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November 3, 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: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Board of Pesticides Control Rules:
Amendment to Ch. 10, Definitions and Terms
Amendment to Ch. 22, Standards for Outdoor Application by Powered Equipment
Amendment to Ch. 24, Pesticide Storage Facility Standards/Pesticide Distributors
Amendment to Ch. 32, Certification & Licensing Provisions/Private Applicators
Amendment to Ch. 50, Record Keeping & Reporting Requirements
PROPOSED RULE NUMBER: 2004-P304
CONCISE SUMMARY: The Board is proposing a series of housekeeping amendments to make minor changes to these five chapters as follows: (1) to amend Ch. 10 to incorporate a previously adopted policy clarifying whether a private or commercial applicator's license is needed when crops are grown on rented land; clarify it is illegal for any person to offer free samples of unregistered pesticides; clarify that medical and school staff do not need to be licensed to apply insect repellants to children or patients unable to do it themselves; to add the definition of pesticide and to add other definitions related to the applicator certification plan; (2) to amend Ch. 22 to delete the obsolete organic tolerance reference and change it to the current USDA standard; (3) to amend Ch. 24 to clarify the operation of the standard door and its panic hardware; to incorporate a previously adopted policy prohibiting the storage of pesticides above food or animal feed; to incorporate the Board's policy regarding the format of signs in the self-service area; (4) to amend Ch. 32 to incorporate a longstanding policy that a private applicator must renew his/her license within one year of the expiration date; and (5) to amend Ch. 50 to incorporate a previously adopted policy clarifying that applicators must keep their records current by recording all the required information on the same day the application is performed and to clarify that the records must be maintained at the primary place of business.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8051 et seq., 7 MRSA 601-625 and 22 MRSA 1471-A-X.
PUBLIC HEARING: None scheduled but may be requested by writing to the contact person.
DEADLINE FOR COMMENTS: 4:00 p.m. on Monday, December 6, 2004
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 624-5003
EMAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/laws/rulemaking.htm


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #12-04
PROPOSED RULE NUMBER: 2004-P305
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, November 19, 2004, Room 233, Department of Agriculture Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
November 19, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-174 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Boilers and Pressure Vessels
RULE TITLE OR SUBJECT:
Repeal and Replace Ch. 1, Definitions
New Ch. 2, Variances
New Ch. 3, Board Meetings
New Ch. 4, Advisory Rulings
New Ch. 11, National Codes Applicable to Boilers and Pressure Vessels
New Ch. 12, Power Boilers
New Ch. 13, Low Pressure Boilers
New Ch. 14, Pressure Vessels
New Ch. 15, Repairs and Alterations
New Ch. 21, Duties and Responsibilities of All Owners of Boilers and Pressure Vessels
New Ch. 31, Inspectors
New Ch. 32, Boiler Operators and Stationary Steam Engineers
Repeal Ch. 2, General Rules Governing Boilers of All Types
Repeal Ch. 3, Power Boilers
Repeal Ch. 4, Miniature Boilers
Repeal Ch. 5, Low Pressure Boilers
Repeal Ch. 6, Pressure Vessels
Repeal Ch. 7, Welding
Repeal Ch. 8, Shop Certification
Repeal Ch. 9, Boiler Inspectors
Repeal Ch. 10, Boiler Engineers and Operators
Repeal Ch. 11, Welders
Repeal Ch. 12, Fees
Repeal Ch. 13, General Information
Repeal Ch. 14, Complaints, Investigations and Adjudicatory Hearings
PROPOSED RULE NUMBER: 2004-P306
CONCISE SUMMARY: The proposed rules have been completely rewritten from the rules that are presently adopted by the Board. The proposed rules:
1. Define terms that are used in the rules adopted by the Board and terms used in Title 32, Ch. 131, but not defined by statute.
2. Prescribe procedures for the filing of a petition for a variance.
3. Establish procedures for meetings of the Board.
4. Establish requirements and guidelines for the Board's discretionary issuance of advisory rulings.
5. Adopt by reference the national safety codes and standards that apply to boilers and pressure vessels regulated in the State of Maine.
6. Establishes specific requirements for the design, construction, installation, operation, and inspection of power boilers and pressure vessels in addition to those established in Title 32, Ch. 131, and the national codes adopted by reference.
7. Establishes specific requirements for the identification, construction, installation, operation, inspection, and operation of heating boilers in addition to those established in Title 32, Ch. 131, and the national codes adopted by reference. Consistent with 32 MRSA 15102(l), the Board's rules regulate only those heating boilers located in schoolhouses or owned by municipalities.
8. Establish requirements for performing welded repairs, alterations, or piping fabrications on boilers or pressure vessels.
9. Establish general duties and responsibilities of owners of boilers and pressure vessels.
10. Establish requirements for initial and renewal licensure of inspectors.
11. Establish requirements for licensure and responsibilities of boiler operators and stationary steam engineers.
THE PROPOSED RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 15104-A(l)
PUBLIC HEARING: None scheduled.
DEADLINE FOR WRITTEN COMMENTS: December 6, 2004
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 22, Home and Community Benefits for the Physically Disabled
ADOPTED RULE NUMBER: 2004-469
CONCISE SUMMARY: The adopted rules specify the case management and administrative roles of the provider agency. The adopted rule also clarifies when services are considered to be duplicative, covered services, definitions, and the eligibility process. Certain information, such as confidentiality requirements, that is already included in Ch. 1, is deleted. Terminology, such as using MaineCare instead of Medicaid and member instead of recipient, is also updated. Additional changes include revisions to billing procedure codes necessary to update MaineCare billing codes to current coding practice. The Assessing Services Agency will be reimbursed through a separate contract. The Provider/Care Management Agency will now be reimbursed a monthly case management amount.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 31, 2004
AGENCY CONTACT PERSON: Kip Neale
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9361
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
CHAPTER NUMBER AND TITLE: Adopted Rule - Ch. 101, MaineCare Benefits Manual: Ch. 1I Section 75, Vision Services
ADOPTED RULE NUMBER: 2004-470
CONCISE SUMMARY: MaineCare Benefits Manual, Ch. II and III, Sections 70 and 75 have been combined into one policy entitled Vision Services that also includes the services of ophthalmologists. Policy changes include the following: Mileage is no longer reimbursed for optometrists; criteria for referrals have been clarified; a cap has been established for eyeglass frames exceeding MaineCare maximum allowable and/or for frames not provided by the Vision Care Volume Purchase Contractor, and adults not residing in an ICF-MR are limited to one routine exam every two years. Other editorial changes have been made to better reflect current policy and terminology in use by the Bureau of Medical Services. Those provisions already addressed in Ch. I, General Administrative Policies & Procedures, of the MaineCare Benefits Manual have been removed from this Section.
See www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: November 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) 287-9371
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 Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Certification Manual: Increase in Income Limits, Maximum Allotments, and Deductions, Rev. #141E
ADOPTED RULE NUMBER: 2004-471
CONCISE SUMMARY: Effective October 1, 2004, there will be the following changes in the Food Stamp Program: increases in income limits and maximum allotments, increase in the excess shelter deduction and an increase in the standard deduction for households with five or more members. Most households will experience an increase in benefits. Implementing the Federal requirements before October 1, 2004 will ensure that food assistance necessary for public health and welfare is maintained.
EFFECTIVE DATE: October 1, 2004
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF): Ch. V Transitional Transportation, Rev. #77-A
ADOPTED RULE NUMBER: 2004-472
CONCISE SUMMARY: Under current rules, Transitional Transportation is available for only three (3) months. With this amendment, Transitional Transportation benefits will become available for up to 12 months to members of a household who obtain employment while a TANF or PaS participant and become ineligible for TANF or PaS.
EFFECTIVE DATE: October 31, 2004
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3104
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


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. III Section 15, Chiropractic Services
ADOPTED RULE NUMBER: 2004-473
CONCISE SUMMARY: Pursuant to 22 MRSA 3174-FF, the Department has changed the rules for Chiropractic Services to require the existence of rehabilitation potential, endorsed by a physician as a prerequisite for adult members to receive chiropractic services under MaineCare.
Rules and related documents may be reviewed and printed from the Bureau of Medical Services website at www.maine.gov/bms/MaineCareBenefitManualRules.htm or, for a fee, interested parties may request a paper copy of rules by calling at (207) 287-9368.
EFFECTIVE DATE: November 1, 2004
AGENCY CONTACT PERSON: Robert E. Gross
AGENCY NAME: Bureau of Medical Services, Division of Policy and Provider 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)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #11-04
ADOPTED RULE NUMBER: 2004-474
CONCISE SUMMARY: Minimum November, 2004 Class I price is $17.54 plus $0.79/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in Southern New England for a total of $19.43. Class II minimums set at $13.81 for September, 2004 which includes $0.15/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: November 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


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 102, Rehabilitative Services
ADOPTED RULE NUMBER: 2004-475
CONCISE SUMMARY: This rule adopts: several new definitions; revised medical eligibility requirements; and three levels of care. Weekly service limits for each level of care and utilization review (LJR) requirements are adopted. Ch. III adopts new procedure codes and reimbursement rates. This rule updates procedures for provisional accreditation in Appendix #1 and transfers responsibility for this process to DHHS. Appendix #2, "Levels of Functioning," has been deleted.
See www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 1, 2004
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
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 Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2004-476
CONCISE SUMMARY: These final rules adopt new prior authorization (PA) requirements for certain MaineCare members over the age of 21 who receive more than 5 brand-name prescriptions per month. The PA requirements will apply to the sixth and subsequent brand-name prescriptions for members residing in certain supervised settings, and when federally approved, those members who are eligible for MaineCare as part of the Non-Categorical Waiver. The PA requirements may exclude those members who are being treated for cancer, HIV, hemophilia, or other conditions. The Department has added a one-time 4-day over ride per calendar year for certain emergency situations. The Department also has added drug benefit management and/or intensive benefits management for the pharmacy benefit of certain high-cost and/or high utilizing members.
These rules also create the Maine Retail Pharmacy Provider Incentive Payment, which will reward pharmacies providing high quality pharmacy services to MaineCare members in rural areas. The Department will calculate this incentive payment on a quarterly basis, factoring in the pharmacy's rural status, number of unduplicated MaineCare members served, and other specified quality indicators. The Department will compensate providers dispensing prescriptions to members in nursing facilities, ICFs-MR, and medical and remedial PNMIs a fee of $3.35 when they process certain returned reusable drugs.
See www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 2, 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: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Final rule - Maine State Service Manual, Ch. 104, Sections 2 and 3, Maine Drugs for the Elderly (DEL) Benefit and Maine Rx Plus Benefit
ADOPTED RULE NUMBER: 2004-477
CONCISE SUMMARY: These rules create the Maine Retail Pharmacy Provider Incentive Payment in Ch. 104, Sections 2 and 3, Maine Drugs for the Elderly and Maine Rx Plus, which will reward pharmacies providing high quality pharmacy services to DEL and Maine Rx Plus participants in rural areas. The Department will calculate this incentive payment on a quarterly basis, factoring in the pharmacy's rural status, number of unduplicated DEL and Maine Rx Plus participants served, and other specified quality indicators. Under Section 2, the rule states that the State of Maine has the authority to auto-enroll DEL participants in the Medicare drug discount card program.
See http://www.maine.gov/bms/Other%20Proposed.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 2, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy and Provider Services, Bureau of Medical 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 Health, Division of Health Engineering, Drinking Water Program<
CHAPTER NUMBER AND TITLE: Ch. 231, Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 2004-478
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to Drinking Water include updating reporting requirements to the Drinking Water Program, modifying capacity development requirements, and updating emergency response requirements.
EFFECTIVE DATE: November 2, 2004
AGENCY CONTACT PERSON: Tera R. Tower, Rulemaking Coordinator
AGENCY NAME: Drinking Water Program
ADDRESS: 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680


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