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Home > Weekly Notices > January 20, 2010

January 20, 2010

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: 02-395 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Plumbers’ Examining Board
CHAPTER NUMBER AND TITLE:
Ch. 1, Advisory Rulings (renamed and amended)
Ch. 2, Complaints, Investigations and Adjudicatory Proceedings (repealed)
Ch. 3, Licensing Requirements (amended)
Ch. 4, Installation Standards (amended)
Ch. 5, Examination Requirements (repealed)
Ch. 7, Fees (repealed)
Ch. 8, Conflict of Interest (repealed)
PROPOSED RULE NUMBER: 2009-P373 thru P379
CONTACT PERSON FOR THIS FILING: Cheryl Hersom, Board Administrator, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. E-mail: Cheryl.C.Hersom@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: February 10, 2010, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: March 12, 2010
BRIEF SUMMARY: The proposed rules update the state plumbing code and make other changes to the rules regulating the practice of plumbing. (This is a re-scheduling of the December 9, 2009 rulemaking hearing that was cancelled due to weather.)
DETAILED BASIS STATEMENT / SUMMARY: The proposed rules: (1) repeal obsolete chapters and text, (2) consolidate into one chapter (Ch. 3) all the rule provisions dealing with examination and licensure, (3) provide that only a master plumber may sign a trainee plumber’s license application, (4) eliminate the requirement that a master plumber must sign the license application of a journeyman plumber or journeyman-in-training, (5) provide that only a master plumber may provide the affidavit of work experience and work hours completed by a trainee plumber, journeyman-in-training or journeyman plumber, (6) require master plumbers and journeyman plumbers to ensure that all plumbers under their supervision practice within the scope of the license held, (7) designate the International Association of Plumbing and Mechanical Officials Uniform Plumbing Code, 2009 edition as a replacement for the International Association of Plumbing and Mechanical Officials Uniform Plumbing Code, 2000 edition, Maine State Internal Plumbing Code, and (8) set forth exclusions and amendments to the 2009 code for use in Maine. These rules had originally been proposed as 2009-P299 thru P305.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §§ 8051 and 9001(4); 32 MRSA §§ 3403-A(1) and 3403-B(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/pfr/professionallicensing/professions/plumbers/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1.01, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 2010-P6
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following fishing regulation:
St. John River, Aroostook County –
Extend the Fishing Season for Muskie and Bass to November 1 from St. Francis to Hamlin

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: February 11, 2010; Senior Citizens Center, 291 Newberry Drive, Madawaska; 5:30 p.m.
DEADLINE FOR COMMENTS: February 22, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
URL: http://www.maine.gov/ifw/



AGENCY: 12-597 - Maine Department of Labor (DOL), Bureau of Employment Services
RULE TITLE OR SUBJECT: Ch. 2, Competitive Skills Scholarship Program: Ch. 2, Sections 2 and 6
PROPOSED RULE NUMBER: 2010-P7
CONCISE SUMMARY: The proposed changes to the rule respond to the continued overwhelming demand for CSSP and a need for further clarification in specific sections. The proposed changes remove the option for mileage reimbursement if a participant travels less than 10 miles each way to and from school and childcare pick-off and drop-off, reduce the financial limit for the purchase of computer and remove the option of a stipend when a participant is enrolled in less than 6 credit hours of courses and when a participant’s room and board is already provided for.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2007, ch 352, codified at 26 MRSA chapter 25, subchapter 5
PUBLIC HEARING: n/a
DEADLINE FOR COMMENTS: February 24, 2010
AGENCY CONTACT PERSON: Auta Main, Bureau of Employment Services, Maine Department of Labor, 55 State House Station, Augusta, ME 04333. Comments can be submitted to Auta.M.Main@Maine.gov .Telephone: (207) 623-7975.
URL: http://www.maine.gov/labor/bes/index.shtml
DOL RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov



AGENCY: 94-411 - Maine Public Employees Retirement System
RULE TITLE OR SUBJECT: Ch. 702, Appeals of Final Decisions of the Executive Director
PROPOSED RULE NUMBER: 2010-P8
CONCISE SUMMARY: The Retirement System’s rules of practice for administrative appeals are being repealed and replaced such that those in effect prior to May 9, 2007 are reimplemented with minor substantive and non-substantive changes. The substantive changes: 1) make the rule technically compliant with 4 MRSA §807; and 2) eliminate obsolete language as to practices no longer applicable to the appeals process. The proposed rule also includes non-substantive changes to the former rule to correct language format and provide clarification.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §§ 9051-9064, 17103(4) and 17451
PUBLIC HEARING: February 11, 2010; 1:00 p.m, Maine Public Employees Retirement System Second Floor Conference Room, 96 Sewall Street, Augusta, Maine 04333.
DEADLINE FOR COMMENTS: February 21, 2010
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046. Telephone: (512) 3190 or 1 (800) 451-9800. E-mail: Kathy.Morin@Mainepers.org .
URL: www.mainepers.org/



AGENCY:
02-313 - Board of Dental Examiners
02-373 - Board of Licensure in Medicine
02-380 - State Board of Nursing
02-383 - Board of Osteopathic Licensure
02-396 - Board of Licensure of Podiatric Medicine

CHAPTER NUMBER AND TITLE:
Ch. 21, Use of Controlled Substances for Treatment of Pain (new chapter for all five boards)
Ch. 11, Use of Controlled Substances for Treatment of Pain (repeal of this chapter by Board of Licensure in Medicine and Board of Osteopathic Licensure only)
PROPOSED RULE NUMBERS: 2010-P9 thru P15
CONTACT PERSON FOR THIS FILING: Susan E. Strout, Executive Secretary, Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333 Telephone: (207) 287-2480. E-mail: Susan.E.Strout@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: none scheduled
COMMENT DEADLINE: February 19, 2010
BRIEF SUMMARY: This is a consolidated rulemaking proceeding of the Board of Dental Examiners, Board of Licensure in Medicine, State Board of Nursing, Board of Osteopathic Licensure and Board of Licensure of Podiatric Medicine to adopt a new joint rule relating to the use of controlled substances for treatment of pain. The Board of Licensure in Medicine and Board of Osteopathic Licensure also propose to simultaneously repeal Chapter 11, a predecessor joint rule of those two boards only. All comments sent to the contact person for this filing will be forwarded to all five boards for consideration.
DETAILED BASIS STATEMENT / SUMMARY: This is a consolidated rulemaking proceeding of the Board of Dental Examiners, Board of Licensure in Medicine, State Board of Nursing, Board of Osteopathic Licensure and Board of Licensure of Podiatric Medicine to adopt a new joint rule relating to the use of controlled substances for treatment of pain. The proposed joint rule implements R. 2009, c. 56, which directed the Board of Licensure in Medicine to convene a stakeholders group to develop common protocols for the use and administration of controlled substances by licensed prescribers. The proposed joint rule is the result of that process.
The proposed joint rule defines the terms used and consists of a joint statement on the treatment of pain, principles of proper pain management and suggested elements of a controlled substances contract. The proposed joint rule recognizes that “the diagnosis and treatment of pain is integral to the practice of medicine, dentistry and advanced nursing,” but cautions that inappropriate treatment of pain is a departure from standards of practice that will be investigated by the respective boards. When evaluating a clinician’s treatment of pain, including the use of controlled substances, the respective boards will consider the clinician’s evaluation of the patient, the written treatment plan prepared by the clinician, the informed consent and agreement for treatment with the patient, the clinician’s periodic review of treatment efficacy, the advisability of consultation with or referral of the patient to an expert in pain management, the accuracy and completeness of medical records, reportable acts of the patient and the clinician’s compliance with controlled substances laws and regulations.
The proposed joint rule builds upon Chapter 11 of the rules of the Board of Licensure in Medicine and the Board of Osteopathic Licensure, adopted in 1999. At that time there was a great deal of “doctor shopping” in order to obtain narcotics. Physicians were sometimes reluctant to prescribe controlled substances for fear of running afoul of their licensing board and facing disciplinary action. Chapter 11 was intended to allay these concerns by setting forth guidelines for proper pain management.
Chapter 11 was based on the Federation of State Medical Boards Model Pain Management Guidelines. In 2007, the medical board and osteopathic board prepared changes to the joint rule based on updates to the Federation’s model guidelines. Those changes became the starting point for the work of the stakeholders group described above.
Those Board of Licensure in Medicine and the Board of Osteopathic Licensure will repeal Chapter 11 as part of this rulemaking proceeding.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: R. 2009, c. 56, 32 MRSA §§ 1072 and 1073(2) (Board of Dental Examiners), 32 MRSA §§ 2102(2-A) and 2153-A(1) (State Board of Nursing), 32 MRSA §2562 (Board of Osteopathic Licensure), 32 MRSA §3269(3), (7) (Board of Licensure in Medicine), 32 MRSA §3605-B (Board of Licensure of Podiatric Medicine
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: R. 2009, c. 56, Resolve, to Establish Uniform Protocols for the Use of Controlled Substances
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Teneale.E.Johnson@Maine.gov (dental), Myra.A.Broadway@Maine.gov (nursing), Susan.E.Strout@Maine.gov (osteopathic licensure), Jean.M.Greenwood@Maine.gov (medicine), Jeffrey.M.Frankel@Maine.gov (podiatric medicine)
URLs:
Dental Board: http://www.mainedental.org/
Medical Board: http://www.docboard.org/me/me_home.htm
Nursing Board: http://www.maine.gov/boardofnursing/
Osteopathic Board: http://www.maine.gov/osteo/
Podiatric Board: http://www.maine.gov/pfr/professionallicensing/professions/podiatrists/index.htm


ADOPTIONS



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 330, License Fees to Manufacture and Sell Food & Beverages
ADOPTED RULE NUMBER: 2010-4
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.
EFFECTIVE DATE: January 13, 2010
AGENCY CONTACT PERSON: Hal Prince, Director, Maine Department of Agriculture, Food and Rural Resources, 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
AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF): Emergency Rule #89E, Creation of a Limited Temporary Program Called Family Housing Stabilization
ADOPTED RULE NUMBER: 2010-5
CONCISE SUMMARY: The American Recovery and Reinvestment Act (ARRA) funds will be used to create a limited temporary program called Family Housing Stabilization. Family Housing Stabilization is limited to children and their families who are at risk of homelessness due to lack of stable housing and lack of housing security.
This rule is not expected to have any adverse economic impact on the reporting requirements of small businesses.
EFFECTIVE DATE: January 1, 2010
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-6426. TTY: (800) 606-0215. E-mail: Dawn.Mulcahey@Maine.gov
URL: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov