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State of Maine

02
Department of Professional and Financial Regulation

1999-2000 Regulatory Agenda


029: Bureau of Banking
029: Bureau of Banking, Securities Division
030: Office of Consumer Credit Regulation
031: Bureau of Insurance
035: Maine Athletic Commission
039: Maine Real Estate Commission
041: Office of Licensing and Registration:
        Charitable Solicitations Act
        Registration of Interpreters for the Deaf and Hard of Hearing
        Athletic Trainers
        Massage Therapists Registration
070: Board of Certification for Geologists and Soil Scientists
164: Board of Hearing Aid Dealers and Fitters
174: Board of Boiler Rules
265: Board of Barbering and Cosmetology
280: Board of Accountancy
285: Board of Veterinary Medicine
288: Board of Licensure of Architects, Landscape Architects, and Interior Designers
296: Board of Examiners on Speech-Language Pathology and Audiology
297: Board of Chiropractic Examiners
298: Board of Real Estate Appraisers
313: Board of Dental Examiners
318: Electricians' Examining Board
322: State Board of Registration for Professional Engineers
331: Board of Funeral Service
333: Board of Licensure for Professional Foresters
343: Board of Respiratory Care Practitioners
344: Board of Licensing of Dietetic Practice
360: Board of Licensure for Professional Land Surveyors
371: Nursing Home Administrators Licensing Board
373: Board of Licensure in Medicine
380: Board of Nursing
381: Board of Oil and Solid Fuel Burner Technicians
382: Board of Optometry
383: Board of Osteopathic Licensure
384: Board of Alcohol and Drug Counselors
385: Manufactured Housing Board
386: Board of Elevator and Tramway Safety
392: Board of Commissioners of the Profession of Pharmacy
393: Board of Examiners in Physical Therapy
395: Plumbers' Examining Board
396: Board of Licensure of Podiatric Medicine
415: Board of Psychologists
416: Board of Social Worker Licensure
445: Board of Licensure of Auctioneers
465: Radiologic Technology Board of Examiners
477: Board of Occupational Therapy Practice
502: Board of Complementary Health Care Practitioners
514: Board of Counseling Professionals Licensure
582: Propane and Natural Gas Board

UMBRELLA/UNIT NUMBER: 02-029
AGENCY: Bureau of Banking
CONTACT PERSON: Colette L. Mooney (207) 624-8574

The following is the Bureau of Banking 1999-2000 Regulatory Agenda prepared in accordance with Title 5 MRSA Section 8060 Sub-Section 2. The Bureau does not plan to employ consensus-based rule development in the implementation of the following regulatory agenda.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 101: Retention of Records - Financial Institutions.
STATUTORY AUTHORITY: 9-B MRSA Section 225
PURPOSE: This rule sets forth the minimum time frames under which a financial institution must retain its customer transaction records. The Bureau may amend this rule to keep pace with changes in the industry.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All state-chartered financial institutions and consumers of financial Institutions.

CHAPTER 107: Activities Permissible for Financial Institution Holding Companies.
STATUTORY AUTHORITY: 9-B MRSA Section 1014
PURPOSE: This rule identifies permissible closely related activities in which a financial institution may engage either directly or through a subsidiary of a financial institution holding company. The Bureau may amend this rule to keep pace with changes in authorizing state statute, federal rules in this area and the evolution of the financial services industry.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All state-chartered financial institutions and financial institution holding companies.

CHAPTER 108: Loans Secured by a First Mortgage on Residential Real Estate Payable on Demand.
STATUTORY AUTHORITY: 9-B MRSA Section 241
PURPOSE: This rule prohibits the use of demand mortgages for most consumer transactions. The Bureau may amend this rule to keep pace with changes in industry and secondary market standards for sale of mortgages.
ANTICIPATED SCHEDULE: Prior to December, 2000
AFFECTED PARTIES: Maine consumers of financial services and state-chartered financial institutions.

CHAPTER 109: Advertising by Financial Institutions, Credit Unions, Bank Holding Companies, and Service Corporations.
STATUTORY AUTHORITY: 9-B MRSA Sections 215, 241, and 242
PURPOSE: This rule provides guidance for advertising by financial institutions. The Bureau may amend this rule to keep pace with changes in state/federal rules governing this area.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine consumers of financial services and all state-chartered financial institutions.

CHAPTER 118: Deposit Account Disclosures.
STATUTORY AUTHORITY: 9-B MRSA Section 241
PURPOSE: This regulation sets forth minimum standards for disclosure of policies and fees charged customers of financial institutions in conjunction with the maintenance and operation of deposit accounts. The Bureau may amend this rule to keep pace with changes in the industry and/or federal rules.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine consumers of financial services and state-chartered financial institutions.

CHAPTER 119: Alternative Mortgage Transactions.
STATUTORY AUTHORITY: 9-B MRSA Sections 111, 215, and 241, 9-A MRSA Section 6-1041
PURPOSE: This joint regulation sets forth the guidelines for regulating alternative mortgage transactions entered into by financial institutions and supervised lenders. The Bureau may amend rule to keep pace with changes in industry and secondary market standards for sale of mortgages.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine consumers of financial services and state-chartered financial institutions.

CHAPTER 122: Securities Activities of Subsidiaries of Financial Institutions.
STATUTORY AUTHORITY: 9-B MRSA Sections 111, 131, and 416
PURPOSE: This rule provides the regulatory framework for financial institutions to engage in certain securities brokerage activities. The Bureau may amend rule to keep pace with changes in industry.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All state-chartered financial institutions and Maine consumers of financial services.

CHAPTER 123: Insurance Activities in Financial Institutions.
STATUTORY AUTHORITY: 9-B MRSA Sections 111,241, and 416.
PURPOSE: This rules provides the regulatory framework for financial institutions to enter into lease arrangements with an insurance producer for the distribution of insurance products. The Bureau may amend rule to keep pace with changes in state law and the regulated industry.
ANTICIPATED SCHEDULE: December, 2000.
AFFECTED PARTIES: All state-chartered financial institutions and Maine consumers of financial services.

CHAPTER 126: Guaranty Association Lines of Credit (Bureau of Insurance Rule Chapter 570).
STATUTORY AUTHORITY: 9-B M.R.S.A Section 215 and 24-A MRSA Sections 212 and 4435
PURPOSE: This joint rule was issued to establish the terms, conditions, standards, and form of any line of credit extended to the Maine Insurance Guaranty Association, Maine Life and Health Insurance Guaranty Association, or any of their member insurers, for purposes of facilitating the prompt payment of covered claims against insolvent insurers. The Bureau may amend this rule to keep pace with changes in the industry.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All financial institutions and Maine insurance company members of the Maine Insurance Guaranty Association.

CHAPTER 127: Minimum Capital Standards.
STATUTORY AUTHORITY: 9-B MRSA Section 412-A
PURPOSE: This regulation sets forth minimum capital requirements for Maine chartered financial institutions. The Bureau may amend this rule to keep pace with changes in federal law and/or the regulated industry.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All state-chartered financial institutions.

CHAPTER 128: Loans to One Borrower Limitations.
STATUTORY AUTHORITY: 9-B MRSA Section 439-A
PURPOSE: This regulation establishes the basis for determining the legal lending limit for all Maine chartered financial institutions, including their subsidiaries. The Bureau may amend this rule to keep pace with changes in federal law and/or the regulated industry.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All state-chartered financial institutions.

CHAPTER 129: Securities Activities in Financial Institutions.
STATUTORY AUTHORITY: 9-B MRSA Sections 111, 241, and 416
PURPOSE: This rule provides the regulatory framework for financial institutions and licensed broker-dealers to enter into arrangements for the sale of securities on the premises of the financial institution. The Bureau may amend this rule to keep pace with federal law and/or the regulated industry.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine consumers of non-deposit products and all state-chartered financial institutions.

CHAPTER 130: Distribution of Annuities Through Financial Institutions.
STATUTORY AUTHORITY: 9-B MRSA Section 443
PURPOSE: This regulation establishes the framework within which a financial institution may sell, or arrange for the sale of, annuities purchased from a licensed insurance company. The Bureau may amend this rule to keep pace with state/federal law.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine consumers of non-deposit products and all state-chartered financial institutions.

CHAPTER 131: Semiannual Assessments.
STATUTORY AUTHORITY: 9-B M.R.S.A Section 214
PURPOSE: This regulation establishes the assessment rate to be applied to Maine chartered financial institutions in order to provide for a reasonable flow of revenue to support Bureau operations. The Bureau may amend this rule to keep pace with changes in the regulated industry.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All state-chartered financial institutions.

CHAPTER 132: Mutual Holding Companies.
STATUTORY AUTHORITY: 9-B MRSA Section 1055
PURPOSE: This rule provides the regulatory framework to permit a mutual financial institution to reorganize into a subsidiary stock savings bank and form a mutual holding company. The Bureau may amend this rule to keep pace with state/federal law.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All state-chartered mutual and cooperative financial institutions

CHAPTER 133: Leasing of Personal Property by State-Chartered Credit Unions.
STATUTORY AUTHORITY: 9-B MRSA Sections 111, 215, and 828
PURPOSE: This rule provides the regulatory framework to permit state-chartered credit unions to lease personal property to their members. The Bureau may amend this rule to keep pace with federal law.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Members of state-chartered credit unions and all state-chartered credit unions.

CHAPTER 134: Credit Union Service Corporations.
STATUTORY AUTHORITY: 9-B MRSA Sections 111, 131(37), 215, and 828
PURPOSE: This regulation authorizes state-chartered credit unions to invest in service corporations that may engage in any activity permissible for a service corporation owned by a federally chartered credit union. The Bureau may amend this rule to keep pace with federal law.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Members of state-chartered credit unions and all state-chartered credit unions.

CHAPTER 135: Permissible Tie-In Arrangements.
STATUTORY AUTHORITY: 9-B M.R.S.A Sectionss 111, 215, and 243
PURPOSE: This regulation permits a financial institution authorized to do business in Maine to tie certain products/services to those of affiliates as permitted under federal law. The Bureau may amend this rule to keep pace with federal law.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All state-chartered financial institutions.

CHAPTER 136: Deposit Production Offices.
STATUTORY AUTHORITY: 9-B MRSA Section 241
PURPOSE: This regulation sets forth the factors that the Superintendent will consider in determining whether a financial institution or credit union authorized to do business in this State is operating a deposit production office. The Bureau may amend this rule to keep pace with changes on state/federal level.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine consumers and businesses and all financial institutions authorized to do business in this state.

CHAPTER 137: Interstate Branch Assessment.
STATUTORY AUTHORITY: 9-B M.R.S.A Section 214
PURPOSE: This regulation establishes a reasonable fee and timing for assessment of interstate branches. The Bureau may amend this rule to keep pace with changes in the industry.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Any financial institution operating an interstate branch.

CHAPTER 138: Truth-in Lending Regulation Z-2
STATUTORY AUTHORITY: 9-A MRSA Sections 6-104 and 8-104
PURPOSE: This rule adopts the Federal Truth-in-Lending regulations by reference so as to implement Article VIII of the Maine Consumer Credit Code. The Bureau may engage in joint rulemaking with the Office of Consumer Credit Regulation to amend this rule to keep pace with changes at the federal level and maintain Maine■s exemption from Reg. Z.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All state-chartered financial institutions, supervised lenders, and consumers.

CHAPTER 139: Sale of Insurance Products by Financial Institutions and Supervised Lenders
STATUTORY AUTHORITY: 9-B MRSA Section 448
PURPOSE: This rule establishes the requirements with respect to signage, physical location and identification of insurance agencies, producers and consultants in connection with the sale of insurance products by financial institutions, etc. The Bureau may amend this joint rule with Bureau of Insurance and Office of Consumer Credit Regulation to keep pace with changes in the industry and regulatory arena.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine consumers and state-chartered financial institutions

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-B MRSA Sections 842 and 828
PURPOSE: New rule to address powers and duties of the Board of Directors of credit unions.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All state-chartered credit unions.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A Sections 111 and 1015
PURPOSE: New rule to address applications processing protocol.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: All state-chartered financial institutions.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-B MRSA Section 215
PURPOSE: New rule to address safety and soundness issues essential to the supervision of state-chartered financial institutions.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine businesses and consumers of financial services and all state-chartered financial institutions.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-B MRSA Section 416
PURPOSE: New rule to address safety and soundness and consumer protection issues relating to powers granted through parity.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Consumers of financial services and all state-chartered financial institutions.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-B MRSA Section 418
PURPOSE: New rule to expand the activities in which a financial institution may engage under agency agreement.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Consumers of financial services and any financial institution providing services through agency agreements.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A Sections 131(6-A), 446-A, and 1014
PURPOSE: New rule expanding the list of closely related activities to keep pace with changes state/federal law and in the financial services industry.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine consumers and businesses and state-chartered financial institutions.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-B MRSA Section 468
PURPOSE: New rule to define or further define instructions on transactions with affiliates.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: State-chartered financial institutions.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A Section 475
PURPOSE: New rule to address trust activities of financial institutions.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: State-chartered financial institutions.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A Section 1216
PURPOSE: New rule to address activities of non-depository trust companies and implement provisions of newly enacted Chapter 121.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Non-depository trust companies.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-B MRSA Section 1227
PURPOSE: New rule to address activities of merchant banks and implement provisions of newly enacted Chapter 122.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Merchant banks.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-B MRSA Section 1238
PURPOSE: New rule to address activities of uninsured banks and implement provisions of newly enacted Chapter 123.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Uninsured banks.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-A MRSA Section 8-104(1); Title 10 MRSA Section 363(8)(A)
PURPOSE: New joint rule to establish disclosure and procedural requirements regarding the terms and conditions for student loan products offered by lenders and issuers and funded by an allocation of the state■s bond ceiling.
ANTICIPATED SCHEDULE: Fall, 1999.
AFFECTED PARTIES: All lenders and issuers of student loan products that are funded under an allocation of the state■s bond ceiling and consumers borrowing under those programs.

CHAPTER - : New Rule.
STATUTORY AUTHORITY: 9-A MRSA Sections 6-104(1)(E), 6-104(4)(A)
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule governing agency organization, administration and procedures.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-A MRSA Sections 5-105(2)(C) and 6-104
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule that establishes the method by which an employee■s wages may be garnished when the employee is paid other than weekly pursuant to the limitations of the Maine Consumer Credit Code.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-A MRSA Sections 4-301(4) and 6-104
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule which prohibits dual coverage of insurance on items related to credit transactions.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-A M.R.S.A Sections 2-510(3) and 8-104(1)
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule which authorizes the use of rate tables for calculating unearned interest on certain precomputed transactions and establishes certain standards that the tables must meet.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine consumers in credit transactions and creditors offering consumer credit on a precomputed basis.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-A MRSA Sections 6-104(1)(E), 1-301(25), and 6-409
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule that establishes fees collected from consumers for filing purposes are not ■Official Fees■ under the Maine Consumer Credit Code unless such fees are prescribed by law.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine credit consumers and Maine creditors.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-A MRSA Section 6-104(1)(E), 8-104(1), and 8-108(3)
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule that establishes the procedures the Bureau intends to follow upon discovery of certain violations of the Maine Consumer Credit Code.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-A MRSA Section 6-104(1)(E)
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule that defines ■refinancing■ and ■consolidation■ as those terms are used in the Maine Consumer Credit Code and establishes a formula to be used in refinancing multiple transactions.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-A MRSA Section 6-104
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to repeal the rule that adjusts certain dollar limitations in the Maine Consumer Credit Code to keep pace with the consumer price index.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER - : New Rule
STATUTORY AUTHORITY: 9-A MRSA Section 2-501
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule addressing permissible charges for benefits conferred upon the consumer.
ANTICIPATED SCHEDULE: Prior to December, 2000.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.


UMBRELLA/UNIT NUMBER: 02-029
AGENCY: Bureau of Banking, Securities Division
CONTACT PERSON: Christine Bruenn, Securities Administrator, State House Station 121, Augusta, ME 04333-0121, Ph#624-8551

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER - : New Rules
STATUTORY AUTHORITY: 32 MRSA Section 10703
PURPOSE: Rules defining certain fraudulent, dishonest, and unethical practices by broker-dealers, sales representatives, and investment advisers.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: All broker-dealers, sales representatives, investment advisers, and any consumers transacting business with those persons subject to the regulation.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Sections 10305 and 10703.
PURPOSE: Rule adopting license application forms and specifying licensing procedures for broker-dealers and sales representatives.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Broker-dealers and sales representatives applying for licenses.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Sections 10312 and 10703
PURPOSE: Rule adopting fees to be imposed by the Securities Administrator for conducting examinations of broker-dealers or investment advisers.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Broker-dealers and investment advisers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Sections 10307 and 10703
PURPOSE: Rule establishing testing requirements for sales representatives.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Sales representatives applying for a Maine license.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER 515:
STATUTORY AUTHORITY: 32 MRSA Sections 10305 and 10703
PURPOSE: Comprehensive amendment of existing investment adviser rule to reflect changes in the Revised Maine Securities Act necessitated by the National Securities Markets Improvement Act of 1996, to reflect higher initial and renewal fees, to specify record keeping requirements, to specify net capital and bonding requirements, and to add the updated Series 65 and Series 66, Certified Financial Planner, and Chartered Financial Analyst exams to the examination qualification requirements.
ANTICIPATED SCHEDULE: Prior to 9/2000
AFFECTED PARTIES: All investment advisers and persons representing investment advisers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - :New Rule
STATUTORY AUTHORITY: 32 MRSA Section 10703
PURPOSE: Rule dealing with offers of securities on the Internet.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Any person who plans to offer securities to Maine consumers on the Internet.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Section 10703
PURPOSE: Rule requiring the retention of offering materials by issuers selling securities in Maine. ANTICIPATED SCHEDULE: 9/2000.
AFFECTED PARTIES: Issuers selling securities in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Section 10703
PURPOSE: Rule providing for an exemption from securities registration for professional corporations incorporated in Maine.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Issuers and purchasers of the securities of professional corporations.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Sections 10703 and 10704
PURPOSE: Rule to provide an exemption from the requirement to file a consent to service of process for Maine entities who have previously designated the Secretary of State as their agent
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Maine issuers selling securities in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Sections 10502(3) and 10703.
PURPOSE: Rule providing an exemption from registration for offers of a security made by an issuer for the sole purpose of soliciting an indication of interest in receiving a prospectus for the security.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Maine issuers offering securities in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Sections 10502(2)(S) and 10703
PURPOSE: Rule establishing content of disclosure documents required to be given to offerees and buyers of viatical settlement contracts.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Issuers and sellers of viatical settlement contracts and Maine investors considering or buying viatical settlement contracts.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER 506 - : Rule Governing Broker-dealers Transacting Business on the Premises of Financial Institutions
STATUTORY AUTHORITY: 32 MRSA Section 10703
PURPOSE: Revise and update this rule to address changes in the industry.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Broker-dealers transacting business on premises of financial institutions, financial institutions, Maine investors and financial institution customers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Section 10703
PURPOSE: To define reasonable supervision as that term is used in 32 MRSA Section 10313(G).
ANTICIPATED SCHEDULE: Prior to 9/2000
AFFECTED PARTIES: Broker-dealers and investment advisers
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Sections 10607(3) and 10703
PURPOSE: Rule to prescribe the form in which a rescission offer may be made.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Issuers and broker-dealers making rescission offers, and Maine investors who receive rescission offers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Section 10703
PURPOSE: Rule to provide information to securities issuers seeking to register or qualify for an exemption in Maine outlining the requirements for securities registration or exemption filings.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Securities issuers and their legal counsel.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: Section 10703
PURPOSE: Rule to provide procedures and requirements for hearings for proceedings brought pursuant to the Revised Maine Securities Act.
ANTICIPATED SCHEDULE: Prior to 9/2000
AFFECTED PARTIES: All parties who may have proceedings pursuant to the Revised Maine Securities Act.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 5 MRSA Section 9001(3)
PURPOSE: Rule to prescribe the procedure for submission, consideration, and disposition of requests for advisory rulings.
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Anyone who may wish to request an advisory ruling from the Securities Division.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Section 10703
PURPOSE: Rule to define the term commercial paper as that term is used in 32 MRSA Section 10502 (1)(K).
ANTICIPATED SCHEDULE: Prior to 9/2000
AFFECTED PARTIES: Issuers and sellers of securities that may be deemed commercial paper and Maine investors being offered or sold such investments.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Section 10703
PURPOSE: Rule to address abandoned securities registration and exemption filings, broker-dealer, investment adviser and sales representative license filings.
ANTICIPATED SCHEDULE: Prior to 9/2000
AFFECTED PARTIES: Securities Issuers, Broker-dealers, Investment Advisers, and Sales Representatives who have failed to complete filings in a timely manner.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected

CHAPTER - : New Rule
STATUTORY AUTHORITY: 32 MRSA Section 10703
PURPOSE: To define the term ■associated with■ as used in 32 MRSA Section 10602(1)(C).
ANTICIPATED SCHEDULE: Prior to 9/2000.
AFFECTED PARTIES: Any person who is subject to an order of the administrator barring them from association with a broker-dealer or investment adviser in this state.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected


UMBRELLA/UNIT NUMBER: 02-030
AGENCY: Office of Consumer Credit Regulation
CONTACT PERSON: William N. Lund, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8527.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 110: Bureau Organization, Administration and Procedure
STATUTORY AUTHORITY: 9-A MRSA Sections 6-104(4)(A) and 6-104(1)(E)
PURPOSE: This rule sets forth the basic organizational and procedural structure of the agency. Due to changes in the statutory framework of the agency, this rule will be revised to reflect those changes.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors and other regulated entities.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 120: Multiple of the Federal Minimum Wage
STATUTORY AUTHORITY: 9-A MRSA Sections 5-105(2)(C) and 6-104
PURPOSE: The dollar amounts may be updated to more closely reflect the current minimum wage.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 140: Limited Coverage on Property Related to Credit Transactions
STATUTORY AUTHORITY: 9-A MRSA Section 4-301(4) and 6-104
PURPOSE: Chapter 140 may be amended to facilitate the offering of various insurance products.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 150: Authorization of Rate Tables to Determine Unearned Finance Charge STATUTORY AUTHORITY: 9-A MRSA Section 2-510(3)
PURPOSE: The Director is authorized to promulgate rate tables to assist creditors in determining appropriate refunds if consumers pay off precomputed credit contracts prior to the scheduled termination date. The agency may amend the regulation to make it applicable to a wider range of cases in which consumers make large partial prepayments in precomputed credit transactions.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 180: Definition of Official Fees
STATUTORY AUTHORITY: 9-A MRSA Sections 6-104(1) and 1-301(25)
PURPOSE: This rule defines what will be considered ■official fees, excludable from the finance charge in the Maine consumer credit transactions. The office may review this regulation to determine whether it should be updated, or even repealed in deference to existing state and federal Truth-in-Lending laws.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 190: Enforcement Policy Guidelines
STATUTORY AUTHORITY: 9-A MRSA Section 8-108(3)
PURPOSE: The rule sets forth the procedures to be followed when violations of the Maine Consumer Credit Code or related laws are established following an examination, or in response to consumer complaints. As the agency utilizes this rule and weighs the costs to creditors of compliance against the benefits derived by consumers, it may amend the rule to make certain that penalties do not outweigh benefits. In addition, the state agency follows general guidelines and tolerances promulgated and established by various federal regulatory agencies, and as those federal standards change the State must be prepared to conform to the new standards.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 200: Rule on Refinancing Multiple Transactions
STATUTORY AUTHORITY: 9-A MRSA Section 6-104(1)(E)
PURPOSE: Chapter 200 may be repealed, due to changes in the underlying Consumer Credit Code provision (9-A MRSA Section 2-504).
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 220: Change in Dollar Amounts
STATUTORY AUTHORITY: 9-A MRSA Section 1-106(4)
PURPOSE: The agency will propose to repeal Rule 220, because in 1998 the Legislature adopted non-adjustable dollar amounts in the Consumer Credit Code.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 240: Truth in Lending, Regulation Z-2
STATUTORY AUTHORITY: 9-A MRSA Section 6-104, 8-104 and 8-108
PURPOSE: Agency Rule 240 incorporates federal Regulation Z, ■Truth-in-Lending,■ into state law. The terms of the State■s exemption from the federal regulation require that the State retain the flexibility to amend its regulation to match changes on the federal level. This regulation determines how the true cost of credit and lending is disclosed to Maine consumers. It also incorporates Regulation M, Truth-in-Leasing. Although recently updated, the rule is always subject to further amendment to reflect changes in parallel federal regulations.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 250: Alternative Mortgage Transactions
STATUTORY AUTHORITY: 9-A MRSA Section 9-302
PURPOSE: Alternative mortgage transactions include adjustable rate and partially-amortizing mortgage loans. Rule 250 applies consumer protections to the offering of these loans. Many innovative products being offered in other parts of the country are not allowed under the current restrictions of Rule 250. A revised rule was recently issued jointly with the Maine Bureau of Banking. Both agencies remain prepared to reexamine the role in light of innovative new products which may be offered over the coming year.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 300: Collection Agencies - Application and Record Keeping Requirements
STATUTORY AUTHORITY: 32 MRSA Section 11034
PURPOSE: This rule sets forth requirements for those individuals and companies which wish to collect debts or repossess vehicles in Maine. The agency is constantly striving to find ways to clarify this rule, to ease regulatory burdens, while maintaining appropriate consumer protection.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Applicants for licensure to collect debts or repossess collateral.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 350: Credit Services Organization
STATUTORY AUTHORITY: 9-A MRSA Section 10-305
PURPOSE: Chapter 350 clarifies Article X of the Maine Consumer Credit Code, which regulates the activities of the Credit Services Organizations. These are innovative and mobile businesses, and the agency may propose amendments to the rule to address problems which may be encountered.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Loan brokers, and credit clinics, and their customers.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER 400: Sale of Insurance Products by Financial Institutions and Supervised Lenders.
STATUTORY AUTHORITY: 9-A MRSA Section 4-407 (enacted 1997)
PURPOSE: This regulation, issued jointly by the Office of Consumer Credit Regulation, the Bureau of Banking and the Bureau of Insurance, addresses issues regarding sales of insurance products by financial institutions. If its implementation reveals areas of needed change, amendments may be proposed.
ANTICIPATED SCHEDULE: Reviewed prior to December, 2000
AFFECTED PARTIES: Insurers, financial institutions, supervised lenders, and consumers.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER - : Money Order Issuers/Money Transmitters/Check Cashers/Foreign Currency Exchangers
STATUTORY AUTHORITY: 32 MRSA Sections 6125 and 6144
PURPOSE: The Legislature authorized appropriate, routine rulemaking to implement the 1997 statutory provisions relative to those financial companies.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Regulated companies; consumers.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER - : Disclosures for Certain Student Loans
STATUTORY AUTHORITY: 9-A MRSA Section 8-104(1); Title 10 MRSA Section 363(8)(A)
PURPOSE: New joint rule to establish disclosure and procedural requirements regarding the terms and conditions for student loan products offered by lenders and issuers and funded by an allocation of the state■s bond ceiling.
ANTICIPATED SCHEDULE: Fall, 1999
AFFECTED PARTIES: All lenders and issuers of student loan products that are funded under an allocation of the state■s bond ceiling and consumers borrowing under those programs.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.

CHAPTER - : Non-Bank Cash-Dispensing Machines
STATUTORY AUTHORITY: 32 MRSA Section 6159
PURPOSE: A new chapter may be promulgated to implement the 1999 Public Law, Chapter 229, ■An Act to Protect Customers of Nonbank Cash-dispensing Machines.■
ANTICIPATED SCHEDULE: July, 2000
AFFECTED PARTIES: Consumers; owners and operators of non-bank ATM■s.
CONSENSUS-BASED RULEMAKING: The agency does not plan to employ consensus-based rule development in formulating its planned rule changes.


UMBRELLA/UNIT NUMBER: 02-031
AGENCY: Bureau of Insurance
CONTACT PERSON: Thomas M. Record, Esq., Senior Staff Attorney, 34 State House Station, Augusta, ME 04333-0034. Tel: (207) 624-8424

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CONSENSUS-BASED RULE DEVELOPMENT: It is not anticipated that consensus-based rule development within the meaning of 1999 P.L. c. 307 will be used in formulating any of the proposals listed below.

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 470: Worker's Compensation Insurance Premium Audit and Adjustment
STATUTORY AUTHORITY: 24-A MRSA Sections 212, 2151-B and 2381-A
PURPOSE: to assure that employers are not subject to inappropriate charges upon mid-term cancellation of worker■s compensation insurance coverage by the employer.
ANTICIPATED SCHEDULE: Fall-late 1999
AFFECTED PARTIES: Worker's compensation insurers and employers.

CHAPTER 530: Provisional Medical or Disability Insurance Payments to Worker■s Compensation Claimants
STATUTORY AUTHORITY: 39-A M.R.S.A Section 222
PURPOSE: to clarify applicability as to dependent■s coverage as well as regarding the extent to which health insurer■s may require claimant■s to pursue their worker■s compensation claims.
ANTICIPATED SCHEDULE: 2000
AFFECTED PARTIES: Injured workers, health carriers

CHAPTER 700: Worker's Compensation Apportionment Arbitration
STATUTORY AUTHORITY: Repealed
PURPOSE: to repeal rule with respect to which the underlying statutory authority has been repealed pursuant to 1999 PL c. 354.
ANTICIPATED SCHEDULE: Late 1999.
AFFECTED PARTIES: Worker■s compensation insurers and self-insurers, attorneys, arbitrators.

CHAPTER 420: Nursing Home Care Insurance and Long Term Care Insurance
STATUTORY AUTHORITY: 24-A MRSA Sections 505 and 5053
PURPOSE: to update in light of NAIC Model Regulation requirements relating to nonforfeiture values and other standards as required by 1999 PL chapters 292 and 521.
ANTICIPATED SCHEDULE: Prior to year-end 1999
AFFECTED PARTIES: General public and long term care insurers and updates should encourage products to be more attractive and desirable

NEW RULE: Health Plan Reporting Requirements
STATUTORY AUTHORITY: 24 ■A MRSA Sections 4211, 4218, 4222-B, 4228, 4234-A, 4301 and 4309.
PURPOSE: to standardize health plan reporting requirements. Plans are currently required to file annual reports pursuant to both the Health Plan Improvement Act and the HMO law, but these laws do not specify a reporting format.
ANTICIPATED SCHEDULE: late 1999
AFFECTED PARTIES: Health Carriers including Health Maintenance Organizations

NEW RULE: Basic Plans for Health Maintenance Organizations
STATUTORY AUTHORITY: 24-A MRSA Section 42
Purpose: to comply with legislative mandate for the Superintendent to adopt rules establishing minimum standards specifically applicable to HMO contracts
ANTICIPATED SCHEDULE: late 1999.
AFFECTED PERSONS: Health maintenance organizations, providers contracting with HMOs, and members of HMOs.

NEW RULE: Employee Benefit Excess Insurance
STATUTORY AUTHORITY: 24-A MRSA Sections 212 and 707(3)
PURPOSE: to establish a standard for the determination of whether an insurance policy should be treated as a health insurance policy or a stop loss insurance policy for regulatory purposes and address other regulatory issues related to regulated entities which do business with self-funded and partially self-funded health plans.
ANTICIPATED SCHEDULE: 2000.
AFFECTED PARTIES: Health insurance buying public and health insurers and excess insurers

NEW RULE: Individual Health Insurance Rate Filings
STATUTORY AUTHORITY: 24 MRSA Section 2321 and 24-A MRSA Sections 212, 2413 and 2736
PURPOSE: To assure, to the fullest extent possible, that premiums are reasonable, equitable and adequate; (2) to provide for regular monitoring and corrective action by insurers to assure that premiums are neither excessive relative to experience nor deficient; and (3) to facilitate prompt and efficient processes with respect to rate filings.
ANTICIPATED SCHEDULE: Scheduled for hearing on October 12, 1999
AFFECTED PARTIES: Individual health insurance policyholders, health carriers

NEW RULE: Viatical settlements
STATUTORY AUTHORITY: 24-A MRSA Sections 212 and 6810
PURPOSE: to amplify the standards in the statute
ANTICIPATED SCHEDULE: Proposed draft in Executive Review Stage.
AFFECTED PARTIES: Terminally ill individuals, viatical providers and producers

NEW RULE: Group Health Insurance; Preexisting Conditions
STATUTORY AUTHORITY: 24-A MRSA Sections 212 and 2849, sub-Section 6
PURPOSE: to substitute for the requirement of 24-A MRSA Section 2849(3)(C) a requirement that prohibits application of a preexisting condition or waiting period with respect to classes or categories of benefits that are covered under a replaced contract or policy, such rules to be consistent with the federal Public Health Service Act, Title XXVII, Section 2710(c)(3)(B).
ANTICIPATED SCHEDULE: on hold pending finalization of federal regulations
AFFECTED PARTIES: Insureds and potential insureds, health carriers

Rule 830: Valuation of Life Insurance Policies
STATUTORY AUTHORITY: Title 24-A MRSA Sections 212, 953, and 957-A
PURPOSE: to conform Maine requirements to new national standards as adopted by NAIC
ANTICIPATED SCHEDULE: Late 1999
AFFECTED PARTIES: Insurers issuing term life insurance

Rule 340: Mortality Tables for Use in Determining Minimum Reserves and Nonforfeiture Benefits
STATUTORY AUTHORITY: Title 24-A MRSA Sections 212, 953, and 2532-A
PURPOSE: to adopt new annuity mortality table as adopted by NAIC
ANTICIPATED SCHEDULE: Late 1999
AFFECTED PARTIES: Insurers issuing annuities

CHAPTER 191: Health Maintenance Organizations
STATUTORY AUTHORITY: 24-A MRSA Chapter 56
PURPOSE: To make clarifications to miscellaneous issues which have arisen since 1996 adoption of rule
ANTICIPATED SCHEDULE: Fall-winter 1999
AFFECTED PARTIES: Health maintenance organizations and their members

CHAPTER 220: Credit Life and Health Insurance
STATUTORY AUTHORITY: 24-A MRSA Chapter 37
PURPOSE: To amend current rule to clarify procedures for rate deviations and refund calculations and to specify what constitutes ■premiums■ for purposes of determining the maximum permissible commission level
ANTICIPATED SCHEDULE: mid-late 2000
AFFECTED PARTIES: Consumers who purchase credit insurance, credit life and health insurers

CHAPTER 230: Requirements for a Certificate of Authority
STATUTORY AUTHORITY: 24-A MRSA Section 212
PURPOSE: to implement clarifying changes recommended during Rule Review Process and other miscellaneous changes
ANTICIPATED SCHEDULE: spring/summer 2000
AFFECTED PARTIES: Applicants for authority to transact insurance


UMBRELLA/UNIT NUMBER: 02-035
AGENCY: Maine Athletic Commission
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 110: WRESTLING
CHAPTER 210: KICKBOXING
CHAPTER 510: BOXING INFORMATION
CHAPTER 520: PROMOTERS
CHAPTER 530: BOXING CONTENTS
CHAPTER 540: BOXERS
CHAPTER 550: REFEREES
CHAPTER 560: JUDGES
CHAPTER 570: TIMEKEEPERS
CHAPTER 580: KNOCKTOWN TIMEKEEPERS
CHAPTER 590: MANAGERS AND SECONDS
CHAPTER 600: PHYSICIANS

STATUTORY AUTHORITY: 32 MRSA Section 13507
PURPOSE: The Board intends to review and revise its rules to better define boxing, wrestling, and kickboxing; establish requirements for the medical advisory committee; restructure the fee schedule for promoters and set new schedules for all other license categories. Secondly, the rules would revise the advance bond requirements to ensure tax payment from promoters; and, any other changes that may be necessary for continuing the operation of the Commission.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-039
AGENCY: Maine Real Estate Commission
CONTACT PERSON: 35 State House Station, Augusta, ME 04333

EMERGENCY RULE ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 300: General Information
STATUTORY AUTHORITY: 32 MRSA Section 13065
PURPOSE: This Chapter sets the guidelines for meetings and Commission records. It may be necessary to amend the ■Records■ section to clarify access to electronic records or other issues resulting from changes in technology. The Commission does not plan to use consensus-based rule development in proposing any needed changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real Estate licensees and the public.

CHAPTER 320: Agency/Designated Broker Responsibilities
STATUTORY AUTHORITY: 32 MRSA Section 13065
PURPOSE: The Chapter sets the standards for maintaining a real estate company. Changes in banking practices, particularly the impact of technology on records, may require changes to the trust account sections. The Commission does not plan to use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate licensees and the public.

CHAPTER 330: Minimum Standards of Practice
STATUTORY AUTHORITY: 32 MRSA Section 13065
PURPOSE: The Chapter sets the minimal standards for practicing real estate brokerage. Internet advertising issues may develop that may require the Commission to amend the ■advertising■ section to establish specific standards for advertising in that medium. Changes in industry practice may require the Commission to amend the Chapter to ensure that the standards remain current and appropriate to protect the public interest. The Commission does not plan to use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate licensees, home buyers and sellers.

CHAPTER 340: Complaints and Investigations
STATUTORY AUTHORITY: 32 MRSA Section 13065
PURPOSE: The Chapter sets the guidelines for filing complaints and conducting investigations. As Commission decisions go through the appellate process, procedural issues may arise that would require the Commission to change its complaint and/or investigative process. The Commission does not plan to use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate licensees and complainants.

CHAPTER 350: Adjudicatory Hearings
STATUTORY AUTHORITY: 32 MRSA Section 13065
PURPOSE: The Chapter establishes the guidelines for adjudicatory hearings. As Commission decisions go through the appellate process, procedural issues may arise that would require the Commission to change its hearing process. The Commission does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate licensees and hearing participants.

CHAPTER 360: Prerequisites to Licensure by Individuals
STATUTORY AUTHORITY: 32 MRSA Section 13065
PURPOSE: The Chapter establishes the educational qualifications for licensure. Clarification of the educational options available to individuals at the various levels of licensure may be necessary. The Commission may reduce the number of examination questions for the associate broker exam so that each exam administered by the Commission is testing the same number of questions. The Commission does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate license applicants and course providers.

CHAPTER 370: Continuing Education
STATUTORY AUTHORITY: 32 MRSA Section 13065
PURPOSE: The Chapter sets the guidelines for review and approval of continuing education courses. Changes may be necessary to ensure that course filing procedures for all types of educational programs are consistent and provide for reasonable standards to ensure the delivery of qualify educational programs. The Commission does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate licensees and continuing education providers.

CHAPTER 380: Fees
STATUTORY AUTHORITY: 32 MRSA Section 13065
PURPOSE: The chapter sets the fees charged for all purposes. To maintain the Commission■s programs and services it may be necessary to increase some fees. License fees are currently set at the statutory cap. The Commission does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one year (1), if needed.
AFFECTED PARTIES: Real estate licensees, educational providers and the public.

CHAPTER 390: Licensing procedures and requirements
STATUTORY AUTHORITY: 32 MRSA Section 13065
PURPOSE: The Chapter provides information regarding examinations and license applications. Procedures for exam reviews may need to be adopted. In addition should the Commission contract for examination services it may be necessary to adopt or amend sections to address any procedural changes, as specified by the contract. The Commission does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate license applicants and licensees.


UMBRELLA/UNIT NUMBER: 02-041
AGENCY: Office of Licensing and Registration
CONTACT PERSON: Anne L. Head, Director, 35 State House Station,Augusta, Maine 04333-0035. 207-624-8633

Charitable Solicitations Act

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 1: DEFINITIONS
STATUTORY AUTHORITY: 10MRSA Section 8003
PURPOSE: The office may repeal and replace chapter 1 and create new chapters that more appropriately address the requirements for filing of financial reports of fund-raising campaigns by the charitable organizations that employ fund-raising counsel, professional solicitors or commercial co ventures. To appropriately address enforcement, grounds for discipline and standards of practice; change the expiration date of the licenses to allow the filing of financial reports at the time of renewal; make minor technical and grammatical changes.
ANTICIPATED SCHEDULE: Prior to December 1999.
AFFECTED PARTIES: Registered Charitable Organizations, Professional Solicitors, Commercial Co Venture and Professional Fund-Raising Counsel.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 2: GENERAL INFORMATION
STATUTORY AUTHORITY: 10 MRSA Section 8003
PURPOSE: The office may repeal and replace chapter 1 and create new chapters that more appropriately address the requirements for filing of financial reports of fund-raising campaigns by the charitable organizations that employ fund-raising counsel, professional solicitors or commercial co ventures. To appropriately address enforcement, grounds for discipline and standards of practice; change the expiration date of the licenses to allow the filing of financial reports at the time of renewal; make minor technical and grammatical changes.
ANTICIPATED SCHEDULE: Prior to December 1999.
AFFECTED PARTIES: Registered Charitable Organizations, Professional Solicitors, Commercial Co Venture and Professional Fund-Raising Counsel.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 3: REGISTRATION REQUIREMENTS
STATUTORY AUTHORITY: 10 MRSA Section 8003
PURPOSE: The office may repeal and replace chapter 1 and create new chapters that more appropriately address the requirements for filing of financial reports of fund-raising campaigns by the charitable organizations that employ fund-raising counsel, professional solicitors or commercial co ventures. To appropriately address enforcement, grounds for discipline and standards of practice; change the expiration date of the licenses to allow the filing of financial reports at the time of renewal; make minor technical and grammatical changes.
ANTICIPATED SCHEDULE: Prior to December 1999.
AFFECTED PARTIES: Registered Charitable Organizations, Professional Solicitors, Commercial Co Venture and Professional Fund-Raising Counsel.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 4: Fees
STATUTORY AUTHORITY: 10 MRSA Section 8003
PURPOSE: The office may repeal and replace chapter 1 and create new chapters that more appropriately address the requirements for filing of financial reports of fund-raising campaigns by the charitable organizations that employ fund-raising counsel, professional solicitors or commercial co ventures. To appropriately address enforcement, grounds for discipline and standards of practice; change the expiration date of the licenses to allow the filing of financial reports at the time of renewal; make minor technical and grammatical changes.
ANTICIPATED SCHEDULE: Prior to December 1999.
AFFECTED PARTIES: Registered Charitable Organizations, Professional Solicitors, Commercial Co Venture and Professional Fund-Raising Counsel.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 5: COMPLAINTS, INVESTIGATIONS AND ADJUDICATORY HEARINGS
STATUTORY AUTHORITY: 10 MRSA Section 8003
PURPOSE: The office may repeal and replace chapter 1 and create new chapters that more appropriately address the requirements for filing of financial reports of fund-raising campaigns by the charitable organizations that employ fund-raising counsel, professional solicitors or commercial co ventures. To appropriately address enforcement, grounds for discipline and standards of practice; change the expiration date of the licenses to allow the filing of financial reports at the time of renewal; make minor technical and grammatical changes.
ANTICIPATED SCHEDULE: Prior to December 1999.
AFFECTED PARTIES: Registered Charitable Organizations, Professional Solicitors, Commercial Co Venture and Professional Fund-Raising Counsel.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

Registration of Interpreters for the Deaf and Hard of Hearing

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 120: DEFINITIONS
STATUTORY AUTHORITY: 32 MRSA Section 1522
PURPOSE: The office may create new rules containing chapters to amplify statutory definitions and requirements applicable to interpreters for the deaf and hard of hearing. These new chapters will include rules on registration requirements; disclosure of qualifications to the public; to set forth fees to be charged by the department; and to outline the requirements for the procedures to conduct hearings, reviews and complaints.
ANTICIPATED SCHEDULE: Prior to June 30, 2000.
AFFECTED PARTIES: Registered Interpreters for the Deaf and Hard of Hearing and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 220: GENERAL INFORMATION
STATUTORY AUTHORITY: 32 MRSA Section 1522
PURPOSE: The office may create new rules containing chapters to amplify statutory definitions and requirements applicable to interpreters for the deaf and hard of hearing. These new chapters will include rules on registration requirements; disclosure of qualifications to the public; to set forth fees to be charged by the department; and to outline the requirements for the procedures to conduct hearings, reviews and complaints.
ANTICIPATED SCHEDULE: Prior to June 30, 2000.
AFFECTED PARTIES: Registered Interpreters for the Deaf and Hard of Hearing and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 320: LICENSURE REQUIREMENTS
STATUTORY AUTHORITY: 32 MRSA Section 1522
PURPOSE: The office may create new rules containing chapters to amplify statutory definitions and requirements applicable to interpreters for the deaf and hard of hearing. These new chapters will include rules on registration requirements; disclosure of qualifications to the public; to set forth fees to be charged by the department; and to outline the requirements for the procedures to conduct hearings, reviews and complaints.
ANTICIPATED SCHEDULE: Prior to June 30, 2000.
AFFECTED PARTIES: Registered Interpreters for the Deaf and Hard of Hearing and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 420: Fees
STATUTORY AUTHORITY: 32 MRSA Section 1522
PURPOSE: The office may create new rules containing chapters to amplify statutory definitions and requirements applicable to interpreters for the deaf and hard of hearing. These new chapters will include rules on registration requirements; disclosure of qualifications to the public; to set forth fees to be charged by the department; and to outline the requirements for the procedures to conduct hearings, reviews and complaints.
ANTICIPATED SCHEDULE: Prior to June 30, 2000.
AFFECTED PARTIES: Registered Interpreters for the Deaf and Hard of Hearing and the general public..
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 520: COMPLAINTS, INVESTIGATIONS AND ADJUDICATORY HEARINGS
STATUTORY AUTHORITY: 32 MRSA Section 1522
PURPOSE: The office may create new rules containing chapters to amplify statutory definitions and requirements applicable to interpreters for the deaf and hard of hearing. These new chapters will include rules on registration requirements; disclosure of qualifications to the public; to set forth fees to be charged by the department; and to outline the requirements for the procedures to conduct hearings, reviews and complaints.
ANTICIPATED SCHEDULE: Prior to June 30, 2000.
AFFECTED PARTIES: Registered Interpreters for the Deaf and Hard of Hearing and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

Athletic Trainers

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 110: DEFINITIONS
STATUTORY AUTHORITY: 32 MRSA Section 14353(2)
PURPOSE: The office may create new chapters to appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline and standards of practice.
ANTICIPATED SCHEDULE: Prior to June 30, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 210: GENERAL INFORMATION
STATUTORY AUTHORITY: 32 MRSA Section 14353(2)
PURPOSE: The office may create new chapters to appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline and standards of practice.
ANTICIPATED SCHEDULE: Prior to June 30, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 310: LICENSURE REQUIREMENTS
STATUTORY AUTHORITY: 32 MRSA Section 14353(2)
PURPOSE: The office may create new chapters to appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline and standards of practice.
ANTICIPATED SCHEDULE: Prior to June 30, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 410: Fees
STATUTORY AUTHORITY: 32 MRSA Section 14353(2)
PURPOSE: The office may create new chapters to appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline and standards of practice.
ANTICIPATED SCHEDULE: Prior to June 30, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 510: COMPLAINTS, INVESTIGATIONS AND ADJUDICATORY HEARINGS
STATUTORY AUTHORITY: 32 MRSA Section 14353(2)
PURPOSE: The office may create new chapters to appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline and standards of practice.
ANTICIPATED SCHEDULE: Prior to June 30, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

Massage Therapists Registration

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:
STATUTORY AUTHORITY: 32 MRSA, Chapter 127

CHAPTER 100 - DEFINITIONS
CHAPTER 200 - GENERAL INFORMATION
CHAPTER 300 - LICENSURE/REGISTRATION REQUIREMENTS
CHAPTER 400 - COMPLAINTS AND INVESTIGATIONS

PURPOSE: No scheduled rulemaking anticipated.
CONSENSUS-BASED RULE DEVELOPMENT: N/A
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Certified Massage Therapists, Registered Massage Practitioners, and general public.


UMBRELLA/UNIT NUMBER: 02-070
AGENCY: Board of Certification for Geologists and Soil Scientists
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: DEFINITIONS
CHAPTER 2: GENERAL INFORMATION
CHAPTER 3: CODE OF ETHICS
CHAPTER 4: CERTIFICATION REQUIREMENTS
CHAPTER 5: FEES
CHAPTER 6: COMPLAINTS, INVESTIGATIONS AND ADJUDICATORY HEARINGS

STATUTORY AUTHORITY: 32 MRSA Section 4908
PURPOSE: No rulemaking anticipated.
ANTICIPATED SCHEDULE:
AFFECTED PARTIES:
CONSENSUS-BASED RULE DEVELOPMENT: N/A


UMBRELLA/UNIT NUMBER: 02-164
AGENCY: Board of Hearing Aid Dealers and Fitters
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER 1: General Provisions
STATUTORY AUTHORITY: 32 MRSA, 1660-B(9)
PURPOSE: This Chapter establishes minimum testing requirements, supervision of trainees, and medical conditions that require special procedures.
ANTICIPATED SCHEDULE: Summer 2000
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Licensing Procedure
STATUTORY AUTHORITY: 32 MRSA, Section 1660-B(9)
PURPOSE: This Chapter establishes eligibility requirements for the licensing of hearing aid dealers and fitters, hearing aid companies, and for temporary trainee permits
ANTICIPATED SCHEDULE: Summer 2000
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Application and Examination Process
STATUTORY AUTHORITY: 32 MRSA, Section 1660-B(9)
PURPOSE: This Chapter establishes the application procedure, examination, licensing procedure, and continuing education requirements of the Board.
ANTICIPATED SCHEDULE: Summer 2000
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 4: Complaints
STATUTORY AUTHORITY: 32 MRSA, Section 1660-B(9)
PURPOSE: This Chapter establishes basic guidelines for the handling of complaints received by the Board.
ANTICIPATED SCHEDULE: Summer 2000
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 5: Initial License and Renewal Fees
STATUTORY AUTHORITY: 32 MRSA, Section 1660-B(9)
PURPOSE: This Chapter establishes the expiration date and license renewal procedure of the Board. The fees may change pursuant to future legislation.
ANTICIPATED SCHEDULE: Summer 2000
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 6: Calibration Standards
STATUTORY AUTHORITY: 32 MRSA, 1660-B(9)
PURPOSE: This Chapter establishes calibration and recalibration standards of instruments used by hearing aid dealers and fitters.
ANTICIPATED SCHEDULE: Summer 2000
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 7: Code of Ethics
STATUTORY AUTHORITY: 32 MRSA, Section 1660-B(9)
PURPOSE: This Chapter establishes a code of ethics reflecting the standards of conduct that the Board has designated as unacceptable in the practice of hearing aid dealers and fitters. Amendment would clarify the intent of revisions to 32 MRSA, Section 1658-B, relating to ■Payment■ and ■Trial Period■.
ANTICIPATED SCHEDULE: Summer 2000
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.


UMBRELLA/UNIT NUMBER: 02-174
AGENCY: Board of Boiler Rules
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: DEFINITIONS
STATUTORY AUTHORITY: 32 MRSA Sections 15104 and 15109(8)
PURPOSE: The Board intends to clarify its definitions.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 2: GENERAL RULES GOVERNING BOILERS OF ALL TYPES
STATUTORY AUTHORITY: 32 MRSA Sections 15104 and 15109(8)
PURPOSE: The Board intends to amend this chapter to adopt the 1998 Edition of the ASME Boiler and Pressure Vessel Code.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 3: POWER BOILERS
STATUTORY AUTHORITY: 32 MRSA Sections 15104 and 15109(8)
PURPOSE: The Board intends to review and amend this chapter to clarify the requirement and procedures for the design, construction, installation and operation of power boilers.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 4: MINIATURE BOILERS
STATUTORY AUTHORITY: 32 MRSA Section 15104 and 15109(8)
PURPOSE: The Board intends to review and amend this chapter to clarify the requirements and procedures for the construction and operation of high pressure boilers which fall into the classification of miniature boilers because of size, heating surface area, volume and pressure limitations.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 5: LOW PRESSURE BOILERS
STATUTORY AUTHORITY: 32 MRSA Section 15104 and 15109(8)
PURPOSE: The Board intends to review and amend this chapter to clarify the requirements and procedures for the identification, construction, and installation of low pressure boilers.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 6: PRESSURE VESSELS
STATUTORY AUTHORITY: 32 MRSA Section 15104 and 15109(8)
PURPOSE: The Board intends to amend this chapter to adopt the 1998 edition of the ASME Boiler and Pressure Vessel Codes.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 7: WELDING
STATUTORY AUTHORITY: 32 MRSA Sections 15104, 15109(8) and 15110
PURPOSE: The Board intends to review and amend this chapter to clarify the requirements and procedures to be followed in performing any welded repair, alteration, or piping fabrication on boilers or pressure vessels not exempt by the law.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 8: SHOP CERTIFICATION
STATUTORY AUTHORITY: 32 MRSA Sections 15104 and 15109(8)
PURPOSE: The Board intends to review and amend this chapter to clarify the requirements and procedures for inspection and review of the shops fabricating boilers and pressure vessels under ASME Boiler and Pressure Vessel Codes.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 9: BOILER INSPECTORS
STATUTORY AUTHORITY: 32 MRSA Sections 15104 and 15109(8)
PURPOSE: The Board intends to review and amend this chapter to clarify the requirements for qualification and certification of boiler inspectors and the dates of examination.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 10: BOILER ENGINEERS AND OPERATORS
STATUTORY AUTHORITY: 32 MRSA Sections 15104 and 15109(8)
PURPOSE: The Board intends to review and amend this chapter to clarify the requirements and procedures for the examination and licensing of boiler engineers and operators.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 11: WELDERS
STATUTORY AUTHORITY: 32 MRSA Sections 15104 and 15109(8)
PURPOSE: The Board intends to review and amend this chapter to clarify the requirements and procedure for certifying and maintaining welders qualifications to weld on boilers and pressure vessels.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 12: FEES
STATUTORY AUTHORITY: 32 MRSA Sections 15104 and 15109(8)
PURPOSE: The Board intends to review and amend this chapter by adding an application fee.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 13: GENERAL INFORMATION
STATUTORY AUTHORITY: 32 MRSA Sections 15104 and 15109(8)
PURPOSE: No scheduled rulemaking anticipated.
ANTICIPATED SCHEDULE:
AFFECTED PARTIES:
CONSENSUS-BASED RULE DEVELOPMENT: N/A

CHAPTER 14: COMPLAINTS, INVESTIGATIONS AND ADJUDICATORY HEARINGS
STATUTORY AUTHORITY: 32 MRSA Sections 15104 and 15109(8)
PURPOSE: No scheduled rulemaking anticipated.
ANTICIPATED SCHEDULE:
AFFECTED PARTIES:
CONSENSUS-BASED RULE DEVELOPMENT: N/A


UMBRELLA/UNIT NUMBER: 02-265
AGENCY: Board of Barbering and Cosmetology
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: General Information
STATUTORY AUTHORITY: 32 MRSA Section 14212
PURPOSE: This rule establishes guidelines relating to meetings, examinations, advisory rulings, complaints, maintenance of records, and fees. This chapter may be amended to remove outdated language and processes as well as further clarify the areas pertaining to citations and fines and place under Chapter 3. Since the last effective date of this chapter, examinations have been modified that amending these rules to reflect new processes. The current fee schedule will be reviewed and modified as may be necessary to insure the financial integrity of the Board.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 2: Rules Relating to Cosmetologists, Barber, Aesthetician, and Manicurist Trainee.
STATUTORY AUTHORITY: 32 MRSA Section 14212
PURPOSE: These rules establish the requirements for eligibility, training, examination and licensing of cosmetologists, manicurists, aestheticians, and barber trainees. The rules may be reviewed and amended to reflect new procedures in place for applicants applying for examination. The rules will also be reviewed to insure clarity and conformance with current laws.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 3: Establishments, Booths where Cosmetology, Barbering, Aesthetics, Manicuring is Practiced.
STATUTORY AUTHORITY: 32 MRSA Section 14212
PURPOSE: These rules pertain to the construction and safety of establishments; sanitary standards; licensing requirements; and use of appliances, apparatus and electrical and non electrical machines used in connection with the practice licensed, and establish standards for the issuance of citations. This chapter will be reviewed to insure clarity and conformance with current laws. The areas regarding sanitation and safe practice will also be reviewed and updated.
ANTICIPATED SCHEDULE: Prior to Fall, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 4: Rules for Certifying Barber and Cosmetology Instructors
STATUTORY AUTHORITY: 32 MRSA Section 14212
PURPOSE: These rules establish the requirements for the examination and licensing of Barber and Cosmetology Instructors. These rules will be reviewed to insure clarity and conformance with current laws and will be expanded to include rules for certifying Aesthetic and Manicuring Instructors as authorized by 1999, Public Law 386. The section on examinations will be amended to reflect new examination procedures as well as to conduct a review on the qualifications for licensure.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 5: Requirements to Hold a Demonstrator License
STATUTORY AUTHORITY: 32 MRSA Section 14212
PURPOSE: These rules establish the qualification for individuals who seek licensure to demonstrate machines, articles or techniques outside a licensed establishment pertaining to practices licensed by the board. The rules will be reviewed to insure conformity with statutory authority.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 6: Rules for Qualifying and Licensing of Schools
STATUTORY AUTHORITY: 32 MRSA Section 14247
PURPOSE: The school rules will be reviewed and updated to meet the current national trends and as authorized in 1999, Public Law 386, and update the standards relating to educational programs, instructor qualifications, records and record keeping, health and sanitation, safety and physical facilities.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Yes

CHAPTER 7: New Chapter
STATUTORY AUTHORITY: 32 MRSA Section 14212(2)(D)
PURPOSE: Establish clear standards to apply for a license to practice barbering, cosmetology, manicuring and aesthetics.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-280
AGENCY: Board of Accountancy
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: DEFINITIONS
CHAPTER 2: GENERAL INFORMATION
CHAPTER 3: EXAMINATION REQUIREMENTS
CHAPTER 4: CERTIFICATION REQUIREMENTS
CHAPTER 5: PERMITS TO PRACTICE, INDIVIDUAL
CHAPTER 6: PERMITS TO PRACTICE, FIRMS
CHAPTER 7: COMPLAINTS, INVESTIGATIONS AND ADJUDICATORY HEARINGS
CHAPTER 8: RULES OF PROFESSIONAL CONDUCT
CHAPTER 9: FEES

STATUTORY AUTHORITY: 32 MRSA Section 12214
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying the requirements for Permits to Practice for Firms.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licenses and the general public.

CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-285
AGENCY: Board of Veterinary Medicine
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: Licensing of Veterinarians
STATUTORY AUTHORITY: 32 MRSA Section 4859
PURPOSE: The board may review and amend these rules to insure conformity with current laws and correctness of language. The board may review and amend the provisions for examination and eligibility for licensure, licensure including continuing professional education requirements and procedures, including the application process for permits for performance of relief veterinary service. The board may review and amend the provisions for examination and eligibility for licensure, licensure, including continuing professional education requirements and procedures. The fees schedule will be reviewed and modified to insure the board's financial integrity.
ANTICIPATED SCHEDULE: October, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 2: Registration of Animal Technicians
STATUTORY AUTHORITY: 32 MRSA Section 4859
PURPOSE: The board may review and amend these rules to insure conformity with current laws and correctness of language. The board may review and amend the provisions for examination and eligibility for licensure, licensure, including continuing professional education requirements and procedures.
ANTICIPATED SCHEDULE: October, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 3: Standards and Guidelines for Practice
STATUTORY AUTHORITY: 32 MRSA Section 4859
PURPOSE: The board may review and update the standards of practice to insure that they meet current practice standards. The board may review and amend these rules to insure conformity with current laws and correctness of language.
ANTICIPATED SCHEDULE: October, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 4: Hearing Rules for Adjudicatory Proceedings
STATUTORY AUTHORITY: 32 MRSA Section 4859
PURPOSE: The board may review and update this chapter and for possible consolidation or create a new chapter addressing complaints and enforcement issues and amend to conform with standards utilized by the Office of Licensing and Registration. The board may review and amend these rules to insure conformity with current laws and correctness of language.
ANTICIPATED SCHEDULE: October, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 5: Advisory Rulings
STATUTORY AUTHORITY: 32 MRSA Section 4859
PURPOSE: The board may review and update this chapter and for possible consolidation or create a new chapter addressing general operating procedures. The board may review and amend these rules to insure conformity with current laws and correctness of language.
ANTICIPATED SCHEDULE: October, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-288
AGENCY: Board of Licensure of Architects, Landscape Architects and Interior Designers
35 State House Station, Augusta, ME 04333

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 1: Board Administration
STATUTORY AUTHORITY: 32 MRSA Section 214(1)
PURPOSE: The Chapter establishes the Board■s operational procedures. The Board will be reviewing the rules during the term of this regulatory agenda and may recommend amendments to improve the Board■s efficiency and effectiveness. The Board does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 2: Rules for Architects, Landscape Architects and Interior Designers
STATUTORY AUTHORITY: 32 MRSA Section 214(1)
PURPOSE: The Chapter sets the qualifications for licensure, a code of conduct and the fee schedule. The Board will be reviewing the rules during the term of this regulatory agenda and may make recommendations for changes. Along with recommendations that may arise from the review, the following changes may be considered: Section 1 may be repealed as the address for the Board has changed and the purpose for the section is no longer necessary; Section 7 may be amended to require interior designers to pay an application fee and the exam fee, by section, may be repealed because the fee is now paid to the testing company; Section 8 may be amended to allow licensees to seal documents electronically; and, the Board may wish to clarify the term ■broadly experienced.■
The Board does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and license applicants.


UMBRELLA/UNIT NUMBER: 02-296
AGENCY: Board of Examiners on Speech-Language Pathology and Audiology
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER 1: General Rules
STATUTORY AUTHORITY: 32 MRSA, Section 6013(2)
PURPOSE: These rules establish the eligibility requirements and procedures for licensure, continuing professional education requirements for license renewal, registration and use of Speech-Language Pathology Aides and Assistants, scope of practice of Speech-Language Pathologists and Audiologists and method of handling complaints and Code of Ethics of the Board of Examiners on Speech-Language Pathology and Audiology. Amendments may be introduced to facilitate reciprocity and to standardize licensure requirements between Maine and other jurisdictions.
ANTICIPATED SCHEDULE: Summer 2000.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Continuing Professional Education Requirements for Renewal of Licensure in Speech-Language Pathology and Audiology
STATUTORY AUTHORITY: 32 MRSA, Section 6013(2)
PURPOSE: This Chapter establishes detailed requirements for continuing professional education, approval and relicensing procedures and definition of approved Continuing Professional Education (CPE) activities.
ANTICIPATED SCHEDULE: Summer 2000.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: The Registration and Use of Speech-Language Pathology Aides and Speech Language Pathology Assistants by Board Licensed Speech-Language Pathologists
STATUTORY AUTHORITY: 32 MRSA, Section 6013(2)
PURPOSE: This Chapter outlines the guidelines for registration and utilization of Speech-Language Pathology Aides and Speech-Language Pathology Assistants.
ANTICIPATED SCHEDULE: Summer 2000.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 4: Scope of Practice
STATUTORY AUTHORITY: 32 MRSA, Section 6013(2)
PURPOSE: This Chapter outlines the scope of practice of Speech-Language Pathologists and Audiologists.
ANTICIPATED SCHEDULE: Summer 2000.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.


UMBRELLA/UNIT NUMBER: 02-297
AGENCY: Board of Chiropractic Examiners
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: Rules for Chiropractors.
STATUTORY AUTHORITY: 32 MRSA Sections 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this chapter and create a new chapter which specifically address licensure for chiropractors as well as certification procedures for chiropractors practicing chiropractic acupuncture, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Fall, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 2: Rules for Chiropractors.
STATUTORY AUTHORITY: 32 MRSA Sections 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this chapter and create a new chapter which specifically address licensure for chiropractors as well as certification procedures for chiropractors practicing chiropractic acupuncture, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Fall, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 2: Rules for Chiropractors
STATUTORY AUTHORITY: 32 MRSA Sections 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this chapter and create a new chapter which specifically address licensure for chiropractors as well as certification procedures for chiropractors practicing chiropractic acupuncture, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Fall, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 3: Rules for Chiropractors.
STATUTORY AUTHORITY: 32 MRSA Sections 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this chapter and create a new chapter which specifically address licensure for chiropractors as well as certification procedures for chiropractors practicing chiropractic acupuncture, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Fall, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 4: Rules for Chiropractic Assistants.
STATUTORY AUTHORITY: 32 MRSA Sections 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this chapter and create a new chapter which specifically address licensure, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Fall, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 5: Code of Ethics.
STATUTORY AUTHORITY: 32 MRSA Sections 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this chapter and create a new chapter which specifically address licensure, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Fall, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-298
AGENCY: Board of Real Estate Appraisers
35 State House Station, Augusta, ME 04333

EMERGENCY RULE ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 200: Prerequisites to Licensure
STATUTORY AUTHORITY: 32 MRSA Section 14012
PURPOSE: This Chapter sets the guidelines for licensure. The Board may need to amend this Chapter to conform with changes made by the Appraisal Qualifications Board. The Board does not plan to use consensus-based rule development in proposing any needed changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: License applicants and licensees.

CHAPTER 210: Continuing Education
STATUTORY AUTHORITY: 32 MRSA Section 14012
PURPOSE: The Chapter establishes the continuing education requirements. The Board may need to amend this Chapter to conform with changes made by the Appraisal Qualifications Board. The Board does not plan to use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees.

CHAPTER 220: Educational Course Requirements
STATUTORY AUTHORITY: 32 MRSA Section 14012
PURPOSE: The Chapter establishes the guidelines for approval of qualifying and continuing education courses. The Board may need to amend this Chapter to conform with changes made by the Appraisal Qualifications Board. The Board does not plan to use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Course providers and licensees.

CHAPTER 230: Supervising Appraiser Duties
STATUTORY AUTHORITY: 32 MRSA Section 14012
PURPOSE: The Chapter establishes the duties for supervisors. The Board may need to amend this Chapter to address issues that arise from review of records and reports submitted by trainees. The Board does not plan to use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Supervising appraisers and trainees.

CHAPTER 240: Standards of Professional Practice
STATUTORY AUTHORITY: 32 MRSA Section 14012
PURPOSE: The Chapter references the edition of the standards of practice. The Board may need to amend this Chapter to reference the most recent edition and effective date of the Uniform Standards of Professional Appraisal Practice (USPAP). USPAP has historically been amended on an annual basis. The Board does not plan to use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees.



UMBRELLA/UNIT NUMBER: 02-313
AGENCY: Board of Dental Examiners
(Affiliated w/Dept. of Professional & Financial Regulation)
CONTACT PERSON: Anita C. Merrow, Executive Secretary, 143 State House Station, Augusta, ME 04333-0143. Tel. (207) 287-3333. Fax (207) 287-8140

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1999/2000 RULE-MAKING ACTIVITY:

CHAPTER 1: Rules Relating to Dental Hygienists
STATUTORY AUTHORITY: 32 MRSA Section 1073
PURPOSE: To amend the rule to include bacterial sampling in the list of duties performed under the general supervision of a dentist.
ANTICIPATED SCHEDULE: Winter or Spring of 2000.
AFFECTED PARTIES: Dentists, hygienists and the citizens of the State of Maine.

CHAPTER 2: Rules Relating to Dental Assistants
STATUTORY AUTHORITY: 32 MRSA Section 1073
PURPOSE: To amend the rule to include bacterial sampling in the list of duties performed by certified dental assistants under the direct supervision of a dentist.
ANTICIPATED SCHEDULE: Winter or Spring of 2000.
AFFECTED PARTIES: Dentists, certified dental assistants and the citizens of the State of Maine.

CHAPTER 4: Educational Requirements for establishing a denture technology program in the State of Maine
STATUTORY AUTHORITY: 32 MRSA Section 1073
PURPOSE: To repeal the rule, as it has been superseded by Chapter 3, amended and adopted on April 16, 1999.
ANTICIPATED SCHEDULE: Winter or Spring of 2000.
AFFECTED PARTIES: Denturists and citizens of the State of Maine.

CHAPTER 7: False and Misleading Advertising
STATUTORY AUTHORITY: 32 MRSA Section 1073
PURPOSE: To amend the rule to include any and all advertisements of dental professionals, not just those of professional dental corporations.
ANTICIPATED SCHEDULE: Winter or Spring of 2000.
AFFECTED PARTIES: Dental professionals and the citizens of the State of Maine.

CHAPTER 12: Continuing Dental Education
STATUTORY AUTHORITY: 32 MRSA Section 1073
PURPOSE: To amend the rule in order to more clearly define category I credits.
ANTICIPATED SCHEDULE: Winter or Spring of 2000.
AFFECTED PARTIES: Maine licensed dentists, dental hygienists, and denturists.


UMBRELLA/UNIT NUMBER: 02-318
AGENCY: Electricians' Examining Board
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 100: GENERAL PROVISIONS
CHAPTER 110: CONFLICT OF INTEREST
CHAPTER 120: ELECTRICAL INSTALLATION STANDARDS
CHAPTER 130: LICENSING APPLICATION PROCEDURE
CHAPTER 140: EXAMINATIONS
CHAPTER 150: BOARD FEES
CHAPTER 160: LICENSES
CHAPTER 170: LICENSE RENEWALS
CHAPTER 180: COMPLAINT HANDLING
CHAPTER 190: ADJUDICATORY HEARINGS

STATUTORY AUTHORITY: 32 MRSA Section 1153
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying the requirements for examination and licensure of electricians. The Board intends to amend its rules to increase electrical permit fees and to set out the educational and licensing requirements for limited crane technicians.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licenses and the general public.

CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


AGENCY UMBRELLA-UNIT NUMBER: 02-322
AGENCY NAME: State Board of Registration for Professional Engineers (Affiliated)
CONTACT PERSON: Wayne A. Hamilton, P.E. Chairman; Herbert R. Doten, P.E., Secretary; or Beatrice Gagnon, Office Manager at 92 State House Station, Augusta, ME 04330-0092. Tel: 207 287 3236.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 1: RULES AND REGULATIONS OF STATE BOARD OF PROFESSIONAL ENGINEERS ■ BY LAWS
STATUTORY AUTHORITY: 32 MRSA Section 1306
PURPOSE: This chapter describes how the Board is organized and operates. This chapter will be amended to revise operational procedures, definitions of duties, and conduct of Board meetings.
ANTICIPATED SCHEDULE: Fall of 1999 to the spring of 2000.
AFFECTED PARTIES: The officers, members and employee of the Board.

CHAPTER 2: REGISTRATION OF PROFESSIONAL ENGINEERS
STATUTORY AUTHORITY: 32 MRSA Section 1306
PURPOSE: This chapter contains provisions relating to registration requirements and exemptions for Engineers and Engineer-Interns, fees and examinations. The will be amended to reflect the changes in law.
ANTICIPATED SCHEDULE: Fall of 1999 to spring of 2000.
AFFECTED PARTIES: Registered Professional Engineers, Engineer-Interns and applicants for registration.


UMBRELLA/UNIT NUMBER: 02-331
AGENCY: Board of Funeral Service
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA, Sections 1451; 1501
PURPOSE: This Chapter defines terms related to the practice of funeral service. New definitions are being added.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR Funeral Act Review Group.

CHAPTER 2: Meetings of the Board
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: This Chapter outlines the requirements of regular and special meetings, the election of officers, and the manner in which meetings are conducted. This Chapter also outlines the duties of the inspector.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Educational Requirements
STATUTORY AUTHORITY: 32 MRSA, Sections 1451, 1502
PURPOSE: This Chapter sets forth the educational requirements for a person seeking licensure as a practitioner of funeral service in the State of Maine.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 4: Examination
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: This Chapter outlines the type of examinations administered and other specific information pertaining to the examination.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 5: Practitioner Trainee
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: This Chapter outlines the requirements and the conditions of licensure as a practitioner trainee.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 6: Reciprocal Agreements
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: This Chapter outlines the reciprocal agreement procedures and requirements for licensure .
ANTICIPATED SCHEDULE: Winter 1999.AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 7: Funeral Establishments
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: Rule amendments will be introduced to clarify the requirements for licensing funeral establishments pursuant to 32 MRSA, Chapter 21, and those related to the sale, transfers, or change of name pertaining to funeral homes or businesses.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR Funeral Act Review Group.

CHAPTER 8: Safety and Health Standards
STATUTORY AUTHORITY: Title 32 MRSA, Chapter 21
PURPOSE: Rule amendments will be introduced to articulate with greater specificity the practices to be observed in protecting the safety and health of the general public, by setting forth the equipment and health related requirements applicable to licensed funeral establishments.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 9: Complaints
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: This Chapter describes the procedure by which complaints and inspections will be handled by the Board.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 10: Fees
STATUTORY AUTHORITY: 32 MRSA, Sections 1451 and 1504
PURPOSE: This Chapter lists the fees to be charged for all licenses issued under Section 1504(1); these may change pursuant to future legislation.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 11: General Rules
STATUTORY AUTHORITY: 32 MRSA, Sections 1451 and 1407
PURPOSE: Rule amendments will be introduced to: 1.) outline obligations applicable to practitioners relating to the sale and servicing of Mortuary Trust Accounts pursuant to 1999 PL, Chapter 258 and 2.) specify the disclosures regarding ownership and rental caskets made mandatory by 1999 PL, Chapter 282.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR Funeral Act Review Group.

CHAPTER 12: Continuing Education Requirement
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: This Chapter outlines the educational requirements which must be met in order for practitioner of funeral service to renew their licenses.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 13: Inactive Status
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: This Chapter outlines the requirements and the conditions for inactive license status for a practitioner, director or embalmer who is licensed in funeral service.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 14: Transportation of Human Remains
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: This Chapter outlines rules regarding transportation of human remains by licensees of funeral service.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 15: Disinterment
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: This Chapter outlines rules regarding disinterment of human remains by persons licensed in funeral service.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR Funeral Act Review Group.

CHAPTER 16: Storage
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: This Chapter outlines rules regarding storage of human remains by persons licensed in funeral service.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 17: Code of Ethics
STATUTORY AUTHORITY: 32 MRSA, Section 1451
PURPOSE: This Chapter sets forth rules regarding code of ethics which must be observed by persons licensed in funeral service.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR Funeral Act Review Group.


UMBRELLA/UNIT NUMBER: 02-333
AGENCY: Board of Licensure for Professional Foresters
35 State House Station, Augusta, ME 04333

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

CHAPTER 1: General Provisions
STATUTORY AUTHORITY: 32 MRSA Section 5009(2)
PURPOSE: The Chapter sets the general Board procedures. Amendments may be made as necessary to clarify the Board■s administrative structure and to move the fee information to a separate chapter. The Board does not plan to use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 2: Rule Making Procedures
STATUTORY AUTHORITY: 32 MRSA Section 5009(2)
Purpose: The Chapter requires the Board to comply with the MAPA. This chapter may be repealed. It is unnecessary. The Board does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 3: Hearings
STATUTORY AUTHORITY: 32 MRSA Section 5009(2)
PURPOSE: The Chapter requires the Board to conduct its hearings in compliance with Title 5. This chapter may be repealed. It is unnecessary. The Board does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 4: Advisory Rulings
STATUTORY AUTHORITY: 32 MRSA Section 5009(2)
PURPOSE: The Chapter establishes the procedure to request an advisory ruling. Amendments may be necessary to ensure that the procedural standards for filing a request and the Board■s response to the request are consistent with the general administrative policy regarding such requests. The Board does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees

CHAPTER 5: General Requirements for Licensure
STATUTORY AUTHORITY: 32 MRSA Section 5009(2)
PURPOSE: The Chapter establishes the qualifications for licensure. The board may amend the internship license qualification section to clarify the procedure and to ensure that the rule is consistent with the statute. Amendments to the continuing education requirements may be necessary to clarify the types of courses meeting approval and/or the procedure to obtain the required education.
The Board does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees

CHAPTER 6: Ethics and Standards of Professional Conduct
STATUTORY AUTHORITY: 32 MRSA Section 5009(2)
PURPOSE: The Chapter establishes the code of ethics that is the standard of practice for licensees. The Board may need to amend the standards of conduct rule to address issues that may arise after hearing. The Board does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public


UMBRELLA/UNIT NUMBER: 02-343
AGENCY: Board of Respiratory Care Practitioners
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

All rules will be reviewed and revised to ensure consistency with laws, language, and gender, including the fees schedule. Some chapters may be repealed and new chapters created for the purpose of streamlining the subject matter per chapter.

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA Section 9704
PURPOSE: This rule clarifies wording and terminology used throughout the board■s rules. The board will consider expanding and defining terminology consistently used throughout and will also incorporate legislation that was passed identifying the appropriate initials used in conjunction with types of licenses issued by the board.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 2: Licensure
STATUTORY AUTHORITY: 32 MRSA Section 9704
PURPOSE: These rules define and describe eligibility requirements for the various levels of licensure. The application procedures will be reviewed and amended to facilitate the licensing process and insure compliance with current laws as well as review clarity of language and incorporate correct gender balance. The rules will be expanded to incorporate services provided by licensees to home health care recipients.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 3: Standards of Practice
STATUTORY AUTHORITY: 32 MRSA Section 9704
PURPOSE: These rules define the code of ethics in the practice of respiratory care.
The board will review and update the code of ethics to reflect the standards a care provided today. These rules have not been updated for seven years.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 4: Continuing Respiratory Care Education Requirements for Renewal of Licensure
PURPOSE: These rules establish the required continuing professional education that licensees must complete to be considered for relicensure. These rules will be updated and streamlined to conform with licensing procedures.
STATUTORY AUTHORITY: 32 MRSA Section 9704
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 5: Enforcement and Disciplinary Procedures
STATUTORY AUTHORITY: 32 MRSA Section 9704
PURPOSE: These rules establish disciplinary and enforcement procedures. These rules will be updated and amended to conform with current agency procedures and insure that they are in compliance with current laws.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-344
AGENCY: Board of Licensing of Dietetic Practice
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 1: . General Information
STATUTORY AUTHORITY: 32 MRSA, Section 9904(2)
PURPOSE: This chapter establishes guidelines relating to meetings, records and advisory rulings.
ANTICIPATED SCHEDULE: Summer 2000.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Rules for Licensing of Dietetic Practice
STATUTORY AUTHORITY: 32 MRSA, Sections 9904(2), 9909 and 9911
PURPOSE: This chapter outlines the rules regarding licensure in dietetic practice, including educational requirements, examination requirements, application and licensing procedures, fees, and continuing education requirements. Fees are being increased and terms annualized, pursuant to 1999 PL, Chapter 257. Continuing education requirements are being adjusted to correspond with the new license term. The renewal date is being moved from September 30 to December 31.
ANTICIPATED SCHEDULE: Fall 1999.
AFFECTED PARTIES: Applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Complaints and Investigations
STATUTORY AUTHORITY: 32 MRSA, Section 9904(2)
PURPOSE: This Chapter describes the procedure by which complaints and investigations will be handled by the Board.
ANTICIPATED SCHEDULE: Summer 2000.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 4: Code of Ethics
STATUTORY AUTHORITY: 32 MRSA, Section 9904(2)
PURPOSE: This Chapter sets forth rules regarding codes of ethics for licensed dietitians and dietetic technicians.
ANTICIPATED SCHEDULE: Summer 2000.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.


UMBRELLA/UNIT NUMBER: 02-360
AGENCY: Board of Licensure for Professional Land Surveyors
35 State House Station, Augusta, ME 04333

EMERGENCY RULE ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA Section 13903(2)
PURPOSE: The chapter defines words used in the Board■s rules. It may be necessary to amend, adopt, or repeal words in this Chapter as changes are made to the other rule chapters. The Board does not plan to employ
consensus-based rule development in proposing any needed changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 2: Board Practice
STATUTORY AUTHORITY: 32 MRSA 13903 (2)
PURPOSE: The Chapter sets the Board■s practices, including licensing procedures, hearings, advisory rulings and general board operation. The Board will be reviewing the rules to ensure that the rules are current and necessary. The Board may recommend amendments to Chapter 2 consistent with that review. The Board does not plan to use consensus-based rule development in proposing changes to this Chapter.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees, license applicants and hearing participants.

CHAPTER 3: Requirements for Licensure
STATUTORY AUTHORITY: 32 MRSA Section 13902 (2)
PURPOSE: The Chapter sets the requirements for licensure. Amendments to the licensing requirements may be necessary to ensure that the qualifications remain current. The Board may recommend changes to the fees, set for license and application purposes, to assure that the Board remains fiscally solvent. Finally, the Board may recommend changes to the seal requirement to address the issue of an electronic seal. The Board does not plan to use consensus-based rule development in proposing changes to this Chapter.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: License applicants and licensees.

CHAPTER 4: Professional Development
STATUTORY AUTHORITY: 32 MRSA Section 13903 (2)
PURPOSE: The Chapter establishes the continuing education requirement for renewal. The Board may recommend changes to the continuing education requirements in response to issues arising from the next renewal cycle in December 1999. The Board does not plan to use consensus-based rule development in proposing changes to this Chapter.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees.

CHAPTER 6: Technical Standards of Practice
STATUTORY AUTHORITY: 32 MRSA Section 13903 (2)
PURPOSE: The Chapter sets the minimal acceptable technical standards for licensees. The Board has received comment from the profession that this Chapter may need to be amended to assure that the standards are current and consistent with the professional services offered. The Board does not plan to use consensus-based rule development in proposing changes to this Chapter.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and their clients.


UMBRELLA/UNIT NUMBER: 02-371
AGENCY: Nursing Home Administrators Licensing Board
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA, Section 63-B(2)
PURPOSE: These amendments will make the definitions found in the rules of the Nursing Home Administrators Licensing Board for the licensure of Administrators of certain Residential Care Facilities comport with those promulgated by the Department of Human Services, which apply to the Facilities themselves.
ANTICIPATED SCHEDULE: Fall 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Administrator-in-Training Program
STATUTORY AUTHORITY: 32 MRSA, Section 63-B(2)
PURPOSE: This chapter outlines the general requirements of the administrator-in- training program.
ANTICIPATED SCHEDULE: Fall 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Examination
STATUTORY AUTHORITY: 32 MRSA, Section 63-B(2)
PURPOSE: These amendments will make the rules of the Nursing Home Administrators Licensing Board relating to the examination process for the licensure of Administrators of certain Residential Care Facilities comport with those promulgated by the Department of Human Services, which apply to the Facilities themselves.
ANTICIPATED SCHEDULE: Fall 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 4: Continuing Education
STATUTORY AUTHORITY: 32 MRSA, Section 63-B(2)
PURPOSE: These amendments will make the continuing education requirements of the Nursing Home Administrators Licensing Board for the licensure of Administrators of certain Residential Care Facilities comport with those promulgated by the Department of Human Services, which apply to the Facilities themselves.
ANTICIPATED SCHEDULE: Fall 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 5: Licensing
STATUTORY AUTHORITY: 32 MRSA, Section 63-B(2)
PURPOSE: These amendments will make the licensing rules of the Nursing Home Administrators Licensing Board for the licensure of Administrators of certain Residential Care Facilities comport with those promulgated by the Department of Human Services, which apply to the Facilities themselves.
ANTICIPATED SCHEDULE: Fall 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 6: Endorsement
STATUTORY AUTHORITY: 32 MRSA, Section 63-B(2)
PURPOSE: This chapter outlines the process for endorsement for out of state licenses.
ANTICIPATED SCHEDULE: Fall 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 7: Temporary Licenses
STATUTORY AUTHORITY: 32 MRSA, Section 63-B(2)
PURPOSE: This Chapter outlines the requirements for temporary licensure.
ANTICIPATED SCHEDULE: Fall 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 8: Disciplinary Action Against Licensees
STATUTORY AUTHORITY: 32 MRSA, Section 63-B(2)
PURPOSE: This Chapter outlines the process to appeal the decision of the Board to deny, suspend or revoke a license.
ANTICIPATED SCHEDULE: Fall 1999
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 9: Advisory Rulings
STATUTORY AUTHORITY: 32 MRSA, Section 63-B(2)
PURPOSE: This Chapter defines the process for obtaining advisory rulings with regard to interpretation of these rules.
ANTICIPATED SCHEDULE: Fall 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 10: Fees
STATUTORY AUTHORITY: 32 MRSA, Section 63-B(2)
PURPOSE: This Chapter defines all fees related to Board functions; these may change pursuant to future legislation.
ANTICIPATED SCHEDULE: Fall 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.


UMBRELLA/UNIT NUMBER: 02-373
AGENCY: Board of Licensure in Medicine
CONTACT PERSON: Randal C. Manning, Executive Director, 137 State House Station, Augusta, ME 04333-0137

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: Rule governing the requirements established by the Board for the licensing and registration of medical doctors, including the requirements for continuing medical education for re-registration.
It also contains rules pertaining to denial of licensure, the conduct of hearings, and the supervision/delegation of medical services and prescribing privileges to physician extenders.
STATUTORY AUTHORITY: 32 MRSA Sections 3269 (7)(10) and 3280
PURPOSE: Chapter 1 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Prior to Dec 2000
AFFECTED PARTIES: Any person applying for medical license or renewing the license.

CHAPTER 2: Rule governing physician assistants and establishes a Physician Assistant Advisory Committee.
STATUTORY AUTHORITY: 32 MRSA Sections 3269 (7) and 3270-A, B and C
PURPOSE: Chapter 2 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Prior to Dec 2000
AFFECTED PARTIES: Any person applying for a physician assistant license or renewing the license and physician supervisors.

CHAPTER 3: Rule sets forth rules governing physicians' supervision and delegation of medical activities to physician extenders.
STATUTORY AUTHORITY: 32 MRSA Sections 3269 (7) and 3270-A, B and C
PURPOSE: Chapter 3 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Prior to Dec, 2000
AFFECTED PARTIES: Physicians and physician extenders.

CHAPTER 4: Licensure Statute Clarifications
STATUTORY AUTHORITY: 32 MRSA Section 3269 (7)
PURPOSE: Chapter 4 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Prior to Dec 2000
AFFECTED PARTIES: Any person applying for medical licensure or renewal of license.

CHAPTER 10: Rule defines sexual misconduct by physicians and physician assistants and sets for the range of sanctions applicable to violations of this rule.
STATUTORY AUTHORITY: 32 MRSA . Sections 3269 (7), 3270-A, B, C, 2562 and 2594-C.
PURPOSE: Chapter 10 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Prior to Dec 2000
AFFECTED PARTIES: Physicians, physician assistants, and patients who use their services.

CHAPTER 11: Defines the use of controlled substances for treatment of pain.
STATUTORY AUTHORITY: Title 32 M.R.S.A Sections 2562 and 3269(3) and (7).
PURPOSE: Chapter 11 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Prior to Dec 2000
AFFECTED PARTIES: Physicians, physician assistants and patients who use their services.

CHAPTER 20: Medical Liability Demonstration Project Anesthesiology Specialty Practice Parameters and Risk Management Protocols.
STATUTORY AUTHORITY: 24 MRSA. Section 2972 (Supp. 1990)
PURPOSE: Chapter 20 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Prior to Dec 2000
AFFECTED PARTIES: Any physician practicing Anesthesiology and patients of same.

CHAPTER 22: Medical Liability Demonstration Project Emergency Specialty Practice Parameters and Risk Management Protocols.
STATUTORY AUTHORITY: 24 MRSA Section 2972 (Supp. 1990)
PURPOSE: Chapter 22 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Prior to Dec 2000
AFFECTED PARTIES: Any physician practicing Emergency Medicine Specialty and patients of same.

CHAPTER 24: Medical Liability Demonstration Project Obstetrics and Gynecology Specialty Practice Parameters and Risk Management Protocols.
STATUTORY AUTHORITY: 24 MRSA Section 2972 (Supp. 1990)
PURPOSE: Chapter 24 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Prior to Dec 2000
AFFECTED PARTIES: Any physician practicing Obstetrics and Gynecology and patients of same.

CHAPTER 26: Medical Liability Demonstration Project Radiology Specialty Practice Parameters and Risk Management Protocols.
STATUTORY AUTHORITY: 24 MRSA Section 2972 (Supp. 1990)
PURPOSE: Chapter 26 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Prior to Dec 2000
AFFECTED PARTIES: Any physician practicing Radiology and patients of same.

CHAPTER - : Rule to establish protocols for pain management.
STATUTORY AUTHORITY: 32 MRSA Sections 3269 (7), 3270-A, B, C, 2562 and 2594-C.
PURPOSE: The Board of Licensure in Medicine plans to adopt rules defining pain management and setting forth protocols for the management of pain. The rule will also set for the range of sanctions applicable to violations of this rule.
ANTICIPATED SCHEDULE: Prior to Dec 2000
AFFECTED PARTIES: Any physician practicing or physician assistant holding a Maine license and patients of same.


UMBRELLA/UNIT NUMBER: 02-380
AGENCY: Board of Nursing
CONTACT PERSON: Myra Broadway, Executive Director, 158 State House Station, Augusta, ME 04333-158

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 4: Rules Relating to Disciplinary Action and Violations of Law
STATUTORY AUTHORITY: 32 MRSA Section 2153-A(1)
PURPOSE: Chapter 4 will be amended to further define unprofessional conduct.
ANTICIPATED SCHEDULE: Prior to September, 2000
AFFECTED PARTIES: Licensed Nurses

CHAPTER 5: Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
STATUTORY AUTHORITY: 32 MRSA Section 2153-A(1)
PURPOSE: Chapter 5 will be amended to update regulations relating to training programs and delegation of selected nursing tasks.
ANTICIPATED SCHEDULE: Prior to October, 2000
AFFECTED PARTIES: Licensed Nurses Certified Nursing Assistants

CHAPTER 6: Regulations Relating to Coordination and Oversight of Patient Care Services by Unlicensed Health Care Assistive Personnel
STATUTORY AUTHORITY: 32 MRSA Section 2153-A(1)
PURPOSE: Chapter 6 will be amended to clarify coordination and oversight.
ANTICIPATED SCHEDULE: Prior to September, 2000
AFFECTED PARTIES: Licensed Nurses Unlicensed Assistive Personnel

CHAPTER 7: Standards for Educational Programs in Nursing
STATUTORY AUTHORITY: 32 MRSA Section 2153-A(1)
PURPOSE: Chapter 7 will be amended to clarify definition of nursing faculty
ANTICIPATED SCHEDULE: Prior to August, 2000
AFFECTED PARTIES: Licensed Nurses

CHAPTER 8: Rules Relating to Advanced Practice Registered Nursing
STATUTORY AUTHORITY: 32 MRSA Sections 2102(2-A)(B) and (C) and 2153-A(1)
PURPOSE: Chapter 8 will be amended to revise the requirements for approval and continuing approval for nurses in advanced practice and to comply with P.L. 261.
ANTICIPATED SCHEDULE: Prior to September, 1999
AFFECTED PARTIES: Advanced Practice Registered Nurses

CHAPTER 10: Regulations Relating to Administration of Intravenous Therapy by Licensed Nurses
STATUTORY AUTHORITY: 32 MRSA Section 2153-A(1)
PURPOSE: Chapter 10 will be amended to clarify standards of current practice in intravenous therapy and to clarify requirements for course approval.
ANTICIPATED SCHEDULED: Prior to July, 1999
AFFECTED PARTIES: Licensed Nurses


UMBRELLA/UNIT NUMBER: 02-381
AGENCY: Board of Oil and Solid Fuel Burner Technicians
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: DEFINITIONS
CHAPTER 2: GENERAL INFORMATION
CHAPTER 3: LICENSURE REQUIREMENTS
CHAPTER 4: EXAMINATION REQUIREMENTS
CHAPTER 5: USE OF OTHER LICENSE AUTHORITIES
CHAPTER 6: FEES
CHAPTER 7: ADOPTION OF STANDARDS AND RULES
CHAPTER 8: MODIFICATION OF STANDARDS
CHAPTER 9: INSTALLATION OF OIL BURNING EQUIPMENT
CHAPTER 10: INSTALLATION OF SOLID FUEL BURNING EQUIPMENT
CHAPTER 11: CHIMNEYS
CHAPTER 12: INSTALLATION OF OIL FIRED EQUIPMENT IN REPAIR, PARKING AND RESIDENTIAL GARAGES
CHAPTER 13: INSTALLATION OF WASTE OIL APPLIANCES AND WASTE OIL SUPPLY TANKS
CHAPTER 14: COMPLAINTS, INVESTIGATIONS AND ADJUDICATORY HEARINGS

STATUTORY AUTHORITY: 32 MRSA Section 2353
PURPOSE: The Board intends to review and revise its rules to ensure relevance with current laws and standards. The board may review and revise all rules with the intention of clarifying and updating installation standards of oil fired equipment and solid fuel equipment in the State of Maine, including expanding the list of definitions, review and revise initial and relicensing requirements and processes for various licensing categories as may be needed.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licenses and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-382
AGENCY: Board of Optometry
CONTACT PERSON: Agnes Pavone, Executive Secretary, 113 State House Station, Augusta, ME 04330. Telephone: (207) 287-2535

The Maine Board of Optometry does not anticipate making any rule changes at this time.


UMBRELLA/UNIT NUMBER: 02-383
AGENCY: Board of Osteopathic Licensure
CONTACT PERSON: Susan E. Strout, Executive Secretary, 142 State House Station, Augusta, ME 04333-0142 Telephone: 207/287-2480 ■ Fax 207/287-3015

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1999/2000 RULE-MAKING ACTIVITY:

CHAPTER 12 (?): Treatment of/Prescribing for Self/Family Members
STATUTORY AUTHORITY: 32 MRSA Sections 2562 & 2581
PURPOSE: To establish policy and guidelines which identify under what circumstances it is appropriate for a physician or physician assistant to treat and prescribe for self and family members. ANTICIPATED SCHEDULE: Spring/Summer 2000
AFFECTED PARTIES: Citizens and licensees of the State of Maine.

CHAPTER 16 (?): Gifting & Other Boundary Issues (i.e. Loans, Bartering, Business Transactions
STATUTORY AUTHORITY: 32 MRSA Sections 2562 & 2581
PURPOSE: To establish policy and guidelines for physician acceptance of gifts as well as loans and bartering, etc.
ANTICIPATED SCHEDULE: Spring/Summer 2000
AFFECTED PARTIES: Citizens and licensees of the State of Maine.

CHAPTER 18 (?): Alternate Dispute Resolution
STATUTORY AUTHORITY: 32 MRSA Sections 2562 & 2581
PURPOSE: To establish policy for the resolution of certain types of complaints coming before the Board.
ANTICIPATED SCHEDULE: Spring/Summer 2000
AFFECTED PARTIES: Citizens and licensees of the State of Maine.

CHAPTER 2: PA Rule (Amendments to current rule)
STATUTORY AUTHORITY: 32 MRSA Sections 2562 & 2581
PURPOSE: To clarify rules for licensure and supervision of physician assistants.
ANTICIPATED SCHEDULE: Winter 1999/Spring 2000
AFFECTED PARTIES: Citizens and licensees of the State of Maine.

CHAPTER 3: Physician Extender Rule (Amendments for Purpose of Clarification)
STATUTORY AUTHORITY: 32 MRSA Sections 2562 & 2581
PURPOSE: To clarify existing rule regarding supervision of physician extenders.
ANTICIPATED SCHEDULE: Spring/Summer 2000
AFFECTED PARTIES: Citizens and licensees of the State of Maine.


UMBRELLA/UNIT NUMBER: 02-384
AGENCY: Board of Alcohol and Drug Counselors
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: Eligibility, Testing, Educational, Work experience, Application, Reciprocity, and Fee Requirements.
STATUTORY AUTHORITY: 32 MRSA Sections 6212, 6215, 6219
PURPOSE: The board may repeal current chapters and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline, standards of practice, and a new chapter establishing a code of ethics. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly

CHAPTER 2: Continuing Professional Education.
STATUTORY AUTHORITY: 32 MRSA Section Section 6212, 6215 and 6219
PURPOSE: The board may repeal current chapters and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline, standards of practice, and a new chapter establishing a code of ethics. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly

CHAPTER 3: Appeals and Disciplinary Procedures.
STATUTORY AUTHORITY: 32 MRSA Sections 6212, 6215, 6219
PURPOSE: The board may repeal current chapters and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline, standards of practice, and a new chapter establishing a code of ethics. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly

CHAPTER 4: Complaint Handling.
STATUTORY AUTHORITY: 32 MRSA Sections 6212, 6215, 6219
PURPOSE: The board may repeal current chapters and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline, standards of practice, and a new chapter establishing a code of ethics. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly

CHAPTER 5: Advisory Rulings.
STATUTORY AUTHORITY: 32 MRSA Sections 6212, 6215, 6219
PURPOSE: The board may repeal current chapters and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline, standards of practice, and a new chapter establishing a code of ethics. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly

CHAPTER 6: Code of Ethics.
STATUTORY AUTHORITY: 32 MRSA Sections 6212, 6215, 6219
PURPOSE: The board may repeal current chapters and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline, standards of practice, and a new chapter establishing a code of ethics. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly


UMBRELLA/UNIT NUMBER: 02-385
AGENCY: Manufactured Housing Board
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 110: Adoption of Codes and Standard
STATUTORY AUTHORITY: 10 MRSA Sections 9005 and 9042
PURPOSE: These rules will be amended to reflect the most recent edition of NFPA 31 Installation of Oil Burning Equipment.
ANTICIPATED SCHEDULE: fall 1999.
AFFECTED PARTIES: The general public and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 310: Licensing Authority
STATUTORY AUTHORITY: 10 MRSA Sections 9005; 9021 and 9022
PURPOSE: These rules will be amended to include installers which will take effect on September 18, 1999 according to 1999 Public Law Chapter 386(L.D. 2041). ANTICIPATED SCHEDULE: fall 1999.
AFFECTED PARTIES: The general public and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 320: Licensing - Definitions
STATUTORY AUTHORITY: 10 MRSA Sections 9005; 9021 and 9022
PURPOSE: These rules will be modified to include certain professional terms that will be used through out the rules. They include the definitions for "installers", "branch locations" and "office."
ANTICIPATED SCHEDULE: fall 1999.
AFFECTED PARTIES: The general public and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 330: Licensing - Administration
STATUTORY AUTHORITY: 10 MRSA Sections 9005; 9021 and 9022
PURPOSE: These rules set policy and guidelines for the applicant in submitting applications for consideration by the Board. They will be amended to provide better customer service and to set a policy for processing completed applications.
ANTICIPATED SCHEDULE: fall 1999.
AFFECTED PARTIES: The general public and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 340: Licensing - Licenses
STATUTORY AUTHORITY: 10 MRSA Sections 9005; 9021 and 9022
PURPOSE: Pursuant to revisions to 5 MRSA Sections 5301-5304, this amendment will include licensing requirements for "installers", and to establish a training program for all licensees. This amendment will require licensees to provide evidence of general liability insurance and workers' compensation insurance where applicable, reduces the license fees for manufacture's, mechanics and dealers, and requires that a dealer have a model home set up for pubic display.
ANTICIPATED SCHEDULE: fall 1999.
AFFECTED PARTIES: The general public and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 350: Licensing - Prohibited Practices
STATUTORY AUTHORITY: 10 MRSA Sections 9005; 9021 and 9022
PURPOSE: These rules will be amended to include the license category "installers" to make unlicensed practice prohibited.
ANTICIPATED SCHEDULE: fall 1999.
AFFECTED PARTIES: The general public and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 360: Licensing - Inspections
STATUTORY AUTHORITY: 10 MRSA Sections 9005; 9021 and 9022
PURPOSE: These rules will be amended to gives the authority to the Board inspectors to issue order of corrections pursuant to 10 MRSA Section 9005(1).
ANTICIPATED SCHEDULE: fall 1999.
AFFECTED PARTIES: The general public and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 370: Licensing - Complaints and Investigations
STATUTORY AUTHORITY: 10 MRSA Sections 9005; 9021 and 9022
PURPOSE: This rule will be modified to comply with the current HUD procedure for filing of consumer complaints.
ANTICIPATED SCHEDULE: fall 1999.
AFFECTED PARTIES: The general public and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 380: Licensing - Adoption of Codes and Standards
STATUTORY AUTHORITY: 10 MRSA Section 9005; Sections 9021 and 9022
PURPOSE: This rule will be amended to adopt current codes and standards to which licensees will be held.
ANTICIPATED SCHEDULE: fall 1999.
AFFECTED PARTIES: The general public and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 381: Licensing - Notice of Installation
STATUTORY AUTHORITY: 10 MRSA Section 9005 (Section 9006-A repealed)& Section 9006-C
PURPOSE: This amendment will repeal entire chapter and replace it with the new process of requiring the installer to affix an installation warranty seal in all homes installed. The cost of the seal is $25.
ANTICIPATED SCHEDULE: fall 1999.
AFFECTED PARTIES: The general public and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-386
AGENCY: Board of Elevator and Tramway Safety
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: DEFINITIONS
CHAPTER 2: RULES FOR ALL ELEVATORS, MANLIFTS AND ESCALATORS
CHAPTER 3: RULES FOR NEW ELEVATOR INSTALLATIONS
CHAPTER 4: RULES FOR EXISTING ELEVATOR INSTALLATIONS
CHAPTER 5: RULES FOR ESCALATOR & MOVING WALKS INSTALLATIONS
CHAPTER 6: RULES FOR MANLIFT INSTALLATIONS
CHAPTER 7: TRAMWAY RULES
CHAPTER 8: ELEVATOR INSPECTORS
CHAPTER 9: TRAMWAY INSPECTORS
CHAPTER 10: WIRE ROPE INSPECTORS
CHAPTER 11: ELEVATOR MECHANICS
CHAPTER 12: FEES
CHAPTER 13: GENERAL INFORMATION
CHAPTER 14: COMPLAINTS, INVESTIGATIONS AND ADJUDICATORY HEARINGS

STATUTORY AUTHORITY: 32 MRSA Section 15206
PURPOSE: The Board may review and amend the chapters listed above as may be necessary to ensure relevance with current laws and standards. The Board may review and revise all rules with the intention of clarifying and updating installation, maintenance, operation, use and inspection requirements for elevators and tramways in the State of Maine, including expanding the list of definitions, review and revise initial and relicensing requirements and processes for various licensing categories as may be needed. The Board may set out standards for annual inspections of dumbwaiters and set out licensing requirements for lift inspectors and lift mechanics and wire rope inspectors. The Board now has the authority to charge an application fee and may opt to do so.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licenses and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-392
AGENCY: Board of Commissioners of the Profession of Pharmacy
CONTACT PERSON:Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: Computer Regulations
CHAPTER 2: Nuclear Drug Outlet Regulations
CHAPTER 3: Sterile Pharmaceuticals
CHAPTER 4: Complaint Handling and Enforcement
CHAPTER 5: Adjudicatory Hearings
CHAPTER 6: Advisory Rulings
CHAPTER 7: Continuing Education
CHAPTER 8: Security
CHAPTER 9: Out of State Mail Order Drug Companies
CHAPTER 10: General Rules
CHAPTER 11: Generic Substitution
CHAPTER 12: Adoption of Federal Regulations
CHAPTER 13: Previous Pharmacy Regulations
CHAPTER 14: Application for the Registration of a Drug Outlet
CHAPTER 15: Registration of Wholesale Drug Distributors
CHAPTER 16: Patient Counseling Requirements

STATUTORY AUTHORITY: 32 MRSA Sections 13720, 13722(A)(E), 13723, 13751(3),(3-A)(F), 13752(1)(4), 13762, and 13764
PURPOSE: The board may review and amend the chapters listed above as may be necessary to insure relevance with current laws and standards. The board may review and revise all rules with the intention of clarifying and updating requirements, including expanding the list of definitions, review and revise initial and relicensing requirements and processes for various licensing categories as may be needed, attending to any discrepancies that may not be in compliance with the board■s laws and other national standards, and correctness of language and references.
Several laws were enacted that affect this board. In addition to the chapters specified above, new chapters may be developed to:
1. Set requirements and standards that apply specifically to mail order contact lens suppliers, and
2. Set standards for the use, maintenance and supervision of automated pharmacy systems.
ANTICIPATED SCHEDULE: In part to begin in August, 1999 and ongoing.
AFFECTED PARTIES: Licensees, including pharmacies, and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Probable


UMBRELLA/UNIT NUMBER: 02-393
AGENCY: Board of Examiners in Physical Therapy
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 3: Licensure Requirements for Physical Therapists and Physical Therapist Assistants
STATUTORY AUTHORITY: 32 MRSA Section 3112(5)(A,B, & C), 2114-A and 3116
PURPOSE: This chapter may be reviewed to insure its conformity with recent statutory changes in 1999, Public 386.
ANTICIPATED SCHEDULE: July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-395
AGENCY: Plumbers' Examining Board
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: COMPLAINTS, INVESTIGATIONS AND ADJUDICATORY HEARINGS
CHAPTER 3: LICENSING REQUIREMENTS
CHAPTER 4: INSTALLATION STANDARDS
CHAPTER 5: EXAMINATIONS
CHAPTER 6: RECIPROCITY
CHAPTER 7: FEES
CHAPTER 8: CONFLICT OF INTEREST

STATUTORY AUTHORITY: 32 MRSA Section 3403
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying the requirements for examination and licensure of plumbers. The Board intends to adopt through rulemaking a national internal plumbing code.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licenses and the general public.

CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-396
AGENCY: Board of Licensure of Podiatric Medicine
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER 1: Licensing of Podiatrists
STATUTORY AUTHORITY: 32 MRSA, Sections 3605-B(3) & 3652
PURPOSE: This Chapter outlines the application procedure and qualifications for licensure.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Applicants, existing licensees, and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Fees
STATUTORY AUTHORITY: 32 MRSA, Sections 3605-B(3), 3652
PURPOSE: This Chapter establishes the fees charged for licensure and license renewal. Fees are being increased, pursuant to 1999 PL, Chapter 257.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Applicants and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Continuing Education for Podiatrists
STATUTORY AUTHORITY: 32 MRSA, Sections 3605-B(3) & 3652
PURPOSE: This Chapter establishes the academic requirements for continuation of licensure.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Applicants, existing licensees, and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.


UMBRELLA/UNIT NUMBER: 02-415
AGENCY: Board of Psychologists
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: Introduction.
STATUTORY AUTHORITY: 32 MRSA Sections 3824, 3832, 3833, and 3835
PURPOSE: The board may review these rules to insure that they are current and conform with current laws, and consistency of language. The board may repeal, consolidate and/or create new chapters for purposes of streamlining and clarity of the rules actual purpose. Rules will be evaluated and updated to also reflect current practice standard requirements for licensure, continuing professional education, examination, fees, enforcement and disciplinary procedures, and standards of practice.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 2: Definitions.
STATUTORY AUTHORITY: 32 MRSA Sections 3824, 3832, 3833, and 3835
PURPOSE: The board may review these rules to insure that they are current and conform with current laws, and consistency of language. The board may repeal, consolidate and/or create new chapters for purposes of streamlining and clarity of the rules actual purpose. Rules will be evaluated and updated to also reflect current practice standard requirements for licensure, continuing professional education, examination, fees, enforcement and disciplinary procedures, and standards of practice.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 3: Licensure.
STATUTORY AUTHORITY: 32 MRSA Section 3824
PURPOSE: This chapter outlines eligibility for licensure for psychologists and psychological examiners, application and exam procedures, types of licensure, methods for reviewing credentials, and intervention privileges for examiners. The board will review these rules to insure that they are up to date and conform to current laws and may include procedures for applicant■s applying through reciprocity.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 4: Standards of Practice.
STATUTORY AUTHORITY: 32 MRSA Sections 3824, 3832, 3833, and 3835
PURPOSE: The board may review these rules to insure that they are current and conform with current laws, and consistency of language. The board may repeal, consolidate and/or create new chapters for purposes of streamlining and clarity of the rules actual purpose. Rules will be evaluated and updated to also reflect current practice standard requirements for licensure, continuing professional education, examination, fees, enforcement and disciplinary procedures, and standards of practice.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 5: Continuing Professional Education.
STATUTORY AUTHORITY: 32 MRSA Sections 3824, 3832, 3833, and 3835
PURPOSE: The board may review these rules to insure that they are current and conform with current laws, and consistency of language. The board may repeal, consolidate and/or create new chapters for purposes of streamlining and clarity of the rules actual purpose. Rules will be evaluated and updated to also reflect current practice standard requirements for licensure, continuing professional education, examination, fees, enforcement and disciplinary procedures, and standards of practice.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 6: Fee Schedule.
STATUTORY AUTHORITY: 32 MRSA Sections 3824, 3832, 3833, and 3835
PURPOSE: The board may review these rules to insure that they are current and conform with current laws, and consistency of language. The board may repeal, consolidate and/or create new chapters for purposes of streamlining and clarity of the rules actual purpose. Rules will be evaluated and updated to also reflect current practice standard requirements for licensure, continuing professional education, examination, fees, enforcement and disciplinary procedures, and standards of practice.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 7: Enforcement, Disciplinary Procedures, and Appeals.
STATUTORY AUTHORITY: 32 MRSA Sections 3824, 3832, 3833, and 3835
PURPOSE: The board may review these rules to insure that they are current and conform with current laws, and consistency of language. The board may repeal, consolidate and/or create new chapters for purposes of streamlining and clarity of the rules actual purpose. Rules will be evaluated and updated to also reflect current practice standard requirements for licensure, continuing professional education, examination, fees, enforcement and disciplinary procedures, and standards of practice.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-416
AGENCY: Board of Social Worker Licensure
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207)624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER 1: Introduction
STATUTORY AUTHORITY: 32 MRSA, Section 7030(2)
PURPOSE: This Chapter sets forth the general intent and purpose of these rules.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Definitions
STATUTORY AUTHORITY: 32 MRSA, Sections 7001-A, 7030(2)
PURPOSE: This Chapter sets forth definitions of the terms used by the Board of Social Worker Licensure in these rules. These terms include those provided in the statute itself as well as additional definitions which add clarity to the rules.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Licensure
STATUTORY AUTHORITY: 32 MRSA, Sections 7030(1) and (2), 7051, 7053, 7054-A, 7056, 7060
PURPOSE: This Chapter sets forth eligibility criteria for the various licensure levels, the methods of application for social worker licensure, the steps of the examination application process, the criteria for the clinical setting, and the fee structure for all social worker licensure levels.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 4: Standards of Practice
STATUTORY AUTHORITY: 32 MRSA, Sections 7030(1) and (2), 7053-A & 7060
PURPOSE: This Chapter sets forth the standards of social work practice in Maine as determined by the Board of Social Worker Licensure. These standards include: a code of ethics, the functions permitted by law at each social worker licensure level, the criteria for continuing professional education required for licensure renewal, the process to be followed to meet this requirement and the role of the consultant used in licensing procedures. An updated reference to the Code of Ethics of the National Association of Social Workers will be inserted, in accordance with 1999 PL, CHAPTER 261. Provisions will be made for prior-approval of continuing education courses, and parameters for course-approval will be established.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 5: Enforcement & Disciplinary Procedures
STATUTORY AUTHORITY: 32 MRSA, Sections 7030(2), 7051 & 7059
PURPOSE: This Chapter outlines the enforcement and disciplinary procedures used by the Board of Social Worker Licensure. Included are the specific grounds for discipline as well as clarification of the terms used in this chapter.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.


UMBRELLA/UNIT NUMBER: 02-445
AGENCY: Board of Licensure of Auctioneers
35 State House Station, Augusta, ME 04333

EMERGENCY RULE ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 30: Qualifications for Licensure
STATUTORY AUTHORITY: 32 MRSA Section 289
PURPOSE: The Chapter establishes the qualifications for licensure. The Board may need to amend the chapter to increase the amount of the required bond to provide for reasonable consumer protections. The Board does not plan to employ consensus-based rule development in proposing any needed changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 50: Minimum Standards of Practice
STATUTORY AUTHORITY: 32 MRSA Section 289
PURPOSE: The Chapter establishes the standard of practice. The Board may need to make amendments to the standard of practice in response to changes in the business or in response to complaints filed with the Board. The Board does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.


UMBRELLA/UNIT NUMBER: 02-465
AGENCY: Radiologic Technology Board of Examiners
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER 1: The Medical Radiation Technology Licensing Rules
STATUTORY AUTHORITY: MRSA, Section 9853(6) (E)
PURPOSE: These rules are established by the Radiologic Technology Board of Examiners. They cover the licensing, examination, and conduct of all persons who apply ionizing radiation to human beings for diagnostic or therapeutic purposes, except those specifically exempted by statute. Licensure eligibility, examination requirements, and fees are included in these rules.
ANTICIPATED SCHEDULE: Summer 2000.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Educational Requirements for Courses of Study for Limited Licensure
STATUTORY AUTHORITY: 32 MRSA, Section 9853(6) (E)
PURPOSE: This Chapter presents the minimum requirements for an individual course of study to be approved for education and training for limited license radiography.
ANTICIPATED SCHEDULE: Summer 2000.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Competency Requirements for Renewal of Radiologic Technology License
STATUTORY AUTHORITY: 32 MRSA, Section 9853(6) (E)
PURPOSE: This Chapter sets forth continuing education requirements for license renewal in the State of Maine.
ANTICIPATED SCHEDULE: Summer 2000.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

The board may review and amend the chapters listed above as may be necessary to insure relevance with current laws and standards. The board may review and revise all rules with the intention of clarifying and updating requirements, including expanding the list of definitions, review and revise initial and relicensing requirements and processes for various licensing categories as may be needed, attending to any discrepancies that may not be in compliance with the board■s laws and other national standards, and correctness of language and references.


UMBRELLA/UNIT NUMBER: 02-477
AGENCY: Board of Occupational Therapy Practice
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207)624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER 1: Rules and Regulations
STATUTORY AUTHORITY: 32 MRSA, Section 2274(2)
PURPOSE: These changes, by either amendment or repeal and replacement, will update the parameters for practitioners■ scope of practice.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Applicants for licensure, existing licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Continuing Professional Education Requirements for Renewal of Licensure in Occupational Therapy
STATUTORY AUTHORITY: 32 MRSA, Section 2274(2)
PURPOSE: These changes, by either amendment or repeal and replacement, will update the continuing education requirements.
ANTICIPATED SCHEDULE: Winter 1999.
AFFECTED PARTIES: Applicants for licensure, existing licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.


UMBRELLA/UNIT NUMBER: 02-502
AGENCY: Board of Complementary Health Care Practitioners
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

As a result of 1999 Resolve 51, CHAPTERS 5, 6 and 9 are pending final adoption and filing with the Office of the Secretary of State.

CHAPTER 6: Standards Relating to Prescriptive Authorities and Collaborative Relationships
STATUTORY AUTHORITY: 32 MRSA Sections 12503(1)(A and B), and 12506
PURPOSE: The formulary listing may be subject to updates and/or revisions based on federal or state standards with regards to noncontrolled legend drugs which may be prescribed according to Title 32 Section 12522.
ANTICIPATED SCHEDULE: September 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected

CHAPTER 9: Fees
STATUTORY AUTHORITY: 32 MRSA Sections 12514 & 12526
PURPOSE: Establish fees at a level that insures the financial integrity of the Board.
ANTICIPATED SCHEDULE: September 1999
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


UMBRELLA/UNIT NUMBER: 02-514
AGENCY: Board of Counseling Professionals Licensure
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER 1: General
PURPOSE: This Chapter outlines the purpose of the Board and various definitions used in these rules. ■Registered Counselor■ may be redefined.
ANTICIPATED SCHEDULE: Spring or summer 2000.
STATUTORY AUTHORITY: 32 MRSA, Section 13853 (2)
AFFECTED PARTIES: Consumers, applicants for registered status.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Licensure Requirements and Examination Procedure
STATUTORY AUTHORITY: 32 MRSA, Section 13853 (2)
PURPOSE: This Chapter outlines the education requirements, examination procedure, and the supervision and supervisor requirements for each license category governed by the Board. Language may be inserted, pursuant to amended 32 MRSA, Section 13858, to clarify the clinical equivalency of ■Licensed Pastoral Counselor■ and ■Licensed Marriage & Family Therapist■ with ■Licensed Clinical Professional Counselor■.
ANTICIPATED SCHEDULE: Spring or summer 2000.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Registration Requirements
STATUTORY AUTHORITY: 32 MRSA, Section 13853 (2)
PURPOSE: This Chapter outlines the requirements for registration with the Board of Counseling Professionals Licensure. These may be amended.
ANTICIPATED SCHEDULE: Spring or summer 2000.
AFFECTED PARTIES: Applicants for registered status.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 4: Conditional License
STATUTORY AUTHORITY: 32 MRSA, Section 13853 (2)
PURPOSE: This Chapter outlines the requirements for conditional licensure with the Board of Counseling Professionals Licensure.
ANTICIPATED SCHEDULE: Spring or summer 2000.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 5: Licensure by Comity
STATUTORY AUTHORITY: 32 MRSA, Section 13853 (2)
PURPOSE: This Chapter outlines the conditions under which the examination may be waived by the Board in instances where an applicant is licensed or certified by another state or territory.
ANTICIPATED SCHEDULE: Spring or summer 2000.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 6: Application Procedure
STATUTORY AUTHORITY: 32 MRSA, Section 13853 (2)
PURPOSE: This Chapter outlines the procedure to be followed by applicants for licensure and registration.
ANTICIPATED SCHEDULE: Spring or summer 2000
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 7: Renewal of Licensure
STATUTORY AUTHORITY: 32 MRSA, Section 13853 (2)
PURPOSE: This Chapter outlines the procedure to be followed for renewal of licensure.
ANTICIPATED SCHEDULE: Spring or summer 2000.
AFFECTED PARTIES: Existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 8: Standards of Practice
STATUTORY AUTHORITY: 32 MRSA, Section 13853 (2)
PURPOSE: This Chapter outlines the standards of practice, which include: the Disclosure Statement, the Client Bill of Rights, the Code of Ethics and Continuing Education.
ANTICIPATED SCHEDULE: Spring or summer 2000.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 9: Fees
STATUTORY AUTHORITY: 32 MRSA, Section 13853 (2)
PURPOSE: This Chapter outlines the fees charged by the Board of Counseling Professionals Licensure.
ANTICIPATED SCHEDULE: Spring or summer 2000.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 10: Enforcement and Disciplinary Procedure
STATUTORY AUTHORITY: 32 MRSA, Section 13853 (2)
PURPOSE: This Chapter outlines enforcement and disciplinary procedures as follows: (1) Denial of Licensure; (2) Complaints; (3) Disciplinary Procedures; and (4) Reinstatement Following Disciplinary Action.
ANTICIPATED SCHEDULE: Spring or summer 2000.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.


UMBRELLA/UNIT NUMBER: 02-582
AGENCY: Propane and Natural Gas Board
CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: DEFINITIONS
CHAPTER 2: GENERAL INFORMATION
CHAPTER 3: LICENSURE/REGISTRATION REQUIREMENTS
CHAPTER 4: EXAMINATION REQUIREMENTS
CHAPTER 5: INSTALLATION STANDARDS
CHAPTER 6: COMPLAINTS, INVESTIGATIONS AND ADJUDICATORY HEARINGS
CHAPTER 7: FEES

STATUTORY AUTHORITY: 32 MRSA Section 14804
PURPOSE: The Board plans to review and revise the chapters listed above as may be necessary to ensure relevance with current laws and standards. The Board may review and revise all rules with the intention of clarifying and updating installation standards in the State of Maine, including expanding the list of definitions, review and revise initial and relicensing requirements and processes for various licensing categories as may be needed.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Licenses and the general public.

CONSENSUS-BASED RULE DEVELOPMENT: Not Expected


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