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Home > Weekly Newspaper Notices > July 23, 2008

July 23, 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: 10-144 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Medical Facilities Unit
RULE TITLE OR SUBJECT: Repeal and replace: Sentinel Events Reporting Rules
The new 10-144 C.M.R. Ch. 114, Rules Governing the Reporting of Sentinel Events, replaces the repealed sentinel events reporting provisions in:
10-144 C.M.R. Ch. 118, Regulations Governing the Licensing and Functioning of Intermediate Care Facilities for Persons with Mental Retardation [ICF-MR];
10-144 C.M.R. Ch. 125, Regulations Governing the Licensing of Ambulatory Surgical Facilities;
10-144 C.M.R. Ch. 126, Regulations Governing the Licensing and Functioning of End Stage Renal Disease Units/Facilities [ESRD]; and
10-144 CMR Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine [This notice also includes proposed hospitals rules.]
Repeal and replace: Hospital Licensing Rules: 10-144 CMR Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
PROPOSED RULE NUMBER: 2008-P151 through P155
CONCISE SUMMARY:
Sentinel Events Reporting Rules. To reduce redundancy and streamline the rules, the new freestanding sentinel events reporting rules consolidate and replace the repealed sentinel events reporting provisions in 10-144 Ch. 112, 118, 125, and 126. The new sentinel events reporting rules introduce several proposed changes. Additional terms are defined, such as root cause analysis. Clarification regarding the reporting of rape is new and will assist providers to determine when a report is required. Clarification is also made with regard to who makes a final determination that an event is reportable. Section 2.7 requires an annual statement from health care facilities affirming that sentinel events that occurred during the prior calendar year were reported to the Sentinel Events Team (SET) in accordance with Section 2.2.
Hospital Licensing Rules. The proposed rules replace the current hospital licensing rules. Public Law 2007, Ch 314 streamlined the hospital survey process. Hospitals are exempt from state inspection requirements if they are federally certified by the Centers for Medicare and Medicaid Services [CMS] for participation in the federal Medicare program and hold full accreditation status by a health care facility accrediting organization recognized by CMS. Certified hospitals that are not accredited are subject to state inspection every 3 years. All hospitals remain subject to a state inspection in response to a complaint, suspected violation of hospital licensing laws and rules or suspected violation of the CMS conditions of participation. All hospitals remain subject to inspection to determine compliance with building codes, fire codes, life safety codes and for other similar purposes. At the hospital’s request, the Department may review a hospital’s architectural plans and a fee may be charged. Pursuant to Public Law 2007, Ch 324 hospital licenses may be renewed for up to 24 months. The rules are renamed “Rules for the Licensing of Hospitals”.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
Economic impact on small businesses. [Applies to businesses with 20 or fewer employees.] Sentinel Events Reporting Rules. DHHS has determined that a new freestanding rule, 10-144 Ch 114 Regulations Governing the Reporting of Sentinel Events, that replaces the repealed sentinel events reporting provisions in 10-144 Ch. 112, 118, 125, and 125 can be implemented within the providers resources and no economic impact statement is required. Hospital Licensing Rules. DHHS has determined that the proposed hospital licensing rules will reduce the hospital’s cost of compliance because there are fewer inspections and the standards are aligned with the federal CMS conditions of participation. These rules can be implemented within the provider’s resources and no economic impact statement is required.
STATUTORY AUTHORITY: 22 MRSA §42; 22-A MRSA §205; 22 MRSA Ch. 1684; Public Law 2007, Ch. 314 and 324; and 22 MRSA Ch. 405.
PUBLIC HEARING: Monday, August 11, 2008 at 10 a.m., Conference Room, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, Maine
DEADLINE FOR COMMENTS: Thursday, August 21, 2008 at 5 p.m.
AGENCY CONTACT PERSON: Anne Flanagan, Assistant Director, Division of Licensing and Regulatory Services, 11 State House Station, 41 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
FAX: (207) 287-5815
1 (800) 791-4080
TTY: 1 (800) 606-0215
E-MAIL: Anne.Flanagan@maine.gov



AGENCY: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 159, Rules Governing the Administration of the Permanent, Semipermanent Semitrailer Registration Programs
PROPOSED RULE NUMBER: 2008-P156
CONCISE SUMMARY: The purpose of this rule amendment is to amend the procedures for the management of permanent, and semipermanent trailer registration programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 29-A §512
PUBLIC HEARING: August 13, 2008 @ 1:30 p.m., Bureau of Motor Vehicles, 101 Hospital St., Augusta, ME 04333
DEADLINE FOR COMMENTS: August 25, 2008
AGENCY CONTACT PERSON: Garry Hinkley, Director Vehicle Services Division, Maine Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9055
E-MAIL: garry.hinkley@maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 8.20(O), Landings Program, Harvester Reporting, Scallop Harvest
PROPOSED RULE NUMBER: 2008-P157
CONCISE SUMMARY: The Department of Marine Resources proposes rules to institute trip level reporting of harvest by scallop harvesters. The proposed rules would apply to persons that hold a scallop hand fishing, scallop dragging or noncommercial scallop license. The Scallop Advisory Council voted unanimously on June 14, 2007 to require mandatory harvester reporting to improve the stock assessment information used to manage Maine’s scallop fishery. An electronic copy of the entire Chapter 8 Landings Program rules is available online at: http://www.maine.gov/sos/cec/rules/13/188/188c008.doc. An electronic copy of this proposal is available at the web site listed below.
RULE TITLE OR SUBJECT: Ch. 11.04, Dragging for scallops in Jonesport Area and technical changes
PROPOSED RULE NUMBER: 2008-P158
CONCISE SUMMARY: The proposed amendments would enact a drag width restriction of 5 feet, 6 inches and a head bail diameter restriction (not greater than two inch round steel stock) for use in the Jonesport area. The intent is to prevent the use of heavy drags which create greater disturbance of bottom sediments, thereby contributing positive conservation benefits to the scallop resource. This proposal was recommended by the Scallop Advisory Council.
Separate technical changes would include 1) amending the citations in section 11.10(B) to correctly refer to the statute on scallop size; and 2) adding a reference to reporting requirements if separate rules for reporting are adopted.
AGENCY CONTACT PERSON: Togue Brawn (207-624-6558)
STATUTORY AUTHORITY: 12 MRSA §6171, §6173
PUBLIC HEARINGS:
August 12, 2008, 6:00 p.m.*, University of Maine at Machias, Portside in Kimball Hall, 9 O’Brien Ave., Machias
August 14, 2008, 6:00 p.m., State Ferry Terminal (Conference Room), 517A Main Street, Rockland
*A public hearing for proposed amendments in Ch. 11 will begin immediately upon conclusion of the hearing for Ch. 8.20(O) Scallop Harvester reporting August 12th (see separate rulemaking notices above).
HEARING FACILITIES: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.

DEADLINE FOR WRITTEN COMMENTS: August 25, 2008. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO: DMR, attn.: L. Churchill, PO Box 8, West Boothbay Harbor, ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
E-MAIL: laurice.churchill@maine.gov
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1.02, Ice Fishing Regulations - Long Lake, Aroostook County
PROPOSED RULE NUMBER: 2008-P159
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following fishing regulation:
Long Lake, Aroostook County -- Open to fishing for smelt and cusk from sunset to sunrise from the time ice forms in the fall through March 15; open to fishing for all fish January 15 through March 15
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: August 14, 2008, Knights of Columbus Hall, St. Agatha - 6:30 p.m.
DEADLINE FOR COMMENTS: August 25, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-004
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 171, The Administration of the Unified Carrier Registration Agreement
PROPOSED RULE NUMBER: 2008-P160
CONCISE SUMMARY: This chapter outlines the procedures and standards governing Maine’s participation in the Unified Carrier Registration Agreement pursuant to 29-A MRSA §551.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §551
PUBLIC HEARING: August 11, 2008 at 9:00 a.m., Bureau of Motor Vehicles – Executive Conference Room, 101 Hospital Street, Augusta, ME
DEADLINE FOR COMMENTS: August 22, 2008
AGENCY CONTACT PERSON: Francis Fox, Bureau of Motor Vehicles – Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9056
E-MAIL: francis.fox@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III:
Section 58, Licensed Clinical Social Worker, Licensed Clinical Professional Counselor and Licensed Marriage and Family Therapist Services
Section 65, Mental Health Services
Section 100, Psychological Services
Section 111, Substance Abuse Treatment Services and a replacement with Section 65 which will now be titled Behavioral Health Services.
PROPOSED RULE NUMBER: 2008-P161
CONCISE SUMMARY: The proposed rule consolidates Outpatient Services under one Section of the MaineCare Benefits Manual, ensuring better coordination of services. Emergency Services, which used to be covered as a stand alone service, has been incorporated into Outpatient services. Comprehensive Assessment, which was incorporated into Outpatient Services, is being covered and coded for reimbursement as a stand alone service. This rulemaking also adds proration language for partial months of Children’s Assertive Community Treatment (ACT) in Chapter II. Crisis Services have been renamed and redefined to better reflect current services being provided. Child and Family Behavioral Health Treatment and Community Based Treatment for Children Without Permanency have been merged into one service and renamed Children’s Home and Community Support Services for better coordination. Collateral contacts have also been added as a stand alone service for children who receive Children’s Home and Community Support Services. Independent providers not employed by a Mental Health Agency will be able to provide within the scope of their licensure and be reimbursed for services provided to MaineCare members. Additionally, the Chapter III of this new Section will contain HIPAA compliant coding. Other than providers of these specific services, this rule is not expected to fiscally impact or create new recording burdens for other small businesses and is not expected to yield new costs for municipal or county governments.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173, P.L. 2007, Ch. 539, Part JJJ, and Resolve 2005, Ch. 203
PUBLIC HEARING: Monday, August 11, 2008, 12:30-3:30 p.m., Conference Room # 1A&B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 4, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday August 21, 2008.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 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 or Hard of Hearing)
E-MAIL: ginger.roberts-scott@maine.gov


ADOPTIONS



AGENCY: 02-032 - Department of Professional and Financial Regulation, Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 515, Investment Adviser Licensing
ADOPTED RULE NUMBER: 2008-312
CONCISE SUMMARY: This rule, which replaces the section of Ch. 515 governing investment advisers with custody of client assets, greatly narrows the circumstances under which custodial advisers are required to have potentially expensive audits and achieves greater uniformity with analogous federal and model state rules as well as with Maine trust law.
EFFECTIVE DATE: July 19, 2008
AGENCY CONTACT PERSON: Stephen L. Diamond, Office of Securities, 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551
E-MAIL: Steven.L.Diamond@maine.gov



AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 182, Formula for Distribution of Funds to Child Development Services Regional Sites (Emergency)
ADOPTED RULE NUMBER: 2008-313
CONCISE SUMMARY: The rule governs the distribution of annual grant awards from available funds to regional intermediate educational units in accordance with a funding formula to ensure the provision of Child Find, early intervention services for eligible children birth to under age 3, and special education and related services for eligible children three to under age 6 with disabilities and their families.
The Administration and directs services pods within the regulation have been changed to be based on concepts of per child costs comparable to the Essential Programs and Services formula for the public schools. The Child Find / Case management pod has been changed to reflect a specific child/staff ratio for children B-2 and for 3-5 year olds.
EFFECTIVE DATE: July 15, 2008
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station #23, Augusta, Maine 04333
TELEPHONE: (207) 624-6669
E-MAIL: jaci.holmes@maine.gov



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 26.07(1), Sea Urchin Harvesting Season 2008-2009 – Zone 1
ADOPTED RULE NUMBER: 2008-314
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2008-2009. The Department adopts a 10 day season for divers, trappers, rakers and draggers in 2008-2009, which was the same length of season in 2007-2008. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 10 days in September or 10 days in December.
CHAPTER NUMBER AND TITLE: Ch. 26.07(2), Sea Urchin Harvesting Season 2008-2009 – Zone 2
ADOPTED RULE NUMBER: 2008-315
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA §6171, §6171-A, and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2008-2009. The Department adopts a 45 day season for divers, trappers, rakers and draggers in 2008-2009, which was the same length of season in 2007-2008.
CHAPTER NUMBER AND TITLE: Ch. 75, Protected Resources and Chapter 25.20, Protected Resources (moved to Ch 75)
ADOPTED RULE NUMBER: 2008-316
CONCISE SUMMARY: These regulations adopt gear restrictions for consistency and for compliance with the federal requirements in the NOAA Fisheries Service Atlantic Large Whale Take Reduction Plan (ALWTRP) Final Rule in accordance with the Marine Mammal Protection Act. The various gear restrictions apply to trap and pot fisheries (including but not limited to all crab species, hagfish, finfish, whelk, and shrimp), plus gillnet fisheries inside the Maine Sliver Area and federal waters. The protected resource rules formerly in lobster and crab regulations Chapter 25.20 are moved into Chapter 75.
EFFECTIVE DATE: July 22, 2008
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
E-MAIL: laurice.churchill@maine.gov



AGEN CY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 156, CO2 Budget Trading Program
ADOPTED RULE NUMBER: 2008-317
CONCISE SUMMARY: These amendments reflect changes to the CO2 Budget Trading Program made by the Legislature, including the addition of Voluntary Renewable Energy credits.
CHAPTER NUMBER AND TITLE: Ch. 158, CO2 Budget Trading Program Auction Provisions
ADOPTED RULE NUMBER: 2008-318
CONCISE SUMMARY: This regulation establishes the auction provisions for the CO2 Budget Trading Program.
Copies of the final rules can be found at http://www.maine.gov/dep/air/regulations/recentlyadopted.htm.
EFECTIVE DATE: July 22, 2008
AGENCY CONTACT PERSON: Andrea Lani, Maine DEP Bureau of Air Quality, State House Station 17, Augusta, ME 04353
TELEPHONE: (207) 287-2437
E-MAIL: andrea.lani@maine.gov



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, Behavioral Health Services
ADOPTED RULE NUMBER: 2008-319 (Emergency)
CONCISE SUMMARY: The emergency rule repeals Sections 58, Licensed Clinical Social Worker, Licensed Clinical Professional Counselor and Licensed Marriage and Family Therapist Services; Section 65, Mental Health Services; Section 100, Psychological Services; and Section 111, Substance Abuse Treatment Services and replaces them with one consolidated rule which will now be known as Section 65, Behavioral Health Services. There will be no public hearing with this emergency rule. The Department will hold a public hearing as part of the rulemaking that will permanently adopt these emergency rules. P. L. 2007, ch. 539, Part JJJ authorizes the Department to file these emergency rules.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 1, 2008
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy and Performance Services, 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)
E-MAIL: ginger.roberts-scott@maine.gov



AGENCY: 12-597 - Maine Department of Labor, Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 2, The Competitive Skills Scholarship Program
ADOPTED RULE NUMBER: 2008-320
CONCISE SUMMARY: The proposed rule amends the definition of marketable post secondary degree in Section 1 of the rule to clarify the instances in which a postsecondary degree is considered to be not marketable and to clarify that individuals with licenses and certificates that permit them to work in an occupation that is already deemed to be high wage and in demand is considered to have a marketable post secondary degree. The proposed rule also amends Section 6 of the rule to clarify that the Competitive Skills Scholarship Program does not assist people with graduate level education.
EFFECTIVE DATE: July 23, 2008
AGENCY CONTACT PERSON: Auta Main, Maine Department of Labor, 55 State House Station, Augusta, ME 04333
TELEPHONE: (207) 623-7975
E-MAIL: auta.m.main@maine.gov