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Home > Weekly Newspaper Notices > February 20, 2008

February 20, 2008

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: 12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 4, Rules Governing Occupational Safety and Health Grants and Loans
PROPOSED RULE NUMBER: 2008-P26
CONCISE SUMMARY: The purpose of this chapter is to ensure consistent administration of the procedures to be followed by the Bureau of Labor Standards and the Commission on Safety and Health in the Maine Workplace. l23rd Legislature, Public Law Ch. 395 repeals inactive Boards and Commissions, which includes sections of the Occupational Safety Loan Fund.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 26, MRSA, Ch. 4
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: March 24, 2008
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 623-7931



AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
PROPOSED RULE NUMBER: 2008-P27
CONCISE SUMMARY: Per statutory requirement, 32 MRSA Section 2158 changes ratio from 1 to 1 to 1 to 3 for instructor to pupil of CNA medication course when in clinical setting and allows for other assessment mechanisms in addition to Test of Adult Basic Education (TABE).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA Section 2102.2, Section 2153-A
PUBLIC HEARING: March 13, 2008 at 2:00 p.m. at 161 Capitol Street, Augusta
DEADLINE FOR COMMENTS: March 23, 2008
AGENCY CONTACT PERSON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133



AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
PROPOSED RULE NUMBER: 2008-P28
CONCISE SUMMARY: Operationalizes requirements for supervising nurse practitioners during the 24 month supervision period of new nurse practitioners and raises fee.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA Section 2102.2, Section 2153-A.
PUBLIC HEARING: March 13, 2008 at 2:30 p.m. at 161 Capitol Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 23, 2008
AGENCY CONTACT PERSON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 21, Shellfish Relaying
PROPOSED RULE NUMBER: 2008-P29
CONCISE SUMMARY: The Department of Marine Resources proposes to update Ch. 21, “Shellfish Relay”. The proposed updates would also provide compliance with the National Shellfish Sanitation Program (Model Ordinance) Ch. V., Shellstock Relaying.
RULE TITLE OR SUBJECT: Ch. 2.95, Water Quality Classifications and Shellfish Aquaculture;
Ch. 2.90(3)(C)(3), LPA - shellfish less than 25mm in size - citation correction; and
Ch. 22, Shellfish Culture in Closed Areas
PROPOSED RULE NUMBER: 2008-P30 and P31
CONCISE SUMMARY: The Department of Marine Resources proposes to move an updated version of Ch. 22 into Ch. 2. The proposed amendments would replace and update Ch. 22 “Shellfish Culture in Closed Areas” with Ch. 2.95 “Water Quality Classifications and Shellfish Aquaculture”, which would be compliant with the National Shellfish Sanitation Program (Model Ordinance), Ch. VI Shellfish Aquaculture.
STATUTORY AUTHORITY: 12 MRSA §6072 and §6856(4)
AGENCY CONTACT PERSONS: Amy Fitzpatrick (tel: 207-633-9554) and Samantha Horn Olsen (tel: 207-624-6554)
RULE TITLE OR SUBJECT: Ch. 2.05, Definitions, and Ch. 2.90, Limited-purpose aquaculture (LPA) license – Updates and Municipal LPA
PROPOSED RULE NUMBER: 2008-P32
CONCISE SUMMARY: Updates are proposed to the Limited-purpose aquaculture (LPA) license in accordance with the statutory change to allow municipal shellfish committees to obtain LPA licenses. Separate technical clarifications are also proposed to the LPA rules regarding application requirements.
STATUTORY AUTHORITY: 12 MRSA §6072-C
AGENCY CONTACT PERSONS: Diantha Robinson, tel: (207) 633-9500 or Laurice Churchill, tel: (207) 633-9584
PUBLIC HEARINGS*: Monday, March 10, 2008, 6:00 pm, Lincoln County Communication Center, Meeting Room (lower entrance behind the courthouse), Route 1, Wiscasset; Tuesday, March 11, 2008, 6:00 pm, City Hall Auditorium, One City Hall Plaza, Ellsworth; and Thursday, March 13, 2008, 6:00 pm, State Ferry Terminal (Conf. Rm), 517A Main St., Rockland
*Public hearings for 3 separate rulemakings will be held each night with each hearing to start immediately upon the conclusion of the previous hearing. The order will be Ch. 2.95 and Ch. 22 Water Quality Classifications and Shellfish Aquaculture, etc., next Ch. 21 Relay, then Ch. 2 LPA’s and Municipalities and technical changes. See separate rulemaking notices. Electronic copies with the proposed text may be obtained from the web site listed below; copies will be available at the hearings; or to request hard copies to be mailed please use the contact information listed.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: February 4, 2008
MAIL WRITTEN COMMENTS TO: Department of Marine Resources, 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 Amanda Beckwith, at (207) 287-7578


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: EMERGENCY RULE: Ch. 101, MaineCare Benefits Manual, Ch. II & III Section 65, Mental Health Services
ADOPTED RULE NUMBER: 2008-72
CONCISE SUMMARY: The Department of Health and Human Services is repealing Section 65.A.02.B. Day treatment Services for children as services are available under other Sections of the MaineCare Benefits Manual. This is necessary to meet the requirements of the December 18, 2007 order curtailing allotments, and pursuant to Title 5, MRSA §1668. These rules will remain in effect for 90 days while the Department promulgates rules to permanently remove this service.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: March 1, 2008 to May 29, 2008
AGENCY CONTACT PERSON: Ginger Roberts, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 490, Acquired Immune Deficiency Syndrome and Medical and Lifestyle Standards Rule
ADOPTED RULE NUMBER: 2008-73
CONCISE SUMMARY: These amendments are proposed to include changes brought on by LD 429 (PL 93).
EFFECTIVE DATE: February 13, 2008
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 10-144 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
ADOPTED RULE NUMBER: 2008-74
CONCISE SUMMARY. Adopted amendments. Chapter X and Chapter XII of 10144 CMR, Chapter 112, are amended to implement two Resolves. Resolve 2007, Chapter 88 mandated DHHS to amend its hospital licensing rules to require each hospital, once every calendar year, to provide individually to each registered nurse in its employ information about the Whistleblowers’ Protection Act, including a copy of the text of the Act. Resolve 2005, Chapter 164 mandated DHHS to amend its hospital licensing rules to require that records of images of a patient using x-rays, magnetic resonance imaging or computerized tomography must not be destroyed without prior notice of intent to destroy or purge such images. Hospitals may provide the required notice through publication in a newspaper that has broad circulation in the region served by the hospital or directly to the patient prior to or after taking the image.
Economic impact on small businesses. [Applies to businesses with 20 or fewer employees.] DHHS has determined that the proposed amended licensing rules implementing the legislatively mandated notice requirements (explained above) can be performed within the hospital’s resources and no economic impact statement is required.
EFFECTIVE DATE: February 20, 2008
AGENCY CONTACT PERSON: Catherine M. Cobb, Director, Division of Licensing and Regulatory Services, Medical Facilities Unit, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2979. TOLL FREE: 1 (800) 791-4080
TOLL FREE TTY: 1 (800) 606-0215
FAX: (207) 287-5807
E-MAIL: Catherine.Cobb@maine.gov



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 10, Determination of Assessments
ADOPTED RULE NUMBER: 2008-75
CONCISE SUMMARY: This rule change allows the Maine Health Data Organization to collect an annual assessment fee from Pharmacy Benefits Managers that process and pay pharmacy claims for Maine residents. This rule change also corrects the definition of a health care facility as it pertains to federally qualified health centers.
This rule is not expected to have any adverse economic impact on small businesses.
EFFECTIVE DATE: February 17, 2008
CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722



AGENCY: 14-118 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations for Licensing and Certifying of Substance Abuse Treatment Programs
ADOPTED RULE NUMBER: 2008-76
CONCISE SUMMARY: The federal SAMHSA [U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration] Co-occurring State Infrastructure Grant (COSIG) is helping Maine develop an infrastructure that will make it possible for providers to offer integrated, co-occurring treatment services. The COSIG grant helped the Department to develop a regulatory, fiscal and policy framework that will support universal, co-occurring competent practice statewide. Specifically, this will help the Department provide substance abuse treatment agencies throughout the state with greater resources and incentives needed to consistently and fully treat clients with co-occurring treatment needs. This will be accomplished through the incorporation of several new co-occurring disorder-related definitions; language describing personnel record-keeping and staff credentialing requirements; clarified requirements relating to coordination of client care and collaboration among a client's different treatment providers and components; clarified criteria for granting waivers for opiate treatment programs; various other programmatic changes; and numerous technical, non-substantive changes relating to section numbering, intra-Departmental agency name changes, spelling, and usage.
EFFECTIVE DATE: February 29, 2008
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) 287-9254. TOLL FREE: 1 (800) 791-4080
TOLL FREE TTY: 1 (800) 606-0215
FAX: (207) 287-9252
E-MAIL: peter.mauro@maine.gov