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Home > Weekly Newspaper Notices > March 18, 2009

March 18, 2009

As posted in 5 daily Maine newspapers

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


AGENCY: 10-144 – Department of Health and Human Services, Maine Center for Disease Control and Prevention
RULE TITLE OR SUBJECT:  Rules Governing the Implementation of Hypodermic Apparatus Exchange Programs
CONCISE SUMMARY:  The Department of Health and Human Services proposes to implement these changes to the rules to reflect recent changes in legislation as well as changes in the policies and procedures of how these programs operate.  These include:
            1.  Updating “Bureau of Health” to read “Maine Center for Disease Control and Prevention”
            2.  Removing the 10 needle “cap” to “unlimited”
3.  Additional reporting requirements to include reporting on the number of clients of needle exchange who receive an HIV test as a result of participation, the number of clients who received clean needles without exchanging at initial enrollment, the number of needles distributed to these clients     
4.  To allow the exchange to begin with the distribution of clean needles without receiving any used needles at initial enrollment.  This would allow needle users to enroll in the needle exchange and receive clean needles without having any to exchange on the condition those needles were returned to the exchange.
PUBLIC HEARING:  None scheduled, but may be scheduled if requested in writing by five individuals, to the Agency Contact Person below.
AGENCY CONTACT PERSON:  James Markiewicz, HIV Prevention Program Manager, Maine CDC, HIV, STD and Viral Hepatitis Program, 286 Water Street, 9th Floor, Augusta, ME  04333
TELEPHONE: (207) 287-3715



AGENCY:  02-465 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Radiologic Technology Board of Examiners
Ch. 1, Application and Scope (repeal and replace)
Ch. 2, Definitions (repeal and replace)
Ch. 3, Advisory Rulings (repeal and replace)
Ch. 4, Licensure of Radiographers, Nuclear Medicine Technologists and Radiation Therapists (new)
Ch. 5, Temporary Licenses and Special Permits (new)
Ch. 6, Trainees for Limited Radiographer License (new)
Ch. 7, Limited Radiographer License (new)
Ch. 8, Scope of Practice (new)
Ch. 9, Initial Application, License Renewal and Continuing Education (new)
Ch. 10, Denial Appeals (new)
Ch. 11, Grounds for Disciplinary Action (new)
ADOPTED RULE NUMBER: 2009-88 through 2009-98
CONCISE SUMMARY:  The adopted rules repeal and replace the board rules that are currently in effect. The new rules define dual imaging devices that can be used in nuclear medicine technology; define the scope of supervision (direct or indirect) to be exercised over trainees at different stages of their training; discontinue the issuance of temporary licenses to new graduates prior to their application for full licensure; substantially revise the course of study and clinical training program for trainees for the limited radiographer license; limit the maximum duration of the limited radiographer traineeship to one year; prohibit persons from working as limited radiographer trainees after expiration of the 1-year training period; and describe the scope of practice of radiographers, nuclear medicine technologists, radiation therapists and limited radiographers.
EFFECTIVE DATE:  March 10, 2009
AGENCY CONTACT PERSON:  Penny Vaillancourt, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE:  (207) 624-8420

AGENCY:  10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE:  Ch. 331, #85R-A – TANF Worker Supplement
CONCISE SUMMARY:  DHHS proposed and attempted to implement this policy in the summer of 2008 but was unable to meet APA requirements and is therefore re-proposing it.
The amendments to policy contained in this proposed rule allow the Offices of Integrated Access and Support to establish a Worker Supplement Program at the Legislature's directive. This program will be in the form of a food benefit to individuals who are leaving the TANF Program due to increased earned income. The Worker Supplement Program will be called TANF Worker Supplement (TWS).
TWS is a food benefit in the amount of $100 per month for the first 12 months, $75 per month for the second 12 months and $50 per month for the third 12 months to eligible families whose TANF grant has ended due to increased earnings or hours of employment.
This rule will not have an adverse impact on small business.
EFFECTIVE DATE:  March 14, 2009
AGENCY CONTACT PERSON:  Dawn Mulcahey, TANF 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) 287-6897, TTY:  (800) 606-0215

AGENCY:  10-144 - Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapter III, Section 67, Principles of Reimbursement for Nursing Facilities
CONCISE SUMMARY:  The Department has permanently adopted rule changes for Chapter III, Section 67, Principles of Reimbursement for Nursing Facilities, in order to comply with budget appropriations for nursing facility reimbursement and State statute for conversion of nursing facility beds and medical director costs.  Specifically, the new rate methodology changes the base year from 1998 to 2005 to calculate direct care and routine care costs; the rule clarifies the impact of conversion of nursing facility beds to residential care beds; and the base year cost for medical director is increased from $1,200 to $10,000.  The Department also adopts changes that establish a new prospective per diem rate by adding a direct care regional cost component, hold harmless provision, and direct care add-on to the rule.  In addition, all providers will receive a one time payment for the time period between July 1, 2008 and December 15, 2008, which equitably distributes a portion of the money appropriated in the budget.  Other changes made in this rulemaking include the ability for the Department to waive administrator costs that are included under the management ceiling for smaller nursing facilities of forty (40) or fewer beds.   Other minor technical, format and grammatical changes were adopted.
See for rules and related rulemaking documents.
EFFECTIVE DATE:   March 15, 2009
AGENCY CONTACT PERSON:  Alyssa Morrison, Health Planner, Division of Policy , 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:  (207) 287-9342 FAX: (207) 287-9369, TTY: 1-800-423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)