquor & Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Powerball
ADOPTED RULE NUMBER: 2004-298
CONCISE SUMMARY: This rule establishes procedures for the operation of a multi-jurisdictional lottery in Maine, including any marketing and promotion of lottery games with other jurisdictions. The rule is promulgated pursuant to 8 MRSA 374 and PL 2003, c. 673, Part MM, as codified at 8 MRSA 372 sub.-2 para. 1. The effective date of this rule is July 31, 2004.
Copies of the rule are available by contacting the Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333.
EFFECTIVE DATE: July 31, 2004
AGENCY CONTACT PERSON: Pam Coutts, Director
AGENCY NAME: Bureau of Alcoholic Beverages and Lottery Operations
ADDRESS: 8 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-6756


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Final rule, Ch. 101, MaineCare Benefits Manual: Ch. II Section 13, Targeted Case Management Services
ADOPTED RULE NUMBER: 2004-299
CONCISE SUMMARY: This rule will allow providers with a contract with the Office of Substance Abuse to deliver case management services to substance abusing pregnant and parenting women under Section 13.15, Case Management Services for Pregnant and/or Postpartum Women and/or those at Risk for Inadequate Parenting. These services are currently State funded.
See www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 1, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Bureau of Medical Services, Division of MaineCare Policy and Provider Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Adopted Rule, Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 6, Assisted Living Services
ADOPTED RULE NUMBER: 2004-300
CONCISE SUMMARY: These adopted rules establish assisted living services under the MaineCare Benefits Manual for members who reside in Assisted Living facilities licensed by and under contract with the Department. Members will receive assisted living services including assistance with activities of daily living, incidental household tasks, medication supervision, personal supervision, and care management. Members will be assessed for level of need for assistance using the MDS-ALS assessment tool. The Department will reimburse assisted living facilities for services provided to eligible members based on a resource-adjusted price and program allowance. The Department made several clarifications to Ch. III, and increased the industry price from $39 to $42 in the final rule.
See www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: August 1, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 07-102 - Governor's Office of Health Policy & Finance
CHAPTER NUMBER AND TITLE: Ch. 101, Establishment of the Capital Investment Fund
ADOPTED RULE NUMBER: 2004-301
CONCISE SUMMARY: This emergency rule establishes the process that will be used to determine the amount of the Capital Investment Fund, which is a yearly limitation on the level of monies that may be awarded by the state's Certificate of Need Program for projects required to gain state approval.
EFFECTIVE DATE: July 26, 2004
AGENCY CONTACT PERSON: Ellen Jane Schneiter, Deputy Director
AGENCY NAME: Governor's Office of Health Policy & Finance
ADDRESS: 15 State House Station, Augusta, ME 04333-015
TELEPHONE: (207) 624-7442


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Price - Order #08-04
ADOPTED RULE NUMBER: 2004-302
CONCISE SUMMARY: Minimum August, 2004 Class I price is $17.87 plus $0.26/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in Southern New England for a total of $19.23. Class II minimums set at $14.57 for June, 2004 which includes $0.26/cwt. for Producer Margins. These changes were passed on in minimum. prices.
Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.htm.
EFFECTIVE DATE: August 1, 2004
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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