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Weekly Rulemaking Notices Contact Us Find It

November 10, 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: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 150, Hospital Finance Rules
PROPOSED RULE NUMBER: 2004-P307
CONCISE SUMMARY: These proposed rule changes update poverty guidelines to 2004-dollar amounts and remove obsolete references to the Maine Health Care Finance Commission and the severely affected hospital fund.
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: None scheduled
DEADLINE FOR COMMENTS: December 13, 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: 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 - Income and Resource Exclusions, Confidentiality, Job Quit Disqualifications
PROPOSED RULE NUMBER: 2004-P308
CONCISE SUMMARY: This policy allows the Department of Health and Human Services' Food Stamp program to exclude some income and assets that the Temporary Assistance for Needy Families (TANF) and MaineCare programs do. Federal regulations now allow the Department to make some income and asset exclusions the same for all three programs, This will result in more eligible households for Food Stamps. This policy revises the policy on when the Department can give confidential information to law enforcement officials. The new policy clarifies the release of confidential information to law enforcement under certain limited circumstances involving fleeing felons, There is also a clarification concerning job quit disqualifications.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 10, 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: 05-071 - Maine Department of Education
RULE TITLE OR SUBJECT: Ch. 125, Basic Approval Standards: Public Schools and School Administrative Units - Calendar Adoption
PROPOSED RULE NUMBER: 2004-P309
CONCISE SUMMARY: This rule requires Career and Technical Education Centers and Regions and their respective sending schools, jointly, to develop regional school calendars to limit the number of dissimilar instructional days in any given school year to nine. This rule is intended to maximize learning opportunities for Maine's Career and Technical Education students.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 4801 sub-2-A
PUBLIC HEARING: Tuesday, November 30, 2004, 2:00 p.m.-4:00 p.m., Room 107, Cross Office Building, Augusta, Maine
DEADLINE FOR COMMENTS: December 10, 2004
AGENCY CONTACT PERSON: Yvonne V. Davis
AGENCY NAME: Maine Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6730


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Amendment to Ch. 306, Requirement for Medium and Large Customer Disclosure Label Distribution
PROPOSED RULE NUMBER: 2004-P310
CONCISE SUMMARY: This chapter contains requirements for competitive electricity providers to disclose price, contract, resource mix, and emissions information to customers in a uniform format. The chapter also contains requirements for informational filings by competitive providers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 3203(3), 3203(4); P.L. 1997, ch. 316, 4, Resolves 2003, ch. 46.
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: December 13, 2004
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 50, Rules for the Determination of Insufficient Veterinary Services
PROPOSED RULE NUMBER: 2004-P311
CONCISE SUMMARY: This rule is being repealed and replaced. It establishes rules for the determination of insufficient veterinary services areas.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 12107
PUBLIC HEARING: December 1, 2004 at 10:00 a.m., Deering Building, Augusta, ME
DEADLINE FOR COMMENTS: December 10, 2004
AGENCY CONTACT PERSON: Shelley F. Doak, Director
AGENCY NAME: Agriculture, Division of Animal Health & Industry
ADDRESS: 28 State House Station, Augusta, ME 04347
TELEPHONE: (207) 287-7610


AGENCY: 95-629 - Dirigo Health Agency
RULE TITLE: Ch. 1, Dirigo Health Agency Manual
SUBJECT: Dirigo Health Plan
PROPOSED RULE NUMBER: 2004-P312
CONCISE SUMMARY: These rules, adopted pursuant to the Dirigo Health Act, establish criteria for receiving services under DirigoChoice. These rules also establish eligibility criteria for the financial discount program provided by Dirigo Health Agency, and describe the complaint process in place for appealing decisions made concerning financial discounts.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Laws 2003, Ch. 469, H.P. 1187 - L.D. 1611, An Act To Provide Affordable Health Insurance to Small Businesses and Individuals and to Control Health Care Costs
PUBLIC HEARING: December 1, 2004 at 9:00 a.m. in the Dirigo Health Agency Conference Room A, located at 211 Water Street, Augusta, ME
DEADLINE FOR COMMENTS: December 10, 2004
AGENCY CONTACT PERSON: Karynlee Harrington, Executive Director
AGENCY NAME: Dirigo Health Agency
ADDRESS: 53 State House Station, 211 Water Street Augusta, Maine 04333-0015
TELEPHONE: (207) 287-9900
FAX: (207) 287-9922


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.94(2)(e), Lobster Management Zones, Zone E; and Ch. 25.94(2)(f), Lobster Management Zones, Zone F
ADOPTED RULE NUMBER: 2004-479
CONCISE SUMMARY: The following revised western boundary for Zone E, and revised eastern boundary for Zone F, have been adopted to more accurately reflect historic fishing grounds in the waters adjacent and below Cape Small as requested by a petition from Zone E members and the Lobster Zone E Management Council. The new line begins at Newbury Point in Small Point Harbor, Phippsburg, then proceeds due SSW to N"2", then proceeds SSE to "2BH", then due south magnetic to the intersection of the 3-mile limit, follows the 3-mile limit to its intersection with the previous boundary line then due south magnetic to the Exclusive Economic Zone (EEZ).
CHAPTER NUMBER AND TITLE: Ch. 25.96, Lobster Apprentice Program - Zone E Apprentice and Sponsor Requirements
ADOPTED RULE NUMBER: 2004-480
CONCISE SUMMARY: The Department of Marine Resources has adopted regulations in Ch. 25.96 based on a referendum response by Zone E members and a recommendation by the Zone E Council members to the Commissioner submitted in accordance with the provisions of 12 MRSA 6447(5-B). These regulations establish two new requirements in Zone E. Apprentices who wish to enter Zone E must complete their apprenticeship in that zone, and sponsors of Zone E apprentices must have held a Class I, II or III lobster and crab fishing license for at least 5 years.
EFFECTIVE DATE: January 1, 2005
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: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 602, Repeal and Replace - Maine Guaranteed Student Loan Program
ADOPTED RULE NUMBER: 2004-481
CONCISE SUMMARY: This rule adopts the Common Manual, which. establishes industry standard procedures and policies for the administration of the Guaranteed Student Loan Program. The rule establishes separate policies with regard to Consolidation Loans and some procedures in the event of a default or bankruptcy.
EFFECTIVE DATE: November 6, 2004
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 02-392 - Board of Pharmacy
CHAPTER NUMBER AND TITLE: Recodification of the Maine Pharmacy Rules, consisting of the following chapters:
Part 1 - General Information
Ch. 1, Definitions
Ch. 2, Advisory Rulings
Ch. 3, Applicability of Rules to Unlicensed Facilities
Part 2 - Licenses and Registrations
Ch. 4, Licensure of Pharmacists
Ch. 5, Continuing Pharmacy Education
Ch. 6, Pharmacy Student Internship Program
Ch. 7, Registration and Employment of Pharmacy Technicians
Ch. 8, Registration of Retail Drug Outlets
Ch. 9, Registration of Rural Health Centers
Ch. 10, Registration of Free Pharmacy Clinics
Ch. 11, Registration of Mail Order Prescription Pharmacies and Licensure of Mail Order Contact Lens Suppliers
Ch. 12, Registration of Manufacturers and Wholesale Drug Outlets
Part 3 - Operation of Drug Outlets
Ch. 13, Operation of Retail Drug Outlets
Ch. 14, Pharmacy Services at Rural Health Centers
Ch. 15, Operation of Free Pharmacy Clinics
Ch. 16, Operation of Wholesale Drug Outlets and Manufacturers
Ch. 17, Operation of Nuclear Drug Outlets
Ch. 18, Sterile Pharmaceuticals
Part 4 - Dispensing Prescription Drugs
Ch. 19, Receipt and Handling of Prescription Drug Orders
Ch. 20, Automated Pharmacy Systems
Ch. 21, Central Prescription Processing
Ch. 22, Sale of Schedule V Controlled Substances
Ch. 23, Accounting for Prescription Drugs
Ch. 24, Retention of Records by Drug Outlets
Ch. 25, Patient Counseling
Ch. 26, Generic Substitution
Ch. 27, Possession and Administration of Noncontrolled Prescription Drugs by Nurses
Part 5 - License Denial and Professional Discipline
Ch. 28, Enforcement and Disciplinary Procedures
Ch. 29, Violations of Federal Law or Rule
Ch. 30, Unprofessional Conduct
Ch. 31, Practice of Fraud or Deceit
Ch. 32, Issuance of Citation
ADOPTED RULE NUMBER: 2004-482 through 2004-534
CONCISE SUMMARY: The Board of Pharmacy repealed its existing rules in their entirety and replaced them with the new chapters listed above. The new rules govern the practice of pharmacy; deployment of student interns and pharmacy technicians; operation of retail pharmacies, rural health centers, and other types of drug outlet; prescription requirements; and other matters indicated by the chapter titles listed above.
EFFECTIVE DATE: November 8, 2004
AGENCY CONTACT PERSON: Geraldine L. Betts
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04330
TELEPHONE: (207) 624 8625


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