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Home > Weekly Notices > December 2, 2009

December 2, 2009

WEEKLY NOTICES 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: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations
RULE TITLE OR SUBJECT: Ch. 330, License Fees to Manufacture and Sell Food & Beverages
PROPOSED RULE NUMBER: 2009-P332
CONCISE SUMMARY: The 124th Legislature passed an amendment to Maine Revised Statute Title 22, Ch. 562-A, Preparation of Livestock and Poultry Products for Human Consumption, to exempt producers of poultry with less than 1,000 birds to slaughter and sell their poultry without continuous inspection, and to establish requirements for the physical facilities and sanitary processes used by poultry producers whose products are exempt from continuous inspection under 22 MRSA Ch. 562-A.
The proposed changes in Ch. 330 set forth a license category and fees regarding proposed rule Ch. 348: Poultry Slaughter and Processing with Grower/Producer Exemption.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 2517-C and 22 MRSA §2168, 5, as amended by the 123rd Legislature, P.L. 539, 2167, 2514, sub-§5.
PUBLIC HEARING: December 21, 2009. To immediately follow public hearing regarding Ch. 348, Poultry Slaughter and Processing with Grower/Producer Exemption: Department of Agriculture, Food & Rural Resources, Deering Building, Room 319, 90 Blossom Lane, Augusta Maine 04330.
DEADLINE FOR COMMENTS: December 31, 2009
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841
E-MAIL: Hal.Prince@Maine.gov
URL: http://www.maine.gov/agriculture/index.shtml
DEPARTMENT OF AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations
RULE TITLE OR SUBJECT: Ch. 348, Poultry Slaughter and Processing with Grower/Producer Exemption
PROPOSED RULE NUMBER: 2009-P333
CONCISE SUMMARY: The proposed rule sets forth requirements for Grower/Producers of less than 1,000 birds to slaughter, process and sell their poultry in Maine. The rule establishes requirements for the physical facilities and sanitary processes used by poultry producers whose products are exempt from continuous inspection under 22 MRSA Ch. 562-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §2517-C
PUBLIC HEARING: December 21, 2009, 10:00 a.m., Department of Agriculture, Food & Rural Resources, Deering Building, Room 319, 90 Blossom Lane, Augusta Maine 04330
DEADLINE FOR COMMENTS: December 31, 2009
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841
E-MAIL: Hal.Prince@Maine.gov
URL: http://www.maine.gov/agriculture/index.shtml
DEPARTMENT OF AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 415, Reasonable Costs for the Handling and Recycling of Electronic Wastes
PROPOSED RULE NUMBER: 2009-P334
CONTACT PERSON FOR THIS FILING: Carole Cifrino, Maine DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7720. Fax: 207-287-6220. E-mail: Carole.A.Cifrino@Maine.gov.
URL: http://www.maine.gov/dep/rwm/rules/rulemaking.htm
PUBLIC HEARING: A public hearing is not planned. Written requests for a hearing must be received by the comment deadline below.
COMMENT DEADLINE: January 4, 2010. Comments may be submitted by mail, e-mail or fax. To ensure the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: Maine’s Electronic Waste law requires manufacturers to finance the “reasonable costs” of transportation from collection sites, handling, and environmentally sound recycling of household e-waste. The process and criteria for determining reasonable costs are set forth in Ch. 415. The proposed revisions implement recent statutory changes and clarify the responsibilities of manufacturers, consolidators, and the department to ensure that the recycling of covered electronic wastes is performed in an environmentally protective manner in accordance with all applicable laws and regulations and adequately funded by the manufacturers. The revisions proposed to implement statutory changes include: clarification of definitions, streamlining of submittal requirements for manufacturers, the addition of desktop printers and game consoles as products subject to the manufacturer responsibility requirements, and a change in the financing basis for televisions from “return share” (actual weight of a manufacturer’s product recycled) to “market share” (a percentage of the total weight of the product recycled). Other revisions include: clarification of the application process for consolidators, simplification of consolidator handling responsibilities, clarification of consolidator and manufacturer responsibilities when a manufacturer selects its recycler, and clarification that consolidators may impose a finance charge on invoiced amounts outstanding for more than 90 days.
IMPACT ON MUNICIPALITIES OR COUNTIES. None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1610.10
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 29, Community Support Benefits for Members with Mental Retardation and Autistic Disorder
PROPOSED RULE NUMBER: 2009-P335
CONCISE SUMMARY: The proposed rule amends §29 of Ch. II and III of the MaineCare Benefits Manual by eliminating the Behavioral Add-on rate enhancement for providers of Community Support, Employment Specialist and Work Support Services. Additionally, the rates for Community Support, Employment Support Specialist and Work Support Services are being reduced by eight cents ($0.08) per unit to conform with the current rates for these services under §21, Ch. III, Home and Community Benefits for Members with Mental Retardation of Autistic Disorder.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: Tuesday, December 22, 2009, 1:00 p.m., Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before December 10, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight Thursday, January 1, 2010
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
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 05-071 – Department of Education (DOE)
RULE TITLE OR SUBJECT: Ch. 101, Maine Unified Special Education Regulation Birth to Age Twenty
PROPOSED RULE NUMBER: 2009-P336
CONCISE SUMMARY: This proposed rulemaking makes five different sets of changes to the Maine Unified Special Education Regulation Birth to Age Twenty: 1) pursuant to state legislative action – extended school year and evaluation provisions are being modified, 2) pursuant to the U.S. Department of Education, Office of Special Education Programs, with regard to the Part C (0-2) Program, specific federal language has been added for: comprehensive, multidisciplinary, interagency system; definition of homeless child; implementation of child find for child identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal exposure; transition at age three; early intervention services based upon scientifically based research; assistive technology; and qualified personnel; and 3) pursuant to U.S. Department of Education final regulations for Part B(3-20) a new definition component for parental consent has been added which needs to be in the procedural safeguards, 4) pursuant to the Department’s intent to not exceed minimum federal requirements and to address cost containment through fidelity of implementation in the following areas: postsecondary transition will begin at age 16, the statute of limitations for due process hearings will be changed to the federal standard of two years, the stay put provision will only apply to due process, not complaint investigations or stand alone mediations, refinement to the program approval process, and refinement of the monitoring to delete the reference to a cycle of on-site reviews, change the timeline for evaluations for children 3-5 to the State policy of 45 school days to complete assessments (which is already in place for school age 5-20), add a data based procedure for eligibility determination, refined the criteria for change in eligibility , permit educational technician IIIs to provide tutorial services, and refined the implementation of the primary service provider model and 5) to add or refine for clarity and consistency of procedures: enhance the transition from the CDS system to the public school with the addition of the specific procedural steps that have been included in the Commissioner’s administrative letter #25, remove the definition of collateral contact which is a Medicaid tern and not a covered service under IDEA, and to provide a definition of diagnostic impression for clarity of understanding.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §7005 (1) and the federal IDEA Statute 20 USC §1407(a)
PUBLIC HEARING: December 21, 2009, 10-12 noon , Room 541 Cross State Office Building
DEADLINE FOR COMMENTS: December 31, 2009
AGENCY CONTACT PERSON: Joanne C. Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-6669
E-MAIL: Jaci.Holmes@Maine.gov
URL: http://www.maine.gov/education/index.shtml
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov



PROPOSED RULEMAKING TO BE PROVISIONALLY ADOPTED
AGENCY: 05-071 – Department of Education (DOE)
RULE TITLE OR SUBJECT: Ch. 101, Maine Unified Special Education Regulation Birth to Age Twenty
PROPOSED RULE NUMBER: 2009-P337 (Major substantive)
CONCISE SUMMARY: This emergency rulemaking makes changes to the Maine Unified Special Education Regulation Birth to Age Twenty pursuant to the Department’s intent to not exceed minimum federal requirements and to address cost containment and efficiencies through fidelity of implementation in the following areas: postsecondary transition will begin at age 16, the statute of limitations for due process hearings will be changed to the federal standard of two years, the stay put provision will only apply to due process, not complaint investigations or stand alone mediations, refinement to the program approval process, and refinement of the monitoring to delete the reference to a cycle of on-site reviews, change the timeline for evaluations for children 3-5 to the State policy of 45 school days to complete assessments (which is already in place for school age 5-20), add a data based procedure for eligibility determination, refined the criteria for change in eligibility , permit educational technician IIIs to provide tutorial services, and refined the implementation of the primary service provider model.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §7005(1) and federal IDEA statute 20 USC §§ 1407(a) and the Governor’s Curtailment Order #05 FY10/11
PUBLIC HEARING: December 21, 2009, 10-12 Noon , Room 541 of the Cross State Office Building
DEADLINE FOR COMMENTS: December 31, 2009
AGENCY CONTACT PERSON: Joanne C. Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-6669
E-MAIL: Jaci.Holmes@Maine.gov
URL: http://www.maine.gov/education/index.shtml
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov


ADOPTIONS



AGENCY: 02-392 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), Maine Board of Pharmacy
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions
Ch. 4-A, Administration of Drugs and Immunizations
ADOPTED RULE NUMBER: 2009-610 and 611
CONCISE SUMMARY: The board adopted permanent rules to implement PL 2009, c. 308, which permits pharmacists to administer flu and other immunizations. The permanent rules replace emergency rules earlier adopted by the board.
EFFECTIVE DATE: November 25, 2009
AGENCY CONTACT PERSON: Geraldine Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. E-mail: Geraldine.L.Betts@Maine.gov .
URL: http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.htm
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov



AGENCY: 10-144 - Department of Health & Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 283, Rules and Regulations Relating to Testing Newborn Infants for Causes of Cognitive Disabilities and Selected Genetic Conditions
ADOPTED RULE NUMBER: 2009-612
CONCISE SUMMARY: These rules and regulations define the responsibilities of hospital administration and staff, physicians and other health care providers, midwives and other “principal birthing attendants”, parents and others, with regard to the screening of newborn infants for metabolic disorders and other selected genetic conditions that if left untreated are likely to cause cognitive disabilities, serious illness or death. These rules address the designation of a contact person in each hospital, timing of newborn blood specimen collection, parental refusal of tests, conditions to be screened, records to be maintained, responsibilities for follow-up tests and reporting when necessary and the storage and use of leftover specimens and identify the fee charged for newborn bloodspot screening.
EFFECTIVE DATE: December 1, 2009
AGENCY CONTACT PERSON: Ellie Mulcahy, Department of Health & Human Services, Genetics Program, Maine CDC, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5357
E-MAIL: Eleanor.A..Mulcahy@Maine.gov
URL: http://www.maine.gov/dhhs/boh/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. VII Section 5, Estate Recovery
ADOPTED RULE NUMBER: 2009-613
CONCISE SUMMARY: This rulemaking is being adopted to ensure that the Estate Recovery rules fully comply with the terms of Maine's State Medicaid Plan, as approved by the federal Centers for Medicare and Medicaid Services (CMS), and to incorporate programmatic changes mandated by the Legislature. The Department is adopting language that will implement an Estate Recovery Exemption with Qualified Long Term Care policies. These changes will allow the Department to disregard the amount of benefits covered by a qualified long term care policy. The amount of the disregard will be equal to the amount of the insurance benefits made to or on behalf of the decedent. Furthermore, the adopted rules remove language under Section 5.07, Care Given Exemption, and replace it with Section 5.08, Hardship Waiver Based on Care Given Exemption. This adopted change allows the Department to consider a care given exemption from estate recovery for a person requesting the waiver if their income is less than two hundred percent (200%) of federal poverty and if health maintenance activities and personal care services were performed for the member during part or all of the two (2) years immediately prior to the member's death. All care given exemptions will not exceed the value of any MaineCare benefits paid on behalf of the member.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2010
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, Division of Policy and Performance, 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 /Hard of Hearing)
E-MAIL: Delta.Cseak@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 13, Targeted Case Management Services
ADOPTED RULE NUMBER: 2009-614
CONCISE SUMMARY: This rulemaking adopts the following changes for Targeted Case Management Services: Target groups are consolidated and redefined. Several target groups are deleted, including Pregnant and Postpartum women, Adults with Diabetes and Asthma and Members who are receiving Healthy Futures Services. There is new language detailing eligibility criteria for Children and Adults applicable to Case Management Services for Children with Developmental Disabilities and Behavioral Health Disorders as well as Case Management Services for Adults with Developmental Disabilities, Behavioral Health Disorders, Substance Abuse Disorders, HIV, Long Term Care Needs and Members Experiencing Homelessness. This rule adds a prior authorization requirement for children’s targeted case management services. This rule also reduces funding for children’s targeted case management by limiting services to two (2) months for children with scores between fifty (50) and seventy (70) on the Child and Adolescent Functional Assessment Scale. The assessment tool score may not be the sole criterion for determining medical necessity, needs and/or eligibility.
This rule also clarifies that MaineCare will not cover multiple TCM services; and it sets forth the eligibility process, and the requirement of transitioning to one comprehensive case manager for children and adult members. Chapter III adds new billing procedure codes based on HIPAA-compliant HCPCS coding. Chapter III also implements a change in reimbursement to some Providers/Case Management Agencies through the requirement of billing in 15- minute increments, while other TCM services require monthly or weekly billing. Record-keeping requirements, per the federal Medicaid requirement, have been adopted in this rule. This rule also provides TCM coverage for individuals receiving protective services, and this rule changes eligibility for homeless individuals so that these individuals are not required to have resided in a homeless shelter either currently or in the past 90 days. The Department made some minor corrections and edits in the final rule as a result of comments, which are summarized in the Department’s Response to Comments.
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. E-mail: Patricia.Dushuttle@Maine.gov .
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 30, 2009
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
ADOPTED RULE NUMBER: 2009-615
CONCISE SUMMARY: The rule amendments correct the reference to the Commission’s physical location; clarify the meeting procedures for the Commission; set forth procedures for candidates to accept general election campaign contributions before the primary election; deletes the filing schedule for ballot question committees; and clarifies the prohibition on legislators accepting contributions from lobbyists indirectly through political action committees.
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
ADOPTED RULE NUMBER: 2009-616
CONCISE SUMMARY: The rule amendments reflect new statutory requirements that Maine Clean Election Act candidates for the office of governor must collect $40,000 in seed money contributions from registered Maine voters and must submit required documentation of those contributions to the Commission by the end of the qualifying period. The rules also reflect that the candidates may collect up to $200,000 in seed money contributions. The amendments clarify the methods by which Maine Clean Election Act candidates may verify that individuals giving qualifying contributions are registered to vote, and update the rule concerning the maximum matching funds to be consistent with statute.
EFFECTIVE DATE: November 29, 2009
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135
TELEPHONE: (207) 287-3024
E-MAIL: Jonathan.Wayne@Maine.gov
URL: http://www.maine.gov/ethics/



AGENCY: 99-420 - Maine Turnpike Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing the Use of the Maine Turnpike: Section 3, Parking
ADOPTED RULE NUMBER: 2009-617
CONCISE SUMMARY This regulation amends the existing rule for parking on property of the Maine Turnpike Authority, including the Turnpike itself, park and ride lots and concession areas. This rule describes the parameters for towing of vehicles from MTA property and for the issuance of parking citations.
EFFECTIVE DATE: November 29, 2009
AGENCY CONTACT PERSON: Jonathan Arey, Maine Turnpike Authority, 430 Riverside Street, Portland, Maine 04103
TELEPHONE: (207) 871-7771, x136
E-MAIL: JArey@MaineTurnpike.com
URL: http://www.maineturnpike.com/



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-09
ADOPTED RULE NUMBER: 2009-618 (Emergency)
CONCISE SUMMARY: Minimum November 2009 Class I price is $17.24/cwt. plus $1.58/cwt. for Producer Margins, an overorder premium of $ 1.53/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $22.88/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: November 29, 2009
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
E-MAIL: Tim.Drake@Maine.gov
TELEPHONE: (207) 287-7521
URL: http://www.maine.gov/agriculture/mmc/index.shtml



AGENCY: 10-144 – Department of Health and Human Services, Maine CDC, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 231, Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 2009-619
CONCISE SUMMARY: The main reason for proposing these changes is to update and clarify the drinking water rule requirements for public water systems to be more consistent with recently enacted Maine statute, the Maine Cross Connection Rules and the Code of Federal Regulations.
These rules are established to protect public health from unsafe public water supplies and to require that public water supplies notify the population served if problems do exist.
These rule changes will either preserve or assist in receiving primacy for the Maine Drinking Water Program in its administration of the Groundwater Rule, Lead/Copper Short Term Revisions, and the Lab Certification Rules. Because the main purpose for most of these rule changes is to maintain consistency with state and federal laws, the Drinking Water Program expects that administration of the Rules Relating to Drinking Water will improve, due to that greater symmetry.
EFFECTIVE DATE: November 30, 2009
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rulemaking Coordinator, Maine Drinking Water Program, 11 State House Station, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680
E-MAIL: Tera.Pare@Maine.gov
URL: http://www.maine.gov/dhhs/eng/water/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 02-514 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), Board of Counseling Professionals Licensure
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions [amended]
Ch. 1-A, Advisory Rulings [new]
Ch. 2, Licensed Professional Counselors [amended]
Ch. 3, Licensed Clinical Professional Counselors [amended]
Ch. 4, Licensed Marriage and Family Therapists [amended]
Ch. 5, Licensed Pastoral Counselors [amended]
Ch. 5-A, Registration Requirements [new]
Ch. 6, Applications / Applicants Licensed in Another Jurisdiction [amended]
Ch. 7, License Renewal; Inactive Status [repealed and replaced]
Ch. 7-A, Continuing Education [new]
Ch. 8, Standards of Practice [repealed]
Ch. 8-A, Code of Ethics [new]
Ch. 8-B, Client Bill of Rights; Disclosure Statements [new]
Ch. 9, Fees [repealed]
Ch. 10, Enforcement and Disciplinary Procedures [repealed]
ADOPTED RULE NUMBER: 2009-620 thru 634
CONCISE SUMMARY: The board recodified the rules regulating the licensure of licensed professional counselors, licensed clinical professional counselors, licensed marriage and family therapists, licensed pastoral counselors and registered counselors. Significant changes were: (a) elimination of the end dates currently in effect for supplementing nonconforming graduate degrees with additional coursework, (b) revision of supervision requirements, (c) recognition of certain equivalent degree programs for pastoral counselors and certain unaccredited programs of clinical pastoral education, (d) revision of the continuing education requirement, and (e) revision of the code of ethics in the areas of sexual activities with clients, dual relationships, records and confidentiality.
EFFECTIVE DATE: November 30, 2009
AGENCY CONTACT PERSON: Torrey Gray, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333 Telephone: (207) 624-8420. E-mail: Torrey.J.Gray@Maine.gov
URL: http://www.maine.gov/pfr/professionallicensing/professions/counselors/index.htm
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov