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Home > Weekly Rule-making Notices > April 25, 2012

April 25, 2012

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: 02-313 - Board of Dental Examiners (Affiliated with the Department of Professional and Financial Regulation)
Ch. 2, Rules Relating to Dental Hygienists
Ch. 3, Rules Relating to Dental Assistants
Ch. 4, Rules Relating to the Practice of Denturism
Ch. 5, Requirements for Licensure as a Denturist
Ch. 6, Rules for Radiation Barriers
Ch. 7, Licensing/Certification/Late Fees
Ch. 8, Advertising
Ch. 10, Licensure Requirements for Dental Radiographers
Ch. 11, Requirements for Licensure as Dental Hygienists
Ch. 12, Requirements for Dental Licensure
Ch. 13, Continuing Education
Ch. 14, Rules for Use of Sedation and General Anesthesia by Dentists
Ch. 21, Use of Controlled Substances for Treatment of Pain
* minor formatting changes to Ch. 2, 3, 4, 6, 11, 14 and 21;
* amendments to clarify and clearly delineate the scope of practice for dental assistants and dental hygienists;
* amendments to include requirements for faculty licensure, temporary licensure, temporary permits, retired dentists, and anesthesia/sedation site permits;
* amendments to reduce fee for inactive licensure and include fees for anesthesia/sedation site permits;
* amendments to include new IPDH category of licensure to advertising rule;
* amendments to include requirement for interview for reinstatement of dental radiography license when it has been more than two years since license lapsed;
* amendments to more clearly delineate continuing education requirements for relicensure; and provide examples of acceptable or not acceptable continuing education; and
* amendments that include a new website address for the ADA guidelines for sedation/anesthesia.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2), 1082, 1084, 1084-A, 1085, 1086, 1087, 1089, 1094-D, 1094-F, 1094-G, 1094-H, 1094-I, 1094-J, 1094-N, 1094-O, 1094-P, 1094-Q, 1095, 1096, 1097, 1098, 1098-A, 1098-B, 1099, 1100-A, 1100-B, 1100-C, 1100-D, 1100-E, 1100-E(1), 1100-J, 1100-N, 1100-O, 1100-P; 10 M.R.S.A. §8003(5)(G).
PUBLIC HEARING: May 18, 2012 – 1:00 p.m., 161 Capitol Street, Augusta, ME
AGENCY CONTACT PERSON: Teneale E. Johnson, Executive Secretary, Board of Dental Examiners, 143 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3333. E-mail: .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 332, OFI MaineCare Eligibility Manual, Rule #259P: 2012 Federal Poverty Levels
CONCISE SUMMARY: This proposed rule seeks to a make a retroactive rule change effective January 1, 2012. The Department is authorized to adopt rules that have a retroactive application to comply with federal requirements or to conform to the State Medicaid Plan as filed with the federal government as long as there is no adverse financial impact on recipients.
This proposed rule updates the MaineCare Eligibility Manual with the Federal Poverty Level (FPL) amounts that were published in the U.S. Department of Health and Human Services Federal Register on January 26, 2012. The Federal Poverty Levels are used to determine eligibility for MaineCare and state-funded medical assistance programs, and to calculate the Spousal Living Allowance for SSI Recipients.
STATUTORY AUTHORITY: 22 MRSA §§ 3173, 3174, 42(8); Social Security Act 1902(a)(10)(A)(i) & (ii) and 1905(p)
PUBLIC HEARING: None scheduled
AGENCY CONTACT PERSON: Doreen McDaniel, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephgone: (207) 287-4076. TTY: (800) 606-0215. E-mail: .


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND RULE TITLE: Ch. 270, Uniform Reporting System for Health Care Quality Data Sets
ADOPTED RULE NUMBER: 2012-106 (Final adoption, major substantive)
CONCISE SUMMARY: In accordance with P.L. 2011, c.316, “An Act to Improve Hospital Reporting of MRSA and Clostridium difficile Data”, this rule change eliminates hospital reporting of methicillin-resistant Staphylococcus aureus (MRSA) screening data to the MHDO. Instead hospitals will be required to report healthcare-acquired MRSA and healthcare-acquired Clostridium difficile data directly to the US Centers for Disease Control and Prevention’s National Safety Network. The MHDO will have access to this data for future public reporting purposes. In accordance with the provisions of 22 M.R.S.A, §8708-A, the modification of the rules must be coordinated with the Maine Quality Forum and the Maine Quality Forum Advisory Council. This rule will not have a fiscal impact on municipalities, counties or small businesses.
Copies of this rule can be reviewed and printed from the MHDO website at or, to receive a paper copy call (207) 287-6722.
EFFECTIVE DATE: May 23, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6724. E-mail: .

AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 115, Certification. Authorization and Approval of Education Personnel: Part I, Standards and Procedures for Certification, Authorization, and Approval; Part II, Requirements for Specific Certificates and Endorsements
ADOPTED RULE NUMBER: 2012-107 (Final adoption, major substantive)
CONCISE SUMMARY: On September 28, 2011, changes made to Title 20-A during the 125th Legislature went into effect. Accordingly, Ch. 115 must be opened to revise the corresponding rules. LD 129, "An Act to Eliminate Dual Certification Requirements for Speech-Language Pathologists" now allows professionals who are licensed by the State of Maine to be employed in Maine schools without needing to hold the Department of Education educational specialist certificate. LD 1094, "An Act to Improve the Delivery of School Psychological Services to Children" eliminates references to the title "School Psychological Service Providers" and changes the title to "School Psychologists." The revised rule reinstates a requirement for supervision during the first year of independent practice in order to renew the initial certificate. It will also reinstate a transcript analysis pathway to certification that was removed during an earlier revision to Ch. 115.
EFFECTIVE DATE: May 23, 2012
AGENCY CONTACT PERSON: Mark A. Cyr, Department of Education - Certification Office, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6603. Fax: (207) 624-6604. TTY 1 (888) 577-6690. E-mail: .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 692, Siting of Oil Storage Facilities
ADOPTED RULE NUMBER: 2012-109 (Emergency)
CONCISE SUMMARY: The department has adopted an emergency rule amending Ch. 692 to allow the installation of aboveground diesel storage tanks in sand and gravel pits provided specified design and operation requirements are met. The requirements are intended to minimize the risk of accidental discharges to significant sand and gravel aquifers mapped by the Maine Geological Survey. Most sand and gravel pits are located in these significant aquifers.
The amendments were adopted pursuant to two Legislative resolves:
* Resolves 2011, chapter 26, directing the department to establish a permit-by-rule process for diesel fuel storage tanks in borrow pits; and
* Resolves 2011, chapter 149, directing the department to adopt the new permit process as an emergency rule.
The emergency rule will be effective for 90 days. In the meantime, the department is proposing to adopt the same amendments through non-emergency rulemaking. Interested parties will have the opportunity to comment on the proposed amendments through that proceeding.
EFFECTIVE DATE: April 24, 201l
AGENCY CONTACT PERSON: George Seel, DEP-BRWM, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7166. Fax: (207) 287 7826. E-mail: .
To view or download a copy of the rule, go to . A paper copy will be mailed upon request.

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2012-110 (Emergency)
CONCISE SUMMARY: This emergency rulemaking updates the supplemental pool amount and method for distributing that pool to Non-Critical Access and other hospitals to better align with Diagnosis Related Group reimbursement. Effective April 24, 2012, the Department is decreasing the supplemental pool for Non-Critical Access, Rehabilitation Hospitals and Hospitals Reclassified to a Wage Area Outside Maine from $51,847,218 to $51,642,035. The distribution methodology for that pool is also being amended from a system based solely on the relative share of MaineCare discharges to one that also uses the relative share of MaineCare days. The Department is also making caps on Prospective Interim Payments (PIP) consistent across the system so that the total payment to all hospitals receiving a PIP is not less than 70% of the calculated amount of the total PIP for the current year.
Visit for rules and related rulemaking documents.
EFFECTIVE DATE: April 24, 2012
AGENCY CONTACT PERSON: Derrick Grant, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf /Hard of Hearing). E-mail: .

AGENCY: 02-031 - Department of Professional & Financial Regulation (P&FR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Rule Ch. 850, Health Plan Accountability
ADOPTED RULE NUMBER: 2012-111 (Final adoption, major substantive)
CONCISE SUMMARY: The amendments reflect changes to health plan network access standards to reflect 2011 PL c. 90, sec. F-7. The amendments also assimilate federal standards relating to the health plan grievance, internal review and external review procedures.
EFFECTIVE DATE: May 24, 2012
AGENCY CONTACT PERSON: Sarah Hewett, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8412. E-mail: .