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Weekly Rulemaking Notices Contact Us Find It

November 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: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 27.2, Supervised Community Confinement Program
PROPOSED RULE NUMBER: 2004-P313
CONCISE SUMMARY: The Maine Department of Corrections is proposing revisions to the existing policy, procedures, and rules governing the Supervised Community Confinement Program Policy pursuant to 34-A MRSA, Section 3036-A.
The revisions are designed to strongly encourage prisoners to make a good faith, reasonable application for Supervised Community Confinement by, among other things, limiting the period of time prisoners are allowed to be on work release. The desire to stay on work release has been a major disincentive for prisoners to apply for Supervised Community Confinement. The revision also requires the Correctional Caseworker/Correctional Care and Treatment Worker to complete a risk and needs assessment and meet with each prisoner to develop a plan aimed at transitioning the prisoner to Supervised Community Confinement. The plan is reviewed bi-monthly to ensure that the prisoner complies with the plan.
It is projected that these changes will result in a significant increase in the number of prisoners applying for and being approved for Supervised Community Confinement, thus relieving some of the overcrowding in the correctional facilities.
This rule, Chapter 10 Subsection 27.2, Policy and Procedures Manual - Supervised Community Confinement Program, will repeal and replace Chapter 10 Subsection 27.2, Policy and Procedures Manual - Supervised Community Confinement Program.
Providers and the public will have the opportunity to comment on the changes to this rule through the rule-making process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA 3036-A
PUBLIC HEARING: Monday, December 6, 2004 from 10 a.m. - 11 a.m. in the Maine Department of Corrections Conference Room in the Tyson Building (Third Floor) at the Augusta Mental Health Office Complex in Augusta, Maine.
DEADLINE FOR COMMENTS: December 17, 2004
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(l)(A)(2), Shrimp Season 2004- 2005
PROPOSED RULE NUMBER: 2004-P314
CONCISE SUMMARY: These proposed regulations would adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2004 - 2005 shrimp season. The proposed season would take place from December 19 - 23 and December 26 - 30, 2004 (Sundays - Thursdays); and January 3, 2005 through March 25, 2005 (Mondays - Fridays only). The season for the harvest of shrimp by trawl and by trap would be the same dates.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested
DEADLINE FOR COMMENTS: Friday, December 17, 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: 06-096 - Maine Department Of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 532, Large Commercial Passenger Vessels
PROPOSED RULE NUMBER: 2004-P315
CONCISE SUMMARY: This proposed new chapter applies to discharges to Maine's coastal waters of graywater and mixtures of graywater and blackwater from large commercial passenger vessels. It specifies the minimum level of effluent quality in terms of biochemical oxygen demand, suspended solids, pH, fecal coliform, and chlorine. It also specifies requirements for keeping a sewage and graywater discharge record book and for sampling and reporting. Additional information concerning this rulemaking is available through http://www.maine.gov/dep/blwq/rule.htm
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 413 and 423-D (PL 2003, ch. 650)
PUBLIC HEARING: No hearing is planned. A hearing may be requested by contacting: Hetty Richardson, Maine Department of Environmental Protection, State House Station 17, Ray Bldg., Hospital St., Augusta, ME 04330-0017
PHONE: (207) 287-7799
FAX: (207) 287-7191
E-MAIL: Hetty.L.Richardson@maine.gov
DEADLINE FOR COMMENTS: January 5, 2005 at 5:00 p.m. Comments maybe submitted by mail at the address below, by fax at (207) 287-7191, or by e-mail at Hetty.L.Richardson@state.me.us. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that the risk of non-delivery associated with submissions by fax or e-mail is on the sender. A copy of the rule is available upon request from the contact below, and on the Web at: http://www.maine.gov/dep/blwq/rule.htm
AGENCY CONTACT PERSON: Hetty Richardson
AGENCY NAME: Maine Department of Environmental Protection
ADDRESS: 17 State House Station, Ray Bldg., Hospital St., Augusta, ME 04333-0017
TELEPHONE: (207) 287-7799
E-MAIL: Hetty.L.Richardson@maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. VI Section 2, MaineCare DirigoChoice Initiative
PROPOSED RULE NUMBER: 2004-P316
CONCISE SUMMARY:. This is a new rule that describes the circumstances under which MaineCare members may participate in the DirigoChoice Health Plan. The Department of Health and Human Services selected a health insurance carrier to provide the DirigoChoice Health Plan to MaineCare members. MaineCare members continue to have access to all MaineCare covered services they are eligible to get based on their coverage group. Services will be available from the carrier's provider network or from MaineCare providers for services not covered by DirigoChoice.
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; PL 2003, Ch. 459
PUBLIC HEARING: December 7, 2004, 1:00 p.m. Location: Conference Room 1B, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before November 24, 2004.
DEADLINE FOR COMMENTS: Midnight December 17, 2004
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/ Hard of Hearing)


AGENCY: 02-313 - Board of Dental Examiners
RULE TITLE OR SUBJECT:
Ch. 1, Rules Relating to Dental Hygienists
Ch. 2, Rules Relating to Dental Assistants
Ch. 3, Rules Relating to the Practice of Denturism
Ch. 7, False and Misleading Advertising
Ch. 8, Complaints
Ch. 9, Licensure Requirements for Dental Radiographers
Ch. 10, Requirements for Licensure for Dental Hygienists
Ch. 11, Educational Requirements for Licensure
Ch. 12, Continuing Dental Education
Ch. 13, Rules for Use of General Anesthesia/Sedation by Dentists
Ch. 14, Mortality or Life Threatening Situations in a Dental Office
PROPOSED RULE NUMBER: 2004-P317
CONCISE SUMMARY:
Ch. 1: This is an amendment to expand the scope of practice of dental hygienists, to delete the requirement of a log of local anesthetic injections for renewal of a local anesthesia permit, and to clearly identify duties dental hygienists are allowed to perform under Public Health Supervision status.
Ch. 2: This amendment will allow dental assistants to change/replace dry socket packets after diagnosed and treatment planned by the dentist.
Ch. 3: This amendment deletes all sections and language pertaining to denturist permits, which have not been in effect since January 1, 2000. It also eliminates references to an oral health certificate, as it is no longer required by statute.
Ch. 7: An amendment to include denturists in this rule which relates to advertisements for professional dental corporations.
Ch. 8: To amend the rule to add three items to the list of items under the heading of unprofessional conduct regarding the following:
* timeline for release of patient records
* failure to adhere to current Center for Disease Control (CDC) guidelines for infection control
* failure to respond to the Board when a time frame for doing so is prescribed by law, and failure to provide the Board with treatment records at the Board's request.
Ch. 9: To amend the rule to include a requirement for re-issuing a license to a dental radiographer whose license has been lapsed for more than five years.
Ch. 10: To amend the rule to delete the requirement of a personal interview for applicants for licensure who provide proof to the Board of overseas military deployment.
Ch. 11: To amend the rule to accomplish the following:
* add provisions for accepting other state and regional examinations or a national examination as part of the licensure requirement
* add a provision for waiver of the personal interview requirement for licensure
* to delete the section relating to licensure requirement for foreign-trained dentists as it is repetitive and redundant
* to correct some typographical errors
Ch. 12: To amend the rule to accomplish the following:
* increase the continuing education requirement for dental hygienists in order to conform to statute
* include the requirement of CPR certification or re-certification for all new licensees and all renewals of licensure
* accept some clinically applied home study courses for category I credit
Ch. 13: To amend the rule to accomplish the following:
* more clearly define and update the criteria and requirements for a dentist to qualify for a permit to administer conscious sedation
* include that any morbidity or mortality reports submitted to the Board by licensees must be in writing
Ch. 14: To amend the rule to include that a morbidity or mortality report submitted to the Board by a licensee must be in writing.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 1073.2., 1095, 1100-A, 1100-C, 1073.3, 1081.3, 1081.4, 1100-P, 1096, 1099, 1082, 1083, 1085, 1084-A, 1098-B, and 1089.
PUBLIC HEARING: December 10, 2004, 9:00 a.m. - Holiday Inn - Conference Room, Augusta, ME
DEADLINE FOR COMMENTS: December 20, 2004
AGENCY CONTACT PERSON: Anita C. Merrow
AGENCY NAME: Board of Dental Examiners
ADDRESS: 143 State House Station, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 45.05(l)(A)(2), Shrimp Season, 2004- 2005 - EMERGENCY REGULATIONS
ADOPTED RULE NUMBER: 2004-536
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 2004 - 2005 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan set November 8, 2004. The season shall take place from December 19 - 23 and December 26 - 30, 2004 (Sundays - Thursdays); and January 3, 2005 through March 25, 2005 (Mondays - Fridays only). The season for the harvest of shrimp by trawl and by trap shall be the same dates.
A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: Wednesday, November 17, 2004
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04676-0008
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: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 311, Eligible Resource Portfolio Requirement
ADOPTED RULE NUMBER: 2004-537
CONCISE SUMMARY: The purpose of the amendment is to make the rule consistent with legislation that was recently passed that exempts suppliers serving qualified Pine Tree Development Zone business from the portfolio requirement.
EFFECTIVE DATE: November 14, 2004
CHAPTER NUMBER AND TITLE: Ch. 293, Abandonment of Service and Authority to Provide Service and Transfer of Customers by Competitive Telecommunications Carriers
ADOPTED RULE NUMBER: 2004-538
CONCISE SUMMARY: Ch. 293 will provide an efficient method for competitive telecommunications carriers to abandon service and terminate their authority to provide service, and to govern transfers of customers from one carrier to another.
EFFECTIVE DATE: November 15, 2004
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831


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