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Home > Weekly Newspaper Notices > May 23, 2007

May 23, 2007

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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE OR SUBJECT: Amendment to Ch. 1262, State-imposed Shoreland Zoning Ordinance for the Town of Steuben
PROPOSED RULE NUMBER: 2007-P100
CONCISE SUMMARY: This rule will amend the Official Shoreland Zoning Map for the Town of Steuben by removing a portion of the Resource Protection District on lots 4 through 10 of the "Carrying Place Cove South" subdivision on the north side of Carrying Place Cove. The amendment will retain the first 150 feet of the shoreland zone (from the upland edge of the coastal wetland) in the Resource Protection District, and will place the remaining 100 feet of the shore land zone in the Limited Residential District.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §438-A(4)
PUBLIC HEARING: None Scheduled. Written comments are invited.
DEADLINE FOR COMMENTS: June 22, 2007 at 5:00 p.m.
AGENCY CONTACT PERSON: Richard P. Baker, Department of Environmental Protection, State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 200, Telecommunications Carriers Reporting Requirements for Service Interruptions
PROPOSED RULE NUMBER: 2007-P101
CONCISE SUMMARY: The Commission proposes to repeal and replace Ch. 20 of its Rules. Currently, Ch. 20 requires local exchange carriers (LECs) to notify the Commission of major service interruptions and central office switch conversions. As proposed, Ch. 200 would require that all telecommunications carriers provide notice of service interruptions to the Commission, public utilities, wireless providers, and customers. The proposed rule also clarifies that the reporting requirements apply to all interexchange carriers (IXCs) and Competitive Local Exchange Carriers (CLECs) in addition to Incumbent Local Exchange Carriers (ILECs); and, clarifies what types of service interruptions require reporting.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, and 112
PUBLIC HEARING: June 14, 2007, 1 p.m., Public Utilities Commission, Horace Libby Hearing Room, 242 State Street, Augusta, Maine
COMMENT DEADLINE: June 29, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 94-289 - Maine Atlantic Salmon Commission
RULE TITLE OR SUBJECT: Ch. 1.03, Rules of the Atlantic Salmon Commission, Open Fall Season
PROPOSED RULE NUMBER: 2007-P102
CONCISE SUMMARY: The Atlantic Salmon Commission, through collected data and the use of a technical risk assessment, has determined that the recovery of Atlantic salmon will not be jeopardized by conducting a directed recreational fishery in the fall of the year. This proposed rulemaking would create an open fall fishing season for anadromous Atlantic salmon. The proposed season is for a one-month period in the fall, annually, in a specified location on the Penobscot River. The permitted activity would be limited to catch and release by fly fishing only. Should the Commission determine it is necessary to close the area during the season, red flags would be displayed.
The proposed rulemaking text is available online at www.maine.gov/asc. A complete copy of Chapter 1 is available online at http://www.maine.gov/sos/cec/rules/90/94/289/289c001.doc. If you are unable to attend the hearing persons are encouraged to submit written comments from the receipt or posting of this notice through close of business on the deadline listed.
STATUTORY AUTHORITY: 12 MRSA §9902
AGENCY CONTACT PERSON: Patrick Keliher (tel: 207-287-9972)
PUBLIC HEARING: Wed., June 13, 2007, 6:00 p.m.; Holden Elementary School, Music & Art Room, 590 Main Road, Route 1A, Holden (Located next to the Holden Municipal Buildings and Fire Dept.)
DEADLINE FOR WRITTEN COMMENTS: June 23, 2007
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)
HEARING FACILITIES: If you require accommodations due to disability, please contact Kim Pierce, at (207) 287-5055



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.01, Hunting Seasons for Upland Game (Ruffed Grouse)
PROPOSED RULE NUMBER: 2007-P103
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to change the hunting season for ruffed grouse (partridge) by eliminating the month of December from the current season.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARINGS:
Tuesday, June 12, 2007, Calais Rod and Gun Club, Charlotte Road, Charlotte, 6:30 p.m.
June 27, 2007, Presque Isle Fish and Game Club, Parsons Road, Presque Isle; 6:30 p.m.
DEADLINE FOR COMMENTS: July 2, 2007
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2007-P104
CONCISE SUMMARY: The Department Is proposing changes to MaineCaRe Benefits Manual, Ch. II and III Section 45, Hospital Services, to update the way MaineCare reimburses hospitals for most outpatient physician services. These changes will bring reimbursement for non-emergency room, outpatient hospital based physicians more inline with reimbursement for non-hospital based physicians. For both non-critical access hospitals and critical access acute care hospitals, reimbursement for physician services would be equal to 89.7% of costs. Changes are expected to be effective July 1, 2007.
Hospitals will also be required to bill for certain non-emergency room hospital based outpatient physician costs on the CMS-1500. These claims would be paid directly and prospective interim payments (PIPs) would be reduced by the amount each hospital is expected co receive from these claims payments.
This proposed rulemaking does not include all proposed changes from another rulemaking filed on April 25, 2007; however it does include changes in Sections 45.03 - 45.04 (pertaining to reimbursement for acute care non-critical access and critical care access hospitals) that both versions of proposed rules impact. Both proposed rules will be combined in one final adopted rule.
See at http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related documents.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. Municipalities own two hospitals.
STATUTORY AUTHORITY: 22 MRSA, §42, §42(8), §3173
PUBLIC HEARING: Wednesday, June 13, 2007, 1:00 p.m., DHHS, 442 Civic Center Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: Comments must be received by 11 :59 June 24, 2007
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
RULE TITLE OR SUBJECT: Ch. 32, Rules for the Licensing of Child Care Facilities
PROPOSED RULE NUMBER: 2007-P105
CONCISE SUMMARY: The rule will provide regulatory protection for children who participate in water activities while attending a child care facility licensed by Maine. The Department has reviewed current licensing rules and concluded that more specific regulatory language is needed for child care facility licensees who provide swimming/wading activities for children. Accordingly, this rule includes:
1. definitions of a swimming pool, wading pool and water safety attendant;
2. staff training requirements;
3. mandatory written parental permission for children to participate in swimming/wading activities;
4. posted pool safety rules; and
5. documented identification of children who are non-swimmers.
In addition, the rule includes the following requirements:
6. The child care facility must have a water safety attendant present during swimming/wading activities;
7. The water safety attendant does not count toward compliance with the staff-to-child ratios;
8. On-premises pools must be registered by the child care facility with the DHHS Maine Center for Disease Control and Prevention; and
9. Pools must be operated in compliance with DHHS, MeCDC, Division of Environmental Health, Rules Relating to Public Swimming Pools and Spas.
The proposed swimming pool rule and the entire Rules for the Licensing of Child Care Facilities are available on the Division of Licensing and Regulatory Services’ website at http://www.maine.gov/dhhs/dlrs/rulemaking/index.shtml. Call (207) 287-9250 to have a paper copy of the rule mailed to you.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 8301-A, 8302-A and 8402-A
PUBLIC HEARING: June 11, 2007, 1 p.m., Conference Room, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, Maine.
DEADLINE FOR COMMENTS: June 21, 2007 at 5 p.m.
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250
TTY: (800) 606-0215
E-MAIL: peter.mauro@maine.gov



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
RULE TITLE OR SUBJECT: Ch. 33, Rules for Family Child Care Providers
PROPOSED RULE NUMBER: 2007-P106
CONCISE SUMMARY: The rule will provide regulatory protection for children who participate in water activities provided by family child care providers licensed by Maine. The Department has reviewed current licensing rules and concluded that more specific regulatory language is needed for family child care provider licensees who provide swimming/wading activities for children.
Accordingly, this rule includes:
1. definitions of a swimming pool, wading pool and water safety attendant;
2. staff training requirements;
3. mandatory written parental permission for children to participate in swimming/wading activities;
4. posted pool safety rules; and
5. documented identification of children who are non-swimmers.
In addition, the rule includes the following requirements:
6. The family child care provider must have a water safety attendant present during swimming/wading activities;
7. The water safety attendant does not count toward compliance with the staff-to-child ratios;
8. On-premises pools must be registered by the family child care provider with the DHHS Maine Center for Disease Control and Prevention; and
9. Pools must be operated in compliance with DHHS, MeCDC, Division of Environmental Health, Rules Relating to Public Swimming Pools and Spas.
The proposed swimming pool rule and the entire Rules for Family Child Care Providers are available on the Division of Licensing and Regulatory Services’ website at http://www.maine.gov/dhhs/dlrs/rulemaking/index.shtml. Call 207 287-9250 to have a paper copy of the rule mailed to you.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 8301-A, 8302-A and 8402-A
PUBLIC HEARING: June 11, 2007, 2 p.m, Conference Room, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, Maine.
DEADLINE FOR COMMENTS: June 21, 2007 at 5 p.m.
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250. TOLL FREE: (800) 791-4080
TTY TOLL FREE: (800) 606-0215
FAX: (207) 287-5807
E-MAIL: peter.mauro@maine.gov


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Certification Manual, Rev. #153A: Fair Market Value Rule Standardization, Clarification and Updates
ADOPTED RULE NUMBER: 2007-187
CONCISE SUMMARY: In addition to defining “fair market value” to standardize Food Stamp policy with MaineCare and TANF policy, this rule:
1. Deletes references to the restaurant meals program,
2. Changes Office of Management and Budget (OMB) Poverty Level to Federal Poverty Level to make policy consistent.
3. Adds another circumstance under which a child’s tie to biological parents can be severed for the purposes of determining household composition,
4. Clarifies the upper cutoff age for ABAWDs,
5. Adds “gift cards” to the list of excludable assets and income sources,
6. Uses “Americorps” as an example of Workforce Investment Act payments,
7. Clarifies when “Americorps/VISTA” wages are considered excluded income and included income,
8. Deletes an obsolete page in the Food Stamp manual dealing with certification periods, and
9. Changes the Department name, Office name, and TANF program name as appropriate on the pages containing the above changes.
EFFECTIVE DATE: March 1, 2007
AGENCY CONTACT PERSON: Robert Thibodeau, Food Stamp Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800) 606-0215



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 141, Conformity of General Federal Actions
ADOPTED RULE NUMBER: 2007-188
CONCISE SUMMARY: The Department is has amended the Ch. 141, Conformity of General Federal Actions, rule to incorporate recent changes to the Federal general conformity regulations that became effective on July 17, 2006. The changes to the Federal general conformity rule established PM2.5 de minimis emission levels for Federal actions covered by the general conformity program that are consistent with the 100 tons per year major source threshold for VOC and NOx emissions in subpart 1 areas under the 8-hour ozone implementation strategy.
EFFECTIVE DATE: May 21, 2007
AGENCY CONTACT PERSON: Jeffrey Crawford, Bureau of Air Quality Control, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 287-2437



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 101, Medical Imaging Services
ADOPTED RULE NUMBER: 2007-189
CONCISE SUMMARY: This rulemaking permanently adopts the proposed rule that entailed changes to the MaineCare Benefits Manual, Chapter II, Section 101, Medical Imaging Services. This rule has an effective date of June 1, 2007.
The final rule changes the allocation of a global fee reimbursed to providers of Positron Emission Tomography (PET) scan services. Currently, the Department splits the global fee paid for PET scans and reimburses providers of the professional component of that service at 20% of that global fee, and reimburses providers of the technical component of the service at 80% of the total global fee. This adopted rule changes the percentage split of this global fee to 10% for the professional component and 90% for the technical component, which more appropriately reflects reimbursement allocations used by other payors. The Department also clarifies existing language regarding supervision of services, billing requirements (including the requirements for possible prior authorizations) and makes other minor technical changes.
See: http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: June 1, 2007
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE: Emergency RuleCh. 32, Rules for the Licensing of Child Care Facilities.
ADOPTED RULE NUMBER: 2007-190
CONCISE SUMMARY The emergency rule will provide immediate emergency regulatory protection for children who participate in water activities while attending a child care facility licensed by Maine. The Department has reviewed current licensing rules and concluded that more specific regulatory language is needed for child care facility licensees who provide swimming/wading activities for children. Accordingly, this emergency rule includes:
1. definitions of a swimming pool, wading pool and water safety attendant;
2. staff training requirements;
3. mandatory written parental permission for children to participate in swimming/wading activities;
4. posted pool safety rules; and
5. documented identification of children who are non-swimmers.
In addition, the emergency rule includes the following requirements:
6. The child care facility must have a water safety attendant present during swimming/wading activities;
7. The water safety attendant does not count toward compliance with the staff-to-child ratios;
8. On-premises pools must be registered by the child care facility with the DHHS Maine Center for Disease Control and Prevention; and
9. Pools must be operated in compliance with DHHS, MeCDC, Division of Environmental Health, Rules Relating to Public Swimming Pools and Spas.
The emergency rule and the entire Rules for the Licensing of Child Care Facilities are available on the Division of Licensing and Regulatory Services’ website at http://www.maine.gov/dhhs/dlrs/rulemaking/index.shtml. Call (207) 287-9250 to have a paper copy of the rule mailed to you.
EFFECTIVE DATE: June 1, 2007
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250. TOLL FREE: 1 (800) 791-4080
TTY TOLL FREE: 1 (800) 606-0215
FAX: (207) 287-5807
E-MAIL: peter.mauro@maine.gov



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE: Emergency RuleCh. 33, Rules for Family Child Care Providers.
ADOPTED RULE NUMBER: 2007-191
CONCISE SUMMARY The emergency rule will provide immediate emergency regulatory protection for children who participate in water activities while attending family child care licensed by Maine. The Department has reviewed current licensing rules and concluded that more specific regulatory language is needed for family child care licensees who provide swimming/wading activities for children. Accordingly, this emergency rule includes:
1. definitions of a swimming pool, wading pool and water safety attendant;
2. staff training requirements;
3. mandatory written parental permission for children to participate in swimming/wading activities;
4. posted pool safety rules; and
5. documented identification of children who are non-swimmers.
In addition, the emergency rule includes the following requirements:
6. Family child care providers must have a water safety attendant present during swimming/wading activities;
7. The water safety attendant does not count9 toward compliance with the staff-to-child ratios;
8. On-premises pools must be registered by the family child care provider with the DHHS Maine Center for Disease Control and Prevention; and
9. Pools must be operated in compliance with DHHS, MeCDC, Division of Environmental Health, Rules Relating to Public Swimming Pools and Spas.
The emergency rule and the entire Rules for Family Child Care Providers are available on the Division of Licensing and Regulatory Services’ website at http://www.maine.gov/dhhs/dlrs/rulemaking/index.shtml. Call (207) 287-9250 to have a paper copy of the rule mailed to you.
EFFECTIVE DATE: June 1, 2007
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250. TOLL FREE: 1 (800) 791-4080
TTY TOLL FREE: 1 (800) 606-0215
FAX: (207) 287-5807
E-MAIL: peter.mauro@maine.gov



AGENCY: 02-313 - Board of Dental Examiners (affiliated with the Department of Professional & Financial Regulation)
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions
ADOPTED RULE NUMBER: 2007-192
CONCISE SUMMARY: This repeals the current Ch. 1, Rules relating to Dental Hygienists, and replaces it with a list of definitions of specific language, acronyms, agency titles, etc. used throughout the remainder of the rules.
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Relating to Dental Hygienists
ADOPTED RULE NUMBER: 2007-193
CONCISE SUMMARY: This repeals the current Ch. 2, Rules relating to Dental Assistants, and places it with the current Ch. 1, Rules Relating to Dental Hygienists. However, the section on definitions has been omitted as definitions are now included in the currently proposed Ch. 1 Rules on Definitions. In addition, the rules expand the scope of practice of dental hygienists working under Public Health Supervision (PHS) status with the following additional allowable duties: 1) the application of topical antimicrobials (excluding antibiotics) for the purpose of bacterial reduction, caries control, and desensitization in the oral cavity; and 2) the placement of temporary fillings, including the protocols for placement. Finally, some minor clarification and housekeeping changes have been made.
CHAPTER NUMBER AND TITLE: Ch. 3, Rules Relating to Dental Assistants
ADOPTED RULE NUMBER: 2007-194
CONCISE SUMMARY: This repeals the current Rules Relating to the Practice of Denturism and replaces it with the current Ch. 2, Rules Relating to Dental Assistants. However, the section on definitions has been omitted as definitions are now included in the currently proposed Ch. 1 Rules on Definitions. In addition, it expands the scope of practice of dental assistants with the addition of allowable duties, both under the general and direct supervision of a dentist. Finally, it defines the duties that an Expanded Function Dental Assistant (EFDA) can perform, by certification only and under the direct supervision of a dentist, and outlines the EFDA certification requirements for an EFDA.
CHAPTER NUMBER AND TITLE: Ch. 4, Rules Relating to the Practice of Denturism
ADOPTED RULE NUMBER: 2007-195
CONCISE SUMMARY: This repeals the current rule which outlines the educational requirements for establishing a denture technology program in the State of Maine as it is not applicable, and replaces it with the current Ch. 2, Rules Relating to the Practice of Denturism. However, a few specific sections have been omitted, i.e. definitions, complaints, and continuing education, and have been added to other Board rules that pertain to those topics. Some housekeeping/formatting changes have also been made.
CHAPTER NUMBER AND TITLE: Ch. 5, Requirements for Licensure as a Denturist
ADOPTED RULE NUMBER: 2007-196
CONCISE SUMMARY: This repeals the current Ch. 5, Rules Relating to Lead Aprons, and replaces it with the establishment of Requirements for Licensure as a Denturist, which are currently defined in statute only.
CHAPTER NUMBER AND TITLE: Ch. 6, Rules for Approved Radiation Barriers
ADOPTED RULE NUMBER: 2007-197
CONCISE SUMMARY: This repeals the current Ch. 6, Rules Relating to Fees and replaces it with the current Ch. 5, Rules Relating to Lead Aprons. However, the title of the rule has been changed and the language has been revised, not to alter the content or intent, but to use more concise and appropriate dental technical terminology and to reference the appropriate statute.
CHAPTER NUMBER AND TITLE: Ch. 7, Licensing/Certification/Late Fees
ADOPTED RULE NUMBER: 2007-198
CONCISE SUMMARY: This repeals the current Ch. 7, Rules Relating to False and Misleading Advertising, and replaces it with the current Ch. 6, Rules Relating to Fees. However, it changes the title of the Ch. and also now includes the fees for dental radiographer registration and EFDA (Expanded Function Dental Assistant) certification.
CHAPTER NUMBER AND TITLE: Ch. 8, Advertising
ADOPTED RULE NUMBER: 2007-199
CONCISE SUMMARY: This repeals the current Ch. 8, Rules Relating to Complaints and replaces it with the current Ch. 7, Rules Relating to False and Misleading Advertising. However, the title of the rule has been changes and additional language has been added to make it more specific both in respect to the types of practices to which the rules apply, as well as the various advertising mediums.
CHAPTER NUMBER AND TITLE: Ch. 9, Complaints / Investigations / Unprofessional Conduct
ADOPTED RULE NUMBER: 2007-200
CONCISE SUMMARY: This repeals the current Ch. 9, Rules Relating to Licensure Requirements for Dental Radiographers, and replaces it with the current Ch. 8, Rules Relating to Complaints. In addition, language has been added pertaining to the following: 1) the title of the rule; 2) to define the Board’s authority in initiating investigations and complaints; 3) to add the prescribing of narcotics to oneself, a family member , or an domestic partner to the list under Section II for unprofessional conduct; 4) to better articulate the requirement for the release of patient records; 5) to add two items to the list of items that would constitute violations of sanitary and unsafe office conditions; 1.) failure of a dentist to ensure that nitrous oxide delivery meets the standards for controlling exposure; and b.) allowing animals in the dental practice; 6) to include the requirement that patient records be kept for a period of seven (7) years; and 7) to include the requirement of an approved radiation barrier before taking x-rays of the patient. Some minor housekeeping changes have also been made.
CHAPTER NUMBER AND TITLE: Ch. 10, Licensure Requirements for Dental Radiographers
ADOPTED RULE NUMBER: 2007-201
CONCISE SUMMARY: This repeals the current Ch. 10, Rules Relating to Requirements for Licensure for Dental Hygienists. and replaces it with the current Ch. 9, Rules Relating to Licensing Requirements for Dental Radiographers. In addition, a summary statement is now included, as well as the requirement of current CPR certification.
CHAPTER NUMBER AND TITLE: Ch. 11, Requirements for Licensure for Dental Hygienists
ADOPTED RULE NUMBER: 2007-202
CONCISE SUMMARY: This repeals the current Ch. 11, Rules Relating to Educational Requirements for Licensure [for dentists], and replaces it with the current Ch. 10, Rules Relating to Requirements for Licensure for Dental Hygienists. In addition, a summary statement is now included, housekeeping language has been added, and the addition of the words “or Canadian province” has been made under Section II.C. for Licensure by Endorsement to make it consistent with statute. Finally a three-year requirement of prior active clinical practice has been included, also to be consistent with statute.
CHAPTER NUMBER AND TITLE: Ch. 12, Requirements for Dental Licensure
ADOPTED RULE NUMBER: 2007-203
CONCISE SUMMARY: This repeals the current Ch. 12, Rules Relating to Continuing Dental Education, and replaces it with the current Ch. 11, Rules Relating to Educational Requirements for Licensure [for dentists]. In addition, the title of the rule has been changed to be more specific, a summary statement has been included, the entire Section III, Minimum Standards for Approved Curriculum in Dentistry has been deleted as it is outdated and obsolete, minor housekeeping changes have been made, and the requirement of current CPR certification has been added.
CHAPTER NUMBER AND TITLE: Ch. 13, Continuing Education
ADOPTED RULE NUMBER: 2007-204
CONCISE SUMMARY: This repeals the current Ch. 13, Rules for Use of General Anesthesia/Sedation by Dentists, and replaces it with the current Ch. 12, Rules Relating to Continuing Dental Education. In addition, some significant housekeeping and clarification language has been changed in order to make the rules more readable and concise, current CPR certification has been added as a requirement for licensure and license renewal for dental radiographers, the continuing dental education requirement for EFDA’s has been added, including current CPR certification, and the International Federation of Denturists has been added as an accepted sponsor for continuing dental education.
CHAPTER NUMBER AND TITLE: Ch. 14, Rules for Use of General Anesthesia/Sedation by Dentists
ADOPTED RULE NUMBER: 2007-205
CONCISE SUMMARY: This repeals the current Ch. 14, Rules Relating to Mortality or Life Threatening Situations in a Dental Office, and replaces it with the current Ch. 13, Rules Relating to the Use of General Anesthesia/Sedation by Dentists. In addition, the rules now contain a summary statement and the section on definitions has been eliminated as it is now contained in the newly proposed Ch. 1 Rules on Definitions. Some very minor housekeeping changes have also been made.
CHAPTER NUMBER AND TITLE: Ch. 15, Mortality or Life Threatening Situations in a Dental Office
ADOPTED RULE NUMBER: 2007-206
CONCISE SUMMARY: This establishes a new chapter by repealing the current Ch. 14, Rules relating to Mortality or Life Threatening Situations in a Dental Office, and placing it in this chapter. The title has also been changed, a summary statement has been included and minor language changes have been made in order to make it more specific.
EFFECTIVE DATE: May 22, 2007
AGENCY CONTACT PERSON: Teneale E. Johnson, Maine Board of Dental Examiners, # 143 State House Station, 161 Capitol Street, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333