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October 13, 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/rules/.


PROPOSALS

AGENCY: 07-102 - Governor's Office
CHAPTER NUMBER AND TITLE: Ch. 101, Establishment of the Capital Investment Fund
PROPOSED RULE NUMBER: 2004-P139 (2nd publication)
CONCISE SUMMARY: This proposed rule establishes the process to be used in determining the Capital Investment Fund each year. The Capital Investment Fund sets a limit on the level of resources allocated each year under Maine's Certificate of Need Program. Ch. 101 as proposed has been changed substantially in response to comments received during the rulemaking process. The change that has caused the re-posting of the proposed rule relates to a decision to allow unallocated portions of the Capital Investment Fund to lapse as opposed to rolling over to the following year; see Section 6 of the proposed rule. The amended proposed rule, therefore, is being put out for an additional 30-day Notice. Although this chapter was subsequently adopted on an emergency basis, the regular, non-emergency rulemaking process is continued as required by the Administrative Procedure Act. The language of the amended proposed rule is identical to the rule adopted on an emergency basis. Only those comments related to the substantive change that is the subject of this Notice will be considered.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 2 MRSA c. 5, 101, l paragraph (D); 102
PUBLIC HEARING: not applicable
DEADLINE FOR COMMENTS: November 12, 2004
AGENCY CONTACT PERSON: Ellen Jane Schneiter
AGENCY: Governor's Office of Health Policy & Development, 15 State House Station, Augusta, ME 04333-0015
TELEPHONE: (207) 624-7442
FAX: (207) 624-7806
TTY: (207) 287-6548


AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2004-P287
CONCISE SUMMARY: The proposed rule adjusts fees for seven of the 40 licensing boards and regulatory functions administered by the Office of Licensing and Registration ("OLR"). The affected programs are:
* Maine State Board for Licensure of Architects, Landscape Architects and Interior Designers
* Board of Barbering and Cosmetology
* Charitable Solicitations regulatory function
* Massage Therapists regulatory function
* Oil and Solid Fuel Board
* Board of Pharmacy
* Real Estate Commission
The proposed rule amendment decreases application fees for architects and landscape architects, and changes the license cycle from biennial to annual for certified interior designers. For the Board of Barbering and Cosmetology, the amendment decreases most categories of application and license fees. The amendment decreases the application and registration fee for charitable organizations and eliminates the financial report filing fee. The amendment decreases license fees for massage therapists and for master, journeyman and apprentice oil and solid fuel technicians. The amendment increases license fees for pharmacists and pharmacy technicians. For the Real Estate Commission, the amendment decreases all categories of license fees and decreases many other fees.
The proposed rule amendment also establishes a standard photocopy fee for the office, and notes that fees will be charged for licensee register lists or diskettes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY 10 MRSA 8003(2-A)(D) and (E)
PUBLIC HEARING): 9:30 a.m., November 1, 2004, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: November 12, 2004
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 2, Aquaculture Lease Regulations
PROPOSED RULE NUMBER: 2004-P288
CONCISE SUMMARY: The Department of Marine Resources proposes amendments to Ch. 2 Aquaculture Lease Regulations for compliance and consistency with recommendations by the Governor's Task Force on the Planning and Development of Marine Aquaculture in Maine and with legislative changes, which became effective July 30, 2004 and September 13, 2003. The amendments would add a definition and rules for fallowing of lease sites; increase acreages from 250 to 300 acres, and allowing up to 500 acres when fallowing exceptions are applied; update preapplication and scoping session requirements; require at least one corner geodetic coordinate in new applications; add additional habitat, government and conserved lands descriptions to decision criteria; require notices to harbormasters/town officials when lease conditions requested by them are not incorporated into lease decisions; add references to the recently updated shellfish sanitation rules for compliance with the federal rules; and would allow new experimental lease holders to opt to have their lease term begin on any date within 12 months of the decision date. The amendments also include renumbering, grammar and punctuation corrections.
STATUTORY AUTHORITY: 12 MRSA 6072 and 6072-A
RULE TITLE OR SUBJECT: Ch. 2, Fee increases in sections:
2.10, Application Requirements for Standard Leases
2.43, Lease Rental Fee
2.45, Lease Renewal
2.60, Lease Transfer
PROPOSED RULE NUMBER: 2004-P289
CONCISE SUMMARY: In accordance with recommendations by the Governor's Task Force on the Planning and Development of Marine Aquaculture in Maine and Legislative changes effective July 30, 2004 the Department proposes to amend and update the aquaculture fees. The application fee and renewal fee for standard leases would be $1,500 or $2,000; rental fee $100 per acre per year; and an application for transfer fee would be $2,500 or $5,000. The lower fees apply to non-discharge type leases and the higher fees apply to discharge type leases.
STATUTORY AUTHORITY: 12 MRSA 6072
RULE TITLE OR SUBJECT: Major Substantive Rulemaking: Ch. 2.37(l)(A)(8-10), Decision Standards - Lighting, Noise and Visual Impact
PROPOSED RULE NUMBER: 2004-P290
CONCISE SUMMARY: In accordance with recommendations by the Governor's Task Force on the Planning and Development of Marine Aquaculture in Maine and Legislative changes effective July 30, 2004 the Department proposes lease decision standards for lighting, noise and visual impact. Height limitations would be grandfathered for structures in place or under construction at the time the rulemaking would become effective.
STATUTORY AUTHORITY: 12 MRSA 6072(7-A)(G&H)
RULE TITLE OR SUBJECT: Ch. 2.90, Limited-purpose aquaculture (LPA) license
PROPOSED RULE NUMBER: 2004-P291
CONCISE SUMMARY: The Department proposes to amend regulations for limited-purpose aquaculture licenses to clarify that: no more than 4 licenses per individual are allowed by statute at any time, written decisions are required, site information on fishing and other uses must be provided in applications, non-notification to a town by DMR does not invalidate a license, compliance with updated shellfish sanitation and biotoxins monitoring regulations, renumbering and grammar corrections. The amendments would also update renewal procedures and provide clarification that license issuance is not based solely on a harbormaster's or town officer's opinion.
STATUTORY AUTHORITY: 12 MRSA 6072-C and 6856(4)
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARINGS:
Monday, November 1, 2004, 6:00 p.m., Lincoln County Communications Center Conference Room, Route 1 (lower entrance behind the courthouse), Wiscasset
Wednesday, November 3, 2004, 6:00 p.m., Ellsworth Middle School, 20 Forest Avenue, Ellsworth
Thursday, November 4, 2004, 6:00 p.m., Marine Trades Center (Multi-purpose Room), Deep Cove Road, Eastport
*Public hearings for four separate rulemakings in Ch. 2 will be held each night with each hearing to start immediately upon the conclusion of the previous rulemaking hearing. The hearing order and names of the four rulemakings are Ch. 2.00 - Fees, Ch. 2.90 Limited-Purpose License, Ch. 2.37, Major Substantive rules for Lights, Noise and Visual Impacts, and Ch. 2.00 - Aquaculture Lease Regulations. Electronic copies with the entire proposed text may be obtained from the web site listed below; copies will be available at the hearings; or to request hard copies to be mailed please use the contact information below.
DEADLINE FOR COMMENTS: Monday, November 15, 2004
AGENCY CONTACT PERSON: Samantha Horn-Olsen (tel: 624-6550) or
Laurice Churchill (tel: 633-9584)
Mail Written Comments to: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking/
TELEPHONE: (207) 624-6550 or 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
HEARING FACILITIES: If you require accommodations due to disability, please contact Kim Pierce, at (207) 624-6567.


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual, Ch. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2004-P292
CONCISE SUMMARY: This rule proposes to modify reimbursement by capping increases in prospective interim payments (PIP); allowing PIP adjustments to reflect substantial changes in claims payments; calculating the inpatient discharge rate for acute care non-critical access hospitals by 1) determining a cost per discharge based on Medicaid cost reports for the hospital's fiscal year ending between October 1, 1998 and September 30, 1999, 2) inflating this cost per discharge to State fiscal year 2004, and 3), adjusting this rate down by a factor between .5 and .3 percent; allowing the negotiated rate for private psychiatric hospitals to be between 85 and 100% of charges; and clarifying information related to swing bed reimbursement and disproportionate share payments.
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:
Date: November 1, 2004. Time: 9 a.m.
Location: Room 3, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: November 12, 2004
AGENCY CONTACT PERSON: Greg Nadeau
AGENCY: Bureau of Medical Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: 1 (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. 119, Regulations Governing the Licensing and Functioning of Home Health Care Services in the State of Maine, Ch. 3.B.6. and Ch. 3.B.7., Loss of, Renewal, Provisional and Conditional Licenses; Ch. 6.C., Qualifications for Home Health Paraprofessional Personnel; Ch. 7.D.4. and 7.F.1., Services.
PROPOSED RULE NUMBER: 2004-P293
CONCISE SUMMARY The proposed regulatory changes to the Regulations Governing the Licensing and Functioning of Home Health Care Services in the State of Maine are as follows:
Ch. 3.13.6. changes the basis for compliance by monitoring by the Department from annual to biennial as required by statute.
Ch. 3.13.7. changes the frequency of licensing surveys from annual to biennial consistent with statute and lists the conditions when State licensure surveys must be performed annually. It also changes the word "inspection" and "inspect" to "licensing survey" and "survey," as appropriate.
Ch. 6.C. requires the Home Health agency to obtain criminal history information prior to hiring a Certified Nursing Assistant or Home Health Aide and prohibits the employment of individuals who have been found by the State Survey Agency to have abused, neglected or have misappropriated the property of an individual, corporation or entity in a health care setting and have been annotated on the Maine Registry of Certified Nursing Assistants. In addition, the proposed changes prohibit the employment of individuals who have been convicted of a crime, which involved abuse, neglect or misappropriation of property of an individual, corporation or entity in a health care setting, and identifies the conditions, which prohibit the employment of individuals who have a prior criminal conviction within the last ten (10) years.
Ch. 7.D.4. clarifies the language regarding the frequency and type of supervisory visits made by the Registered Professional Nurse for Home Health Aides and Certified Nursing Assistants.
Ch. 71.1 provides consistency with Federal regulations by permitting the use of a physician's rubber stamp signature for clinical record documentation and states the required conditions for use of the rubber stamp signature.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22, MRSA Sections 2144, 2145
DATE(S)/PLACE(S) OF HEARING(S): November 3, 2004 at 1:30 p.m., Conference Room 1A/1B, Bureau of Medical Services, 442 Civic Center Dr., 11 State House Station, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: November 13, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification, 442 Civic Center Drive, 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 Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 21, Home and Community-Based Waiver Services for Persons with Mental Retardation (to be renamed, Home and Community Benefits for Members with Mental Retardation)
ADOPTED RULE NUMBER: 2004-P294
CONCISE SUMMARY: Revisions to Ch. II of this rule include the addition of a priority system for screening new admissions to this benefit, clarification of the limits of covered services so that they are more consistent with underlying federal standards, allowance for flexibility in the location of day habilitation services depending on the member's health and ability to travel to day habilitation sites, clarification on how the cost of transportation to habilitation services is to be paid, addition of standards on leaves of absences and benefit terminations, streamlining of the eligibility procedure for this benefit, additional therapies, additional record-keeping requirements for providers of certain in-home services, other minor wording changes, and a major reformatting of this rule. Revisions to Ch. III of this rule will update the fee schedule and convert the billing codes to HIPAA-compliant codes.
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: November 2, 2004. Time: 1:00 p.m.
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before October 26, 2004.
Location: Conference Room 1A, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011
COMMENT DEADLINE: November 12, 2004
AGENCY CONTACT PERSON: Robert E. Gross, Comprehensive Health Planner
AGENCY: Bureau of Medical Services, 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/Hard of Hearing)


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities, Ch. 1, 4, 8, 9, and 17.
ADOPTED RULE NUMBER: 2004-430
CONCISE SUMMARY: Ch. 1 was revised to define paid feeding assistants. Ch. 8 requires nursing facilities to maintain records of staff who have completed a State approved feeding assistant program. Ch. 9 requires feeding assistants to be under the supervision of a licensed nurse.
In addition, Ch. 4 was revised to comply with Sec. 1.22 MRSA 1812-H sub 2-B, which will allow a nursing facility to decline admission of a prospective resident after a facility determines that it cannot meet the resident's needs.
Finally, the language in Ch. 17.E.3 has been eliminated. Nursing facilities do not need to have a registered professional nurse conduct medication reviews, because a licensed pharmacist must also conduct medication reviews of all residents. Federal rules require the drug regimen of each resident be reviewed at least once a month by a licensed pharmacist; therefore, this duplicative function can be reduced to one discipline performing the reviews.
EFFECTIVE DATE: October 15, 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
TELEPHONE: (207) 287-9300
TTY: (207) 287-9312 (Deaf/Hard of Hearing)
FAX: (207) 287-9304


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.95(l)(B)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
ADOPTED RULE NUMBER: 2004-431
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area, 180 day 2004 - 2005 open lobster fishing season, will begin December 1, 2004 and end May 29, 2005. This regulation conforms to 12 MRSA 6472.
EFFECTIVE DATE: October 4, 2004
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking/
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 203, Rules Relating to the Sale and Delivery of Tobacco Products in Maine
ADOPTED RULE NUMBER: 2004-432
CONCISE SUMMARY: These rules are being proposed to partially amend existing Rules for the Retail Sale of Tobacco and to address recent statutory changes which govern the retail sale and delivery of tobacco products in the State of Maine.
EFFECTIVE DATE: October 5, 2004
AGENCY CONTACT PERSON: Rebecca Vigue
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 11, Augusta ME 04333
TELEPHONE: (207) 287-1978


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