Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Notices > December 9, 2009

December 9, 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: 02-415 - Maine State Board of Examiners of Psychologists
CHAPTER NUMBER AND TITLE: Ch. 6, Supervision of Unlicensed Personnel
PROPOSED RULE NUMBER: 2009-P236 (Revised)
CONTACT PERSON FOR THIS FILING: 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
PUBLIC HEARING: None scheduled. Additional written comment requested pursuant to 5 MRSA §8052(5)(B)
COMMENT DEADLINE: January 8, 2010
BRIEF SUMMARY: As originally proposed in this rulemaking proceeding, Ch. 6 contained standards for the supervision of unlicensed personnel who participate in the provision of psychological services. The board at this time proposes to add a new Section 2 to Ch. 6 that sets forth qualifications for psychologists who supervise unlicensed personnel. The board also proposes to substitute the phrase “work setting” for the word “program” in Section 1(2) of Ch. 6. Because the rule the board intends to adopt is substantially different than the proposed rule, the board requests additional written comments on these changes.
DETAILED BASIS STATEMENT / SUMMARY: Chapter 6 as originally proposed in this rulemaking proceeding was based on the 2003 supervision guidelines of the Association of State and Provincial Psychology Boards for uncredentialed personnel who provide psychological services. Unlike supervised experience for psychologists and psychological examiners, this group of supervisees are not candidates for licensure. For this reason, this chapter does not require any specific amount of supervision, but rather constructs a framework in which supervision will be provided in an employment context.
On August 5, 2008 the board adopted this chapter as part of the recodification of the board’s rules that went into effect on September 13, 2008. The Attorney General’s office refused to approve this chapter as to legality. The chapter for that reason was not filed with the Secretary of State and never went into effect.
The rationale for the Attorney General’s action was that the psychologists licensing law in effect at the time did not permit unlicensed persons to participate in the provision of psychological services. Although the law contained various exemptions for students, student interns and other narrowly-defined categories, none of them applied to persons functioning in an ongoing paraprofessional status as contemplated by this chapter. (See the Memorandum dated August 29, 2008 from Assistant Attorney General Dennis Smith to Board Administrator Geraldine Betts.)
In PL 2009, c. 112, Sec. A-11, the Legislature added 32 MRSA §3812-A to the psychologists licensing law. Section 3812-A authorizes psychologists to delegate certain responsibilities to unlicensed individuals as long as those activities are under the supervision and control of the delegating psychologist. Section 3812-A also authorizes the board to adopt rules “identifying delegated activities and appropriate levels of supervision in the practice setting.” This chapter implements this rulemaking authorization by requiring psychologists to have in place a supervisory framework for unlicensed personnel that includes written administrative policies, written job descriptions and written and oral evaluations. The work setting must have a licensed psychologist who is legally and ethically responsible for oversight of the integrity and quality of the services as well as other resources necessary to meet the employment needs of the supervisee.
Chapter 6 as originally proposed in this rulemaking proceeding consisted of only one section. This section contained the supervision requirements for unlicensed personnel discussed above. A commenter on the proposed rule asked if supervision of unlicensed personnel was a type of supervision that obligated the psychologist to obtain three hours of continuing education in supervision pursuant to Chapter 8 of the board’s rules.
Chapter 8, Section 1(2)(C) provides:
If the psychologist performs any of the supervisory functions described in Chapter 7, Section 1 of the board’s rules, a minimum of 3 hours must be earned in the skills and principles of supervision.
Chapter 7 of the board’s rules is entitled Qualifications of Supervisors. Section 1, Applicability, provides:
1. Applicability
The provisions of this chapter apply to—
1. Psychologists who supervise conditional and temporary licensees as described in Chapter 3, Section 6 of the board’s rules;
2. Psychologists who provide pre-doctoral and post-doctoral supervised experience to psychologists in training as described in Chapter 4, Section 2 of the board’s rules;
3. Psychologists who provide supervised experience to psychological examiners in training as described in Chapter 5, Section 2 of the board’s rules;
4. Psychologists who provide supervision to psychological examiners who provide intervention services as described in Chapter 5, Section 3(4) of the board’s rules; and
5. Psychologists who provide consulting, monitoring or supervisory responsibilities in connection with a board order or consent agreement.
Section 2 of Chapter 7 goes on to set forth the minimum qualifications of the supervisors listed in Section 1.
The chain of rule references – from Chapter 8, Section 1(2)(C) to Chapter 7, Section 1 – leads to the answer of “no” to the commenter’s question. Because supervisors of unlicensed personnel are not listed in Chapter 7, Section 1 of the board’s rules, the supervision of unlicensed personnel does not trigger the supervision component of the continuing education requirement.
This analysis puzzled the board when it reviewed the comments on the proposed rules at its December 1, 2009 meeting. The board chair, in particular, believed that supervisors of unlicensed personnel had been included in the list of supervisors contained in Chapter 7, Section 1.
This turns out to have been correct. As adopted by the board in the August 5, 2008 revisions, Chapter 7, Section 1 contained an additional subsection, subsection 6:
6. Psychologists who supervise unlicensed persons who participate in the provision of psychological services pursuant to Chapter 6 of the board’s rules.
This reference to Chapter 6 was deleted from Chapter 7 as adopted in August 2008 following the Attorney General’s refusal to approve Chapter 6 as to form and legality.
Due to an oversight by the OLR staff attorney, the board failed to propose the re-adoption of Chapter 7, Section 1(6) in this rulemaking proceeding to accompany the re-adoption of Chapter 6.
Re-adoption of Chapter 7, Section 1(6) would have had two consequences: (a) requiring supervisors of unlicensed personnel to complete three hours of continuing education in supervision every two years, and (b) requiring supervisors of unlicensed personnel to meet the qualifications for supervisors contained in Chapter 7, Section 2. In the board’s view, requiring supervisors of unlicensed personnel to obtain continuing education in supervision is unlikely to be productive. Continuing education in supervision for psychologists is usually designed for psychologists who provide predoctoral or postdoctoral supervision to persons on track towards licensure as a psychologist or psychological examiner.
On the other hand, requiring supervisors of unlicensed personnel to meet the minimum qualifications for supervisors contained in Chapter 7(2) does have value. For this reason, the board modified these qualifications to reflect their applicability to supervision of unlicensed personnel and incorporated them directly into Chapter 6 as a new section entitled “Qualifications of Supervising Psychologist.”
New Section 2 requires a supervisor of unlicensed personnel who assist in the provision of psychological services to be a fully-licensed Maine psychologist. The supervisor must be competent to supervise, must be able to do the work of the supervisee, and must abide by all ethical and legal requirements relating to supervision. These provisions will help ensure that unlicensed testing assistants perform their jobs under adequate professional oversight.
As originally proposed in this rulemaking proceeding, Chapter 6, Section 1(2) began with the sentence, “An acceptable employment setting must provide ongoing psychological services in a well-defined and established program.” In this re-advertised proposed rule, the board has substituted “work setting” for “program.” The reason for the change is to eliminate any possible inference that operation of the rule is confined to an academic program or other formal training site. “Work setting,” which appears twice in Section 1(3) (see also “employment setting” in Section 1(4)), can be any practice setting, including private practice.
The board at this time requests additional written comment on these two changes to Chapter 6: (a) the addition of Section 2, “Qualifications of Supervising Psychologist,” and (b) the substitution of “work setting” for “program” in Section 1(2).
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §§ 3812-A(1), 3824(2)
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: JFrankel@mac.com
URL: http://www.maine.gov/pfr/professionallicensing/professions/psychologists/index.htm



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch: II Section 94, Prevention, Health Promotion, and Optional Treatment Services
PROPOSED RULE NUMBER: 2009-P338
CONCISE SUMMARY: The Department of Health and Human Services is proposing changes to this section to update terminology and make technical corrections to prepare for the Maine Integrated Health Management Solution (MIHMS). Additionally, the rule is being renamed.
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
PUBLIC HEARING: December 30, 2009, at 2:00 p.m., Conference Room # 1A, Department of Health and Human Services, 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 14, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Saturday, January 9, 2010.
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, 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: Delta.Cseak@maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #01-10
PROPOSED RULE NUMBER: 2009-P339
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: January 22, 2010, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 22, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521
E-MAIL: Tim.Drake@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 23, Developmental and Behavioral Evaluation Clinic Services
PROPOSED RULE NUMBER: 2009-P340
CONCISE SUMMARY: The Department is proposing changes to both Ch. II and III. Chapter II will contain new service descriptions for the Child Abuse Evaluation and the Developmental and Behavioral Evaluation. Chapter III will contain HIPAA compliant codes with new hourly rates. Other routine technical changes are being made to the rule.
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: December 28, 2009, 1:00 p.m., Conference Room # 1A&B, Department of Health and Human Services, 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 17, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight, January 7, 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: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 161, Graphic Arts – Offset Lithography and Letterpress Printing
PROPOSED RULE NUMBER: 2009-P341
CONTACT PERSON FOR THIS FILING: Deborah Avalone-King: Debbie.J.Avalone-King@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Beth Nagusky: Beth.A.Nagusky@Maine.gov
PUBLIC HEARING: none scheduled; one may be requested.
COMMENT DEADLINE: January 8, 2010 @ 5:00 p.m.
BRIEF SUMMARY: The Department is proposing a new regulation that restricts volatile organic compound (VOC) emissions from offset lithography and letterpress printing operations. Under Section 184 of the Clean Air Act Amendments of 1990, the State must submit plans to control VOC emissions from all sources covered by a Control Technique Guideline (CTG) issued by US EPA.
This regulation requires all sources within this category to determine their emission levels and implement reasonable options for keeping such emissions at a minimum, in a cost effective way including: control technology approaches, VOC and composite vapor pressure limits and standards for work practices. Additional information on this draft rule can be found at: http://www.maine.gov/dep/air/regulations/proposed.htm .
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the reopening for public comment is for the purpose of reviewing significant changes in the draft rule and to provide an opportunity for additional comment. Any person interested in providing comment can send written comments before the end of the comment period. All comments should be sent to the Agency contact person.
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 341-D and 585-A
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


ADOPTIONS



AGENCY: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 27.2, Supervised Community Confinement Program
ADOPTED RULE NUMBER: 2009-603 (Emergency – corrected)
CONCISE SUMMARY: The rule now reflects a change in the governing statute which permits the Commissioner to transfer a severely incapacitated prisoner to Supervised Community Confinement with care services provided by an entity approved by the Commissioner and, subject to approval by the Commissioner, other than hospice services. In addition, an error on the previously submitted emergency rule has been corrected.
EFFECTIVE DATE: November 17, 2009 with November 25 correction
AGENCY CONTACT PERSON: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04333
TELEPHONE: (207) 287-4681
E-MAIL: Esther.Riley@Maine.gov
URL: http://www.maine.gov/corrections/



AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
ADOPTED RULE NUMBER: 2009-641 (Major substantive)
CONCISE SUMMARY: The rule amendments clarify that the Commission may use its judgment regarding whether independent expenditures were made in support or in opposition to a candidate when awarding matching funds under the Maine Clean Election Act; require candidates who receive matching funds for the primary election to return unspent funds after a successful primary; and clarify the amount of money that a Maine Clean Election Act candidate must return to the state if the candidate has used public funds to purchase goods that could be converted to the candidate's personal use after the election.
EFFECTIVE DATE: December 23, 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: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 8, Endangered Species: 8.05, Essential Habitat for Species Designated as Endangered or Threatened
ADOPTED RULE NUMBER: 2009-642
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule deleting all previously designated Essential Habitats for bald eagles as they have been removed from the State's Endangered and Threatened Species List by the Legislature, due to the successful recovery of the bald eagle population. As such, designated nest sites no longer meet the criteria for essential habitat. A list of the sites being eliminated may be obtained from the agency contact person listed below. At the same time, the Department is proposing to update and clarify certain other rules pertaining to the Maine Endangered and Threatened Species Act
A copy of the adopted rule may be obtained from the Agency Contact Person listed below.
EFFECTIVE DATE: December 5, 2009
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5252
E-MAIL: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/wildlife/species/endangered_species/state_list.htm



AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
CHAPTER NUMBER AND TITLE: Ch. 1, Division of Vocational Rehabilitation Rules
ADOPTED RULE NUMBER: 2009-643
CONCISE SUMMARY Ch. 1: Amendments to the Division of Vocational Rehabilitation Rules. The area to be amended is the Order of Selection Process, which occurs after a person has been determined eligible for vocational rehabilitation services. This rule change will provide further delineation in determining significance of disability, and subsequently will increase DVR's compliance with the federal Rehabilitation Act of 1973, as amended, in serving individuals with the most significant disabilities first when there are insufficient funds to serve all that apply.
EFFECTIVE DATE: January 1, 2010
AGENCY CONTACT PERSON: Elizabeth Hopkins, Division of Vocational Rehabilitation
MAILING ADDRESS: Bureau of Rehabilitation Services, Division of Vocational Rehabilitation, 150 State House Station, Augusta, Maine 04333-0150
PHYSICAL ADDRESS: Central Maine Commerce Center, Department of Labor, 45 Commerce Drive, Augusta, Maine
TELEPHONE: (207) 623-6745
E-MAIL: Elizabeth.Hopkins@Maine.gov
URL: http://www.maine.gov/rehab/dvr/index.shtml
DEPARTMENT OF LABOR RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Maine CDC
CHAPTER NUMBER AND TITLE: Ch. 264, Immunization Requirements for Healthcare Workers
ADOPTED RULE NUMBER: 2009-644
CONCISE SUMMARY: The Department originally adopted these rules on an emergency basis, effective for 90 days, beginning October 6, 2009 to address the Level 6 declaration of a pandemic made by the World Health Organization and the public health emergency declaration made by the US HHS Secretary Sebelius dated June 15,2009 and Governor Baldacci's Proclamation of a Civil Emergency Due to a Highly Infectious Agent.
These adopted rules continue the requirement originally adopted on an emergency basis on October 6, 2009, for all designated healthcare facilities to offer the vaccine for the 2009 Novel HlNl Influenza to all personnel who provide direct care to residents of the facility. The rule also adopts reporting requirements for designated healthcare facilities and updates the minimum dose requirements for mumps and rubella.
EFFECTIVE DATE: December 8, 2009
AGENCY CONTACT PERSON: Christine Zukas-Lessard, Deputy Director, Maine CDC, DHHS, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5179
E-MAIL: Chris.Zukas-Lessard@Maine.gov
URL: http://www.maine.gov/dhhs/boh/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov