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Home > Weekly Rule-making Notices > October 17, 2012

October 17, 2012

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: 16-163 – Department of Public Safety, Bureau of Emergency Medical Services
CHAPTERS 2, 3, 3-A, 4, 5, 5-A, 6, 8, 8-A, 9, 9-A, 11, 15 and 17
PROPOSED RULE NUMBER: 2012-P238 thru P251
BRIEF SUMMARY: The proposed rules changes will:
* Adopt or amend rules to ensure consistency with Maine EMS law and pre hospital treatment protocols.
* Adopt or amend definitions regarding Emergency Medical Treatment, EMS Vehicles, Non-Transporting Services and Response Assignment Plans.
* Amend rules regarding service areas, patient care report filing and response assignment plans.
* Adopt or amend rules concerning EMS service licensing, equipment and operational requirements, and service scopes of practice.
* Adopt or amend rules concerning individual EMS provider education, testing and licensing requirements
* Amend rules about emergency medical services providers’ scopes of practice.
* Amend rules regarding the approval of EMS licensing courses.
* Amend rules regarding licensing, training and operations of EMD providers and centers.
* Adopt rules concerning the authorization, requirements and operations of EMS training centers.
* Adopt or amend rules regarding EMS education, CEH categories and hours, and instructor certification.
* Adopt or amend rules regarding refusing to issue, or for modifying, suspending or revoking a license.
* Amend rules about the Maine EMS Board’s designation of Regions within the State.
* Adopt or amend required equipment lists.
DETAILED BASIS STATEMENT / SUMMARY:
Ch. 2, Definitions: Review and remove unnecessary, outdated, or duplicative regulatory language. Revise definitions consistent with Maine EMS statute. Add definitions regarding optional use of emergency medical dispatch determinant codes
Ch. 3, Ground Ambulance Services: Change license level names to align with National EMS Education Standards and Scope of Practice. Remove the secondary response area requirement consistent with the statewide mutual aid system. Clarify how to notify Maine EMS of service changes. Reduce the timeframe to file Patient Care Reports to the state EMS run reporting system to facilitate better patient care. Amend the requirements regarding the use of any person under the 18 years of age in EMS response. Add mandatory use of all straps on the stretcher. Amend EMS Response requirements to allow for optional use of emergency medical dispatch (EMD) priority response plans. Add language regarding designated infection control officers (DICOs)
Ch. 3-A, Emergency Medical Dispatch (EMD) Center Licenses: Allow EMD call processing by new dispatchers under the direct supervision of a licensed emergency medical dispatcher
Ch. 4, Air Ambulance Services: Change license level names to align with National EMS Education Standards and Scope of Practice. Remove the secondary response area requirement in order to comply with statewide mutual aid system. Clarify how to notify Maine EMS of service changes. Reduce the timeframe to file Patient Care Reports to the state EMS run reporting system to facilitate better patient care. Add mandatory use of all straps on the stretcher. Add language regarding designated infection control officers (DICOs).
Ch. 5, Personnel Licenses: Change license level names to align with National EMS Education Standards and Scope of Practice. Update the skill levels for Advanced Emergency Medical Technician (AEMT) and Paramedic to align with Maine EMS Pre Hospital Treatment Protocols. Adjust the Continuing Education Hour (CEH) categories and requirements to align with National EMS Education Standards. Emphasize the responsibility for providers to complete Patient Care Reports as required. Provide for phase out of Ambulance Attendant and Critical Care license levels.
Ch. 5-A, Emergency Medical Dispatcher Licenses: Makes changes to improve the state licensing processes via national certification.
Ch. 6, Drugs and Medications: Adds a requirement and procedure for services to report theft of medication.
Ch. 8, Training Courses and Continuing Education: Updates the license level names as described above. Define instructor requirements for CEH and licensure classes.
Ch. 8-A, Training Centers: New Chapter - Codifies Training Center requirements as approved by the Board of EMS.
Ch. 9, Instructor Coordinator Licenses: Clarifies initial license training requirements for instructor coordinators. Adds language regarding license expirations and renewals.
Ch. 9-A, Emergency Medical Dispatch Training, Instructors and Continuing Education Programs: Removes outdated Rules chapter reference.
Ch.11, Disciplinary Action: Adds violations concerning Maine EMS education, previously located in Chapter 9.
Ch.15, Regional Offices and Councils: Removes specific language regarding region designations, consistent with Maine law.
Ch.17, Equipment: Changes and additions to required equipment lists in accordance with the Maine EMS Pre Hospital Treatment Protocols, and EMS standards of care.
PUBLIC HEARINGS:
* Monday November 5, 2012 - Central Maine Medical Center (CMMC), Conference Room A, B and C, Lewiston, Maine at 6:30 p.m.
* Monday November 5, 2012 –Franklin Memorial Hospital, Ben Franklin Conference Center, Crosby Room, Farmington, Maine at 6:30 p.m. (via video-conference with CMMC Lewiston)
* Monday November 5, 2012 – Rumford Community Hospital, Conference Room A, Rumford, Maine at 6:30 p.m. (via video-conference with CMMC Lewiston)
* Monday November 5, 2012– Ripley Medical Office Building, Harper Conference Center,193 Main St., Norway, Maine, at 6:30 p.m. (via video-conference with CMMC Lewiston)
* Tuesday November 6, 2012-Maine Health, Conference Room MMC-B, 110 Free St, Portland, Maine at 6:00 pm
* Friday November 9, 2012-Samoset Resort, Camden Room, Rockport, Maine at 4:00 p.m.
* Tuesday November 13, 2012 – Eastern Maine Community College (EMCC), Room 217, Penobscot Hall, Bangor, Maine at 5:00 p.m.
* Tuesday, November 13, 2012 – Washington County Community College, Room 433, Calais, Maine at 5:00 p.m. (via video-conference with EMCC Bangor.)
* Tuesday, November 13, 2012 – Penquis Higher Education Center, Polycom Room, Dover Foxcroft at 5:00 p.m. (via video-conference with EMCC, Bangor.)
* Tuesday November 13, 2012-Katahdin Higher Education Center, Polycom Room, East Millinocket at 5:00 p.m. ( via video-conference with EMCC Bangor)
* Wednesday November 14, 2012 - Maine Emergency Medical Services, De Champlain Conference Room, 45 Commerce Drive, Augusta, Maine at 6:00 p.m.
* Wednesday November 14, 2012 – Aroostook EMS Office, Polycom Room, Caribou, Maine at 6:00 p.m. ( via video-conference with Maine EMS)
Copies: A copy of the proposed rules changes may be downloaded from the Maine EMS web site at www.maine.gov/dps/ems, by contacting Maine EMS at 207-626-3860 or by e-mail at maine.ems@maine.gov .
COMMENT DEADLINE: November 26, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Drexell White, 152 State House Station, Augusta, ME 04333. Telephone: (207) 626-3864. Fax: (207) 287-6251. E-mail: Drexell.R.White@Maine.gov . MEMS website: www.maine.gov/dps/ems .
IMPACT ON MUNICIPALITIES OR COUNTIES: The proposed changes include:
1. An increase in continuing education hour requirements (Ch. 5) for EMS license renewals at all levels beginning calendar year 2016, potentially increasing education costs to municipal EMS services;
2. The requirement for a continuous-waveform end-tidal carbon dioxide monitoring device for services licensed or permitted at or above the Advanced EMT (AEMT) level. Maine EMS protocols have required the device for several years as part of advanced airway placement and the majority of licensed EMS services currently have the device. A small number of services would be required to purchase the device to comply with the Rule and the Maine EMS protocols.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA, Chapter 2-B §81.1 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): None
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Jay.Bradshaw@Maine.gov .



AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 855, Health Insurance Payment Reform Pilot Projects
PROPOSED RULE NUMBER: 2012-P252
BRIEF SUMMARY: This proposed rule establishes procedures and policies for authorization of pilot projects relating to health insurance provider payment reform strategies.
PUBLIC HEARING: November 6, 2012, 9:00 a.m., Central Conference Room, Department of Professional & Financial Regulation Building, 124 Northern Avenue, Gardiner, ME
COMMENT DEADLINE: 5:00 p.m., November 19, 2012
CONTACT PERSON FOR THIS FILING: Elena Crowley, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A M.R.S. §212 and 4320-H, 2011 PL c. 270, §4
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .



AGENCY: 05-071 - Department of Education / State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
PROPOSED RULE NUMBER: 2012-P253
BRIEF SUMMARY: The proposed amendments for Ch. 61, Rules for Major Capital School Construction, which is a State Board of Education rule makes no significant changes. It is strictly to clarify and bring consistency throughout the 34 page rule. The existing rule has been modified many times over the years by State Board members and Department of Education staff and a thorough review is necessary.
DETAILED BASIS STATEMENT / SUMMARY: Ch. 61, Rules for Major Capital School Construction Projects, governs the expenditure of millions of Maine taxpayers’ dollars in support of safe and effective schools that support the demands of 21st century education. Extensive needs for improved education facilities across the state make it imperative that the rules be kept clear, current and supportive of the state’s education goals. The Department of Education and the Construction Committee of the State Board of Education have worked jointly to propose modifications to Ch. 61.
The proposed amendments for Ch. 61, Rules for Major Capital School Construction, which is a State Board of Education rule makes no significant changes. It is strictly to clarify and bring consistency throughout the 34 page rule. The existing rule has been modified many times over the years by State Board members and Department of Education staff and a thorough review is necessary.
PUBLIC HEARING: Monday, November 5, 2012 – 10 a.m. to noon, Department of Education, 5th Floor Cross Office Building – Room 541, 111 Sewall Street, Augusta, ME 04333
COMMENT DEADLINE: 3 p.m. Friday November 16, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Scott Brown, Director of School Facilities Programs, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6883. E-mail: Scott.Brown@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §3; 20-A MRSA §405(3)(J); 20-A MRSA §15905, sub-§4; P.L. 2001, c. 439, Part 0000, §0000-3; P.L. 2007, c. 240, Part MM, Ch. 103-A; P.L. 2008, c. 223
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/doe/ .
EDUCATION RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 128, Loans to One Borrower Limitations
PROPOSED RULE NUMBER: 2012-P254
BRIEF SUMMARY OF THE PROPOSED RULE AND WHERE COPY OF THE PROPOSED RULE MAY BE FOUND TOGETHER WITH BACKGROUND STATEMENT: This promulgation repeals and replaces existing Regulation 28. Its purpose is to establish guidelines for the administration of lending limits and to accommodate recent federal requirements pertaining to such limits found in the Dodd-Frank Wall Street Reform and Consumer Protection Act, 111 PL 203 (“Dodd-Frank Act”). Effective January 21, 2013, section 611 of the Dodd-Frank Act will prohibit state-chartered financial institutions from engaging in derivative transactions unless state lending limit laws take into consideration credit exposure to derivative transactions. Prior to this promulgation, Maine’s lending limit law did not provide guidance for measuring credit exposure arising from derivative transactions. This promulgation addresses the Dodd-Frank Act requirements by providing methods for taking into consideration credit exposure to derivative transactions for Maine’s financial institutions. This promulgation is based on the new interim final rule that was issued by the Office of the Comptroller of the Currency (OCC) in response to the Dodd-Frank Act. This new interim final rule, which amends 12 CFR Part 32, may be found at 77 FR 37265. Pursuant to this interim final rule, national banks must also evaluate credit exposure to derivatives transactions when calculating lending limits to a single borrower.
The proposed rule and background statement may be found at: www.maine.gov/pfr/financialinstitutions .
PUBLIC HEARING: None proposed by the Bureau. If 5 or more interested persons request a hearing, they may submit their request electronically to Christian D. Van Dyck at Christian.D.VanDyck@Maine.gov on or before the comment deadline.
COMMENT DEADLINE: November 19, 2012. Data, views or arguments may be submitted to the Bureau for consideration (whether or not a hearing is held) by submitting them electronically to Christian D. Van Dyck at Christian.D.VanDyck@Maine.gov or in writing to the Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-00336 on or before the comment deadline.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Christian D. Van Dyck, Attorney, Bureau of Financial Institutions. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov.
STATEMENT OF IMPACT ON SMALL BUSINESS MAY BE FOUND AT: www.maine.gov/pfr/financialinstitutions .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: Title 9-B MRS §215 authorizes the Superintendent to implement by rule any provisions of law relating to the supervision of financial institutions. Title 9-B MRS §439-A(5) authorizes the Superintendent to adopt rules to carry out purposes of the Banking Code’s lending limit law, including rules to define or further define terms used in the section and to establish limits or requirements other than those specified in the section if the Superintendent determines that such action is necessary for the protection of depositors, investors or the public.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 9-B, MRS, s. 439-A, The Federal Deposit Insurance Act, 12 USC 1828, as amended by section 611 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 111 PL 203; and 12 CFR Part 32 (Interim final OCC Lending Limits regulation, implemented in part).


ADOPTIONS


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2012-235
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing the hunting zones, season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2012 - 2013 Migratory Bird Hunting season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: August 26, 2012
AGENCY CONTACT PERSON / IFS RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.97(E), Management Framework for Island Limited Entry (Monhegan Island)
ADOPTED RULE NUMBER: 2012-286
CONCISE SUMMARY: The adopted rule establishes an island limited-entry program for Monhegan Island in accordance with 12 M.R.S. §6449 in order to maintain a number of licenses appropriate for the needs of their island community and the local lobster resource. Monhegan Island held an island limited-entry referendum on the island and obtained the approval of at least two-thirds of those voting in the referendum to propose an island limited-entry program. This rule would set the number of island resident lobster licenses for Monhegan Island at 17.
EFFECTIVE DATE: October 14, 2012
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Kevin Rousseau, Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0021. Telephone: (207) 624-6573. Fax: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Kevin.Rousseau@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking .