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Home > Weekly Rule-making Notices > October 24, 2012

October 24, 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 (2nd publication)
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 Ch. 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 Street, 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 Street, 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, Ch. 2-B §81.1 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Jay.Bradshaw@Maine.gov .



AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 17, Rules Regarding Proof of Ownership and Recruitment by Employers Employing Foreign Laborers to Operate Logging Equipment
PROPOSED RULE NUMBER: 2012-P256
BRIEF SUMMARY: Provides greater clarity to existing rules and ensures consistency with Public Law 2012, Ch. 620: “An Act to Promote a Qualified Logging Workforce and Ensure an Adequate Wood Supply for Maine Mills”.
DETAILED BASIS STATEMENT / SUMMARY: Public Law 2012, Ch. 620 (LD 1383): “An Act to Promote a Qualified Logging Workforce and Ensure an Adequate Wood Supply for Maine Mills” became effective on August 30, 2012. These updated rules clarify existing definitions and update existing rules to comply with the revised statutes.
Section I. Definitions
* Define ‘logging equipment’ more clearly
* Define ‘employer’ and ‘foreign laborer’ more clearly
* Correct bullets and numbering
Section II. Notice of Application and Proof of Ownership
* Explains the amended notification for the Bureau of Labor Standards
* Requires that proof of ownership be carried in logging equipment & made available to department
Section VI. Notice of Hire.
* Specifies that notice of hire is required within 30 calendar days of commencement of foreign worker’s employment in the state.
* Adds requirement that the location where the foreign worker be disclosed
* Requires a copy of the U.S. Customs and Border Protections entry for the foreign worker
* States that penalties of not less than $5,000 and not more than $25,000 must be assessed against an employer if notification is not provided within 30 calendar days
* Clarifies that conviction of violations could result in employer being prohibited form employing foreign workers in the state for 2 years.
PUBLIC HEARING: Tuesday, November 13, 2012, 1:00 to 2:30 p.m., Department of Labor, SafetyWorks!, 45 Commerce Drive, Augusta, ME 04333
COMMENT DEADLINE: Friday, November 23, 2012 by 4:30 p.m.
CONTACT PERSON FOR THIS FILING / AGENCY RULE-MAKING LIAISON: Susan H. Wasserott, Department of Labor, 45 Commerce Drive (54 State House Station), Augusta, ME 04333. Telephone: (207) 621-5096. E-mail: Susan.Wasserott@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Pamela Taylor: (207) 623-7932
IMPACT ON MUNICIPALITIES OR COUNTIES: n/a
STATUTORY AUTHORITY FOR THIS RULE: 26 MRSA §872 and 873
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/labor/bls/ .



AGENCY: 04-058 - Department of Agriculture, Conservation and Forestry, Division of Forestry
CHAPTER NUMBER AND TITLE: Ch. 25, Standards for Placing Wood into Stream Channels to Enhance Cold Water Fisheries Habitat
PROPOSED RULE NUMBER: 2012-P257
BRIEF SUMMARY: This rule establishes standards for placing wood into stream channels under the supervision of a licensed forester for the purpose of enhancing cold water fisheries.
DETAILED BASIS STATEMENT / SUMMARY: The purpose of this rule is to streamline the permitting process for implementing cold water fisheries habitat enhancement projects that involve adding wood to stream channels. Projects implemented under the supervision of Maine licensed foresters, who have been trained by the Bureau of Forestry in cooperation with the Department of Inland Fisheries and Wildlife (DIFW) in these techniques, and take place in stream reaches designated by DIFW or Department of Marine Resources (DMR) biologists as needing treatment, do not require a state permit or fee if consistent with a treatment plan developed by a DIWF or DMR fisheries biologist or their designee. The intent of the plan is to provide additional guidance to the forester implementing the treatment; the plan must be mutually agreed upon by the DIFW or DMR and the landowner or their agent. The treatment detailed in the plan must be consistent with standards in this rule.
Copies of the rule may downloaded from the Maine Forest Service Website at: http://www.maine.gov/doc/mfs/fpm/water/index.html or be obtained by contacting Rondi Doiron by e-mail: Rondi.Doiron@Maine.gov or phone (207) 287-8421.
PUBLIC HEARING: Thursday November 15 at 2:00 p.m at the Bangor Motor Inn, 701 Hogan Road, Bangor, ME
COMMENT DEADLINE: 5:00 p.m. Thursday, November 26th. Submit written comments to: Maine Forest Service Attn: Rondi Doiron, 22 State House Station, Augusta, ME 04333
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Keith Kanoti, Division of Forestry, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-1073. E-mail: Keith.Kanoti@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 M.R.S., §8867-C; Public Law 2011, ch. 599
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/doc/mfs/index.shtml .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Division of Environmental Health, Environmental and Occupational Health Program
CHAPTER NUMBER AND TITLE: Ch. 292, Rules Relating to the Lead Poisoning Control Program
ADOPTED RULE NUMBER: 2012-287
CONCISE SUMMARY: The Environmental & Occupational Health Program proposes various revisions to the Rules Relating to the Lead Poisoning Control Act, in order to clarify requirements relating to the scope of environmental investigations where a lead poisoned child is identified. Proposed changes clarify requirements for blood lead testing and reporting, as well as determining when landlords are required to perform corrective action, should the lead poisoned child live in an apartment building.
EFFECTIVE DATE: October 20, 2012
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rulemaking Coordinator, Division of Environmental Health, 286 Water Street, Augusta, ME (11 State House Station) 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/el/index.htm .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 330, Filing Requirements for Petitions for Certificates of Public Convenience and Necessity for Electric Transmission Facilities and Standards for Granting Certificates
ADOPTED RULE NUMBER: 2012-288
CONCISE SUMMARY: The PUC adopts amendments to our rule regarding the requirements for petitions for certificates of public convenience and necessity (CPCNs) for electric transmission facilities (Ch. 330) so that the rule is consistent with recent legislation.
EFFECTIVE DATE: October 20, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 104, Filing of Maine Tax Returns
ADOPTED RULE NUMBER: 2012-289
CONCISE SUMMARY: MRS has amended Rule 104 (“Filing of Maine Tax Returns”). The following changes were made to the proposed Rule. Section .01 was revised to include new definitions of “software developer” and “threshold amount.” Section .08 has specifications for software developers to require 2-D bar codes to returns. A new section .02 was added describing current statutory filing requirements and an exception for individual income tax filers, and adding a new exception to filing requirements for tax years beginning on or after January 1, 2013. An application date was added to the Rule. Revisions were also made to make language more precise and to correct format, including renumbering, correcting references and the title to reflect that the rule no longer covers only electronic filing.
EFFECTIVE DATE: October 21, 2012
AGENCY CONTACT PERSON: Nanette Ardry, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette.M.Ardry@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
DAFS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .



AGENCY: 02-313 - Department of Professional and Financial Regulation (PFR), Maine Board of Dental Examiners (Affiliated)
CHAPTER NUMBER AND TITLE:
Ch. 7, Licensing / Certification / Late Fees
Ch. 16, Rules to Implement a 2-Year Pilot Project for Independent Practice Dental Hygienists to Process Dental Radiographs in Underserved Areas of the State
ADOPTED RULE NUMBER: 2012-290, 291
CONCISE SUMMARY:
* Reduced fees for all license types by 20%; and
* Resolve 2011, Ch. 167 of the 125th Legislature (2nd Regular Session, LD 1891) required the Board to amend Ch. 16 to include all types of dental radiographs.
EFFECTIVE DATE: October 22, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Teneale E. Johnson, Maine Board of Dental Examiners, 143 State House Station, Augusta, ME 04333-0143. Telephone: (207) 287-3333. E-mail: Dental.Board@Maine.gov .
WEBSITE: http://www.mainedental.org/ .



AGENCY: 02-041 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2012-P292
CONCISE SUMMARY: The Office of Professional and Occupational Regulation lowered license and/or application fees for licensees of nine licensing programs; clarified the application of other fees; exempted electricians’ helpers who are high school or community college students from the helper license fee; and added a $10 license fee for barbering and cosmetology trainees which was accidentally eliminated by the most recent amendment to this chapter.
EFFECTIVE DATE: October 23, 2012
AGENCY CONTACT PERSON / OPOR RULE-MAKING LIAISON: Jeffrey Frankel, Staff Attorney, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615. E-mail: Jeffrey.M.Frankel@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .