February 23, 2005 Rule-Making Notice - State of Maine

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/.

AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 270, Uniform Reporting System for Quality Data Sets
PROPOSED RULE NUMBER: 2005-P5
CONCISE SUMMARY: This rule defines health care quality data sets and the provisions for filing the data sets by health care providers to the Maine Health Data Organization, including: identification of the organizations required to report; establishment of requirements for the content, form, medium, and time for filing health care quality metrics data; establishment of standards for the data reported; and compliance provisions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 1683 з8708-A
PUBLIC HEARING: Continued to February 24, 2005; 9:00 a.m.; Maine Health Data Organization, 151 Capitol Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 7, 2005
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722

AGENCY: 14-193 - Department of Health and Human Services
RULE TITLE OR SUBJECT: Ch. 20, Rules Governing the Disclosure of Limited Information Pertaining to Individuals Who Died in State Psychiatric Facilities for Purposes of Creating a Memorial
PROPOSED RULE NUMBER: 2005-P49
CONCISE SUMMARY: 34-B MRSA з1207(l)(H) directs the Department to promulgate rules to govern the use of previously confidential mental health information in memorials. The intent of the Legislature was to create memorials honoring individuals who died while residing at the Augusta Mental Health Institute, the Bangor Mental Health Institute, and the Riverview Psychiatric Center, and to provide a process where relatives may choose to require the Department to maintain the confidentiality of their deceased family members. These rules do not permit disclosure of information relating to any living current or living former client of the Department or any client who died in a facility operated, licensed or funded by the Department other than the Augusta Mental Health Institute, the Bangor Mental Health Institute, or Riverview Psychiatric Center.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA з1207(l)(H)
PUBLIC HEARING): March 14, 2005, 9-11 a.m.; 32 Blossom Lane, Marquardt Building, Conference Room 1A, Augusta, Maine 04333
DEADLINE FOR COMMENTS: March 24, 2005
AGENCY CONTACT PERSON: Marya Faust, Acting Director, Adult Mental Health
AGENCY NAME: Department of Health and Human Services
ADDRESS: 40 State House Station, Augusta, Maine 04333-0040
TELEPHONE: (207) 287-4271

AGENCY: 01-026 Ц Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Board of Pesticides Control Rules:
Amendment to Ch. 27, Standards for Pesticide Applications and Public Notification in Schools
Amendment to Ch. 31, Certification and Licensing Provisions/Commercial Applicators
Amendment to Ch. 60, Designation of Critical Pesticide Control Areas
PROPOSED RULE NUMBER: 2005-P50 through 2005-P52
CONCISE SUMMARY: The Board is proposing to make several changes to these three chapters as follows: (1) to amend Ch. 27 to clarify many issues that have been raised by school officials and Board staff including what constitutes school grounds and when the initial notification must be provided to parents and guardians; (2) to amend Ch. 31 to incorporate previously adopted policies regarding pet groomers and swimming pool operators as well as provide clarification on other licensing and certification procedures; (3) to amend Ch. 60 to exclude a single person or family with health concerns from being eligible to seek a critical pesticide control designation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA з8051 et seq., 7 MRSA, зз 601-625 and 22 MRSA, зз 1471-A-X
PUBLIC HEARING: Friday, March 18, 2005 at 9:30 a.m. in the Embassy Room at the Senator Inn & Spa, 284 Western Avenue in Augusta
DEADLINE FOR COMMENTS: 4:00 p.m. on Monday, April 4, 2005
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04330-0028
TELEPHONE: (207) 287-2731
FAX: (207) 624-5003
E-MAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/laws/rules.htm

AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Certification Manual -Combat Pay Exclusion
PROPOSED RULE NUMBER: 2005-P53
CONCISE SUMMARY: This policy will allow the Food Stamp program to exclude any additional income made available to a Food Stamp household as a result of a military person being deployed to a combat zone. This is a result of the President signing The Consolidated Appropriations Act, 2005, Public Law 108-447. This policy will be retroactive to October 1, 2004, per legislative requirement. Affected households will receive restored benefits back to the date any of this additional income was budgeted, but not prior to October 1, 2004.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA з42
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: March 25, 2005
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: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 612, Maine Dental Education Loan and Loan Repayment Programs, Amendment 2
ADOPTED RULE NUMBER: 2005-54
CONCISE SUMMARY: Various amendments that change application due dates, beginning of repayment period, and interest rates applicable at time of repayment.
EFFECTIVE DATE: February 20, 2005
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant 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: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 150, Free Care Guidelines
ADOPTED RULE NUMBER: 2005-55
CONCISE SUMMARY: These final rule changes update poverty guidelines to 2004 dollar amounts and removes obsolete references to the Maine Health Care Finance Commission and the severely affected hospital fund. See: http://www.maine.gov/bms/Other%20Proposed.htm for rules and related rulemaking documents.
EFFECTIVEDATE: February 20, 2005
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 297-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)

AGENCY: 16-633 - Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 1-22, Gambling Control Board Rules
ADOPTED RULE NUMBER: 2005-56 through 2005-77
CONCISE SUMMARY: The rules outline procedures regarding the following: application for licensure and licensing of person participating in the operation, distribution and maintenance of slot machines and slot machine facilities; record keeping and auditing; minimum internal control standards; credits; payments to the Board by licensees; slot machine location, standards, hours of operation, maintenance, testing and certification standards; uniform location agreements and contract disclosures; license applicant fingerprinting; excluded persons; advertising; alcoholic beverage and tobacco products; weapons; on premise office space; responsible gambling programs; prohibition on credit line; and patron disputes.
EFFECTIVE DATE: February 21, 2005
AGENCY CONTACT PERSON: Lt. Thomas Kelly
AGENCY NAME: Gambling Control Board
ADDRESS: Department of Public Safety, 87 State House Station, 45 Commerce Drive, Augusta, ME 04333-0087
TELEPHONE: (207) 626-3902