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Home > Weekly Newspaper Notices > February 18, 2009

February 18, 2009

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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS



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 5, Ambulance Services and Allowances for Ambulance Services
PROPOSED RULE NUMBER: 2009-P33
CONCISE SUMMARY: The proposed changes to this section increase Ambulance Services base rates that will include ancillary services. Ancillary Services, which include oxygen, oxygen administration supplies such as disposable oxygen masks, intravenous therapy, EKG, endotracheal intubation, pulse oximetry, telemetry and defibrillation, will no longer be billed separately. RN services will also no longer be billed separately as the base rate for Specialty Care Transport has been increased. A definition of Specialty Care Transport has been added. Other proposed changes to this section of policy are being made so only HIPAA compliant codes will be utilized and to update policy language.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42 and §3173
PUBLIC HEARING: March 11, 2009, 9:00 a.m. to 1:00 p.m., Conference Room #3, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed above no later than February 27, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight March 23, 2009.
AGENCY CONTACT PERSON FOR THIS FILING: Darrell S. Wood, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-6348
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Darrell.S.Wood@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


ADOPTIONS



AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration (OLR), Propane and Natural Gas Board
CHAPTER NUMBER AND TITLE: Ch. 5, Installation Standards
ADOPTED RULE NUMBER: 2009-50
CONCISE SUMMARY: This chapter incorporates various NFPA (National Fire Protection Association) codes into the board's rules by reference. The amendments to this chapter update NFPA 54, 58, 59, 59A and 211 to their most recent published editions. The amendments also delete NFPA 30, 501, 501A, 1192 and ASME (American Society of Mechanical Engineers) Code CSD-1 from this chapter. The reason for the deletion is that the board does not regulate the subject matter of these codes. This latter group of codes will no longer be incorporated by reference into the board's rules. Consistent with rule changes adopted by the Oil and Solid Fuel Board effective February 3, 2008, the amendments also except from NFPA 211 certain provisions relating to inspection of chimneys. In addition, Sections 1(B) and (C) of this chapter (prohibition against use of unvented heaters; phase-in period for cylinder recertification) have been re-written as exceptions to specific code provisions, but without any substantive change.
EFFECTIVE DATE: February 14, 2009
AGENCY CONTACT PERSON FOR THIS FILING: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605
E-MAIL: Cheryl.C.Hersom@Maine.gov
RULE-MAKING LIAISON FOR OLR AS A WHOLE: Jeffrey.M.Frankel@Maine.gov



AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Adult Policy & Procedures Manual, Subsection 24.3, Religious Services, General Guidelines
ADOPTED RULE NUMBER: 2009-51
CONCISE SUMMARY: Pursuant to the statute, 34-A MRSA §3048, this rule governs religious practices for prisoners within the Maine Department of Corrections.
EFFECTIVE DATE: February 15, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04330
TELEPHONE: (207) 287-4681
E-MAIL: Esther.Riley@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 45.05(1)(A)(2), Shrimp Season, 2008 – 2009
ADOPTED RULE NUMBER: 2009-52
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2008– 2009 shrimp season. The season takes place from December 1, 2008 through May 29, 2009. The season for the harvest of shrimp by trawl and by trap has the same dates.
CHAPTER NUMBER AND TITLE: Ch. 75.02(A), Trap/Pot Fisheries Gear Restrictions
ADOPTED RULE NUMBER: 2009-53
CONCISE SUMMARY: The adopted rules delete the ‘‘neutrally buoyant line’’ term from the regulations, so that only the ‘‘sinking line’’ term would remain. The definition of “sinking line” has been added to the Sliver Area and Federal waters sections for trap/pot fisheries. These rules require that ground lines must be composed entirely of sinking line in the Sliver Area and Federal waters for trap/pot fisheries. This rulemaking would provide for consistency and 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 and would become effective April 5, 2009.
Additionally, persons who fish the “trap/pot fisheries (including but not limited to all crab species, hagfish, finfish, whelk, and shrimp)” has been added to “persons who fish lobster gear” in the universal requirements section for coastal waters in section 75.02(A)(1), which requires no floating line at the surface and no wet storage of gear over 30 days.
EFFECTIVE DATE: February 16, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: 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



AGENCY: 02-313 - Maine Board of Dental Examiners (affiliated with the Department of Professional and Financial Regulation)
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions
ADOPTED RULE NUMBER: 2009-54
CONCISE SUMMARY: The changes to Ch. 1 will provide a definition for “Teledentistry.”
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Relating to Dental Hygienists
ADOPTED RULE NUMBER: 2009-55
CONCISE SUMMARY: The changes to Ch. 2 will specify that the dentist must decide which patients receive nitrous oxide, how often nitrous oxide equipment needs to be calibrated, and what type of documentation is required regarding the patient’s condition prior to his/her discharge.
CHAPTER NUMBER AND TITLE: Ch. 3, Rules Relating to Dental Assistants
ADOPTED RULE NUMBER: 2009-56
CONCISE SUMMARY: The changes to Ch. 3 will specify the grade required to pass the jurisprudence examination for an EFDA certificate, and permit a dentist to allow an EFDA to use a high-speed hand piece to contour or finish newly-placed composite materials.
CHAPTER NUMBER AND TITLE: Ch. 5, Requirements for Licensure as a Denturist
ADOPTED RULE NUMBER: 2009-57
CONCISE SUMMARY: The changes to Ch. 5 will remove references to an accrediting body for post-secondary denturist education, specify the grade required to pass the denturist Jurisprudence Examination, and delineate the requirements for licensure, requirements for reinstating a license and for re-entering the profession of Denturism.
CHAPTER NUMBER AND TITLE: Ch. 6, Rules for Radiation Barriers
ADOPTED RULE NUMBER: 2009-58
CONCISE SUMMARY: The changes to Ch. 6 will delete all references to “ADA-approved” radiation barriers.
CHAPTER NUMBER AND TITLE: Ch. 7, Licensing/Certification/Late Fees
ADOPTED RULE NUMBER: 2009-59
CONCISE SUMMARY: The changes to Ch. 7 will update this chapter concerning the fees for all categories of licenses, certifications, and permits issued by the Board.
CHAPTER NUMBER AND TITLE: Ch. 9, Complaints/ Investigations/ Unprofessional Conduct
ADOPTED RULE NUMBER: 2009-60
CONCISE SUMMARY: The changes to Ch. 9 will remove references of “ADA-approved” where they don’t apply, require that all licenses, permits, and certificates be publicly displayed, and specifically add violations of applicable standards of care to the definition of “unprofessional conduct”.
CHAPTER NUMBER AND TITLE: Ch. 10, Licensure Requirements for Dental Radiographers
ADOPTED RULE NUMBER: 2009-61
CONCISE SUMMARY: The changes to Ch. 10 will specify the grade needed to pass the dental radiographer Jurisprudence Examination, and will also specify the requirements for reinstatement of a dental radiography license.
CHAPTER NUMBER AND TITLE: Ch. 11, Requirements for Licensure as Dental Hygienists
ADOPTED RULE NUMBER: 2009-62
CONCISE SUMMARY: The changes to Ch. 11 will specify the requirements for licensure when re-entering the profession, provide the Board or Sub-Committee the ability to waive an interview, require that an applicant provide proof of CPR certification, specify the passing grade for the dental hygiene Jurisprudence Examination, and insert references as needed to the Subcommittee on Dental Hygienists.
CHAPTER NUMBER AND TITLE: Ch. 12, Requirements for Dental Licensure
ADOPTED RULE NUMBER: 2009-63
CONCISE SUMMARY: The changes to Ch. 12 specify the requirements for licensure when re-entering the profession, provide the Board the ability to waive an interview, and specify the passing grade for the dentist Jurisprudence Examination.
CHAPTER NUMBER AND TITLE: Ch. 13, Continuing Education
ADOPTED RULE NUMBER: 2009-64
CONCISE SUMMARY: The changes to Ch. 13 clarify the amount of credits that can be claimed for dental post-graduate training, and add continuing education requirements for an Independent Practice Dental Hygienist.
CHAPTER NUMBER AND TITLE: Ch. 14, Rules for Use of Sedation and General Anesthesia by Dentists
ADOPTED RULE NUMBER: 2009-65
CONCISE SUMMARY: The changes for Ch. 14 will update the rule to comport with recent changes made by the American Dental Association regarding to Minimal, Moderate, and Deep Sedation and General Anesthesia. All previous language will be replaced.
EFFECTIVE DATE: February 11, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Teneale E. Johnson, Maine Board of Dental Examiners, 143 State House Station, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333
E-MAIL: Teneale.E.Johnson@Maine.gov



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 125, Health Care Information that Directly Identifies an Individual
ADOPTED RULE NUMBER: 2009-66
CONCISE SUMMARY: This rule is being changed to remove the insured’s health insurance group number from the list of confidential health care information that is deemed to be direct identifiers of individuals and is directly related to the proposed change to Maine Health Data Organization rule, Ch. 120, Release of Data to the Public. This rule is not expected to have any adverse economic impact on small business.
See www.maine.gov/mhdo for MHDO adopted rules.
EFFECTIVE DATE: February 17, 2009
CONTACT PERSON / AGENCY RULE-MAKING LIAISON: Debbie Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722
E-MAIL: Debra.J.Dodge@Maine.gov