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State of Maine
02
Department of Professional and Financial Regulation
2000-2001 Regulatory Agenda
AGENCY UMBRELLA-UNIT
NUMBER: 02-029
AGENCY NAME: Department of Professional and Financial Regulation, Bureau
of Banking
CONTACT PERSON: Colette L. Mooney, Deputy Superintendent, 36 State House
Station, Augusta, ME 04333-0036. Tel: (207) 624-8574
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
The following is
the Bureau of Banking 2000-2001 Regulatory Agenda prepared in accordance
with Title 5 MRSA § 8060.
The Bureau does
not plan to employ consensus-based rule development in the implementation
of the following regulatory agenda.
EXPECTED 2000-2001
RULEMAKING ACTIVITY:
CHAPTER 101: Retention
of Records - Financial Institutions.
STATUTORY AUTHORITY: 9-B MRSA § 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 October, 2001.
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 § 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 October, 2001.
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 § 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 October, 2001
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 §§ 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 October, 2001.
AFFECTED PARTIES: Maine consumers of financial services and all state-chartered
financial institutions.
CHAPTER 118: Deposit
Account Disclosures.
STATUTORY AUTHORITY: 9-B MRSA § 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 October, 2001.
AFFECTED PARTIES: Maine consumers of financial services and state-chartered
financial institutions.
CHAPTER 119: Alternative
Mortgage Transactions.
STATUTORY AUTHORITY: 9-B MRSA §§ 111, 215, and 241, 9-A MRSA § 6-104
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 October, 2001.
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 §§ 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 October, 2001.
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 §§ 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: October, 2001.
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 MRSA § 215 and 24-A MRSA §§ 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 October, 2001.
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 § 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 October, 2001.
AFFECTED PARTIES: All state-chartered financial institutions.
CHAPTER 128: Loans
to One Borrower Limitations.
STATUTORY AUTHORITY: 9-B MRSA § 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 October, 2001.
AFFECTED PARTIES: All state-chartered financial institutions.
CHAPTER 129: Securities
Activities in Financial Institutions.
STATUTORY AUTHORITY: 9-B MRSA §§ 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 October, 2001.
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 § 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 October, 2001.
AFFECTED PARTIES: Maine consumers of non-deposit products and all state-chartered
financial institutions.
CHAPTER 131: Semiannual
Assessments.
STATUTORY AUTHORITY: 9-B MRSA § 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 October, 2001.
AFFECTED PARTIES: All state-chartered financial institutions.
CHAPTER 132: Mutual
Holding Companies.
STATUTORY AUTHORITY: 9-B MRSA § 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 October, 2001.
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 §§ 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 October, 2001.
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 §§ 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 October, 2001.
AFFECTED PARTIES: Members of state-chartered credit unions and all state-chartered
credit unions.
CHAPTER 135: Permissible
Tie-In Arrangements.
STATUTORY AUTHORITY: 9-B MRSA §§ 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 October, 2001.
AFFECTED PARTIES: All state-chartered financial institutions.
CHAPTER 136: Deposit
Production Offices.
STATUTORY AUTHORITY: 9-B MRSA § 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 October, 2001.
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 MRSA § 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 October, 2001.
AFFECTED PARTIES: Any financial institution operating an interstate
branch.
CHAPTER 138: Truth-in
Lending Regulation Z-2
STATUTORY AUTHORITY: 9-A MRSA § 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 October, 2001.
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 § 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 October, 2001.
AFFECTED PARTIES: Maine consumers and state-chartered financial institutions
CHAPTER 140 : Student
Loan Disclosures
STATUTORY AUTHORITY: 9-A MRSA § 8-104(1); Title 10 MRSA § 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-B MRSA §§ 842 and 828
PURPOSE: New rule to address powers and duties of the Board of Directors
of credit unions.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: All state-chartered credit unions.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-B MRSA §§ 111 and 1015
PURPOSE: New rule to address applications processing protocol.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: All state-chartered financial institutions.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-B MRSA § 215
PURPOSE: New rule to address safety and soundness issues essential to
the supervision of state-chartered financial institutions.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Maine businesses and consumers of financial services
and all state-chartered financial institutions.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-B MRSA § 416
PURPOSE: New rule to address safety and soundness and consumer protection
issues relating to powers granted through parity.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Consumers of financial services and all state-chartered
financial institutions.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-B MRSA § 418
PURPOSE: New rule to expand the activities in which a financial institution
may engage under agency agreement.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Consumers of financial services and any financial
institution providing services through agency agreements.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-B MRSA §§ 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 October, 2001.
AFFECTED PARTIES: Maine consumers and businesses and state-chartered
financial institutions.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-B MRSA § 468
PURPOSE: New rule to define or further define instructions on transactions
with affiliates.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: State-chartered financial institutions.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-B MRSA § 475
PURPOSE: New rule to address trust activities of financial institutions.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: State-chartered financial institutions.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-B MRSA § 1216
PURPOSE: New rule to address activities of non-depository trust companies
and implement provisions of newly enacted Chapter 121.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Non-depository trust companies.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-B MRSA § 1227
PURPOSE: New rule to address activities of merchant banks and implement
provisions of newly enacted Chapter 122.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Merchant banks.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-B MRSA § 1238
PURPOSE: New rule to address activities of uninsured banks and implement
provisions of newly enacted Chapter 123.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Uninsured banks.
CHAPTER : New Rule.
STATUTORY AUTHORITY: 9-A MRSA §§ 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 October, 2001.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank
lenders, and general creditors.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-A MRSA § 5-105(2)(C); § 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 October, 2001.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank
lenders, and general creditors.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-A MRSA § 4-301(4); § 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 October, 2001.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank
lenders, and general creditors.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-A MRSA § 2-510(3), § 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 October, 2001.
AFFECTED PARTIES: Maine consumers in credit transactions and creditors
offering consumer credit on a precomputed basis.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-A MRSA § 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 October, 2001.
AFFECTED PARTIES: Maine credit consumers and Maine creditors.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-A MRSA § 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 October, 2001.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank
lenders, and general creditors.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-A MRSA § 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 October, 2001.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank
lenders, and general creditors.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-A MRSA § 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 October, 2001.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank
lenders, and general creditors.
CHAPTER : New Rule
STATUTORY AUTHORITY: 9-A MRSA § 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 October, 2001.
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank
lenders, and general creditors.
AGENCY UMBRELLA
UNIT: 02-029
AGENCY NAME: Department of Professional and Financial Regulation, Bureau
of Banking, Securities Division
State House Station 121
Augusta, ME 04333-0121
Ph. #624-8551
CONTACT PERSON:
Christine Bruenn, Securities Administrator
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
CHAPTER: New Rules
STATUTORY AUTHORITY: 32 MRSA § 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 §§ 10305, 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 §§ 10312, 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 §§ 10307, 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 §§ 10305, 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 § 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 § 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 § 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 §§ 10703, 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 §§ 10502(3), 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 §§ 10502(2)(S), 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 § 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 § 10703
PURPOSE: To define reasonable supervision as that term is used in 32
MRSA §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 §§ 10607(3), 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 § 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: § 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 § 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 § 10703
PURPOSE: Rule to define the term commercial paper as that term is used
in 32 MRSA §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 § 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 § 10703
PURPOSE: To define the term "associated with" as used in 32 MRSA §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
New Agenda Item
- July 2000
CHAPTER: New Rule
STATUTORY AUTHORITY: 32 MRSA §§ 10302(2)(E), 10502(3), and 10703
PURPOSE: To provide securities issuers with a transactional exemption
from securities registration and sales representative licensing for
the offer or sale of securities to the Finance Authority of Maine.
ANTICIPATED SCHEDULE: Prior to 10/2000.
AFFECTED PARTIES: Any issuer who offers or sells securities to the Finance
Authority of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected
New Agenda Item
- October 2000
CHAPTER 525
STATUTORY AUTHORITY: 32 MRSA §§ 10404(5), 10405(9), and 10703
PURPOSE: To update this chapter by incorporating a new form and policy
statement by reference and indicating where to obtain these documents.
To amend the rule to apply to small company offerings instead of corporate
offerings, reflecting the broader types of entities that may use this
form of registration.
ANTICIPATED SCHEDULE: Prior to 12/2000.
AFFECTED PARTIES: Small companies wishing to offer or sell securities
to the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected
AGENCY UMBRELLA-UNIT
NUMBER: 02-030
AGENCY NAME: Department of Professional and Financial Regulation, 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 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 110: Bureau
Organization, Administration and Procedure
STATUTORY AUTHORITY: 9-A MRSA § 6-104(4)(A); § 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, 2001
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 § 5-105(2)(C); § 6-104
PURPOSE: The dollar amounts may be updated to more closely reflect the
current minimum wage.
ANTICIPATED SCHEDULE: Prior to July, 2001
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 § 4-301(4); § 6-104
PURPOSE: Chapter 140 may be amended to facilitate the offering of various
insurance products.
ANTICIPATED SCHEDULE: Prior to July, 2001
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 § 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, 2001
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 § 6-104(1); § 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, 2001
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 § 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, 2001
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 § 6-104(1)(E)
PURPOSE: Chapter 200 may be repealed, due to changes in the underlying
Consumer Credit Code provision (9-A MRSA § 2-504).
ANTICIPATED SCHEDULE: Prior to July, 2001
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 § 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, 2001
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 § 6-104, § 8-104, § 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, 2001
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 245: Student
Loan Disclosures
STATUTORY AUTHORITY: 9-A MRSA § 8-104(1); Title 10 MRSA § 363(8)(A)
PURPOSE: This joint rule established 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. It may be amended as needed.
ANTICIPATED SCHEDULE: Prior to July, 2001 if necessary.
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 250: Alternative
Mortgage Transactions
STATUTORY AUTHORITY: 9-A MRSA § 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, 2001
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 § 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, 2001
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 § 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, 2001
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 § 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, 2001
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 § 6125; § 6144
PURPOSE: The Legislature authorized appropriate, routine rulemaking
to implement the 1997 statutory provisions relative to those financial
companies.
ANTICIPATED SCHEDULE: Prior to July, 2001
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 - : Non-Bank
Cash-Dispensing Machines
STATUTORY AUTHORITY: 32 MRSA § 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, 2001
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.
AGENCY UMBRELLA-UNIT
NUMBER: 02-031
AGENCY NAME: Department of Professional and Financial Regulation, 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: Amendments to Rule Chapter
275, adopted August 9, 2000
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 2000-2001
RULEMAKING ACTIVITY:
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: Summer 2000
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: 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 § 212
PURPOSE: to implement clarifying changes recommended during Rule Review
Process and other miscellaneous changes
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Applicants for authority to transact insurance
CHAPTER 275: Medicare
Supplement Insurance
PURPOSE: to amend the current rule to provide open enrollment period
for those who lose individual coverage or Medicaid.
ANTICIPATED SCHEDULE: Fall/2000 An emergency amendment was adopted August
9, 2000 that expires 90 days from its adoption. The anticipated schedule
is to adopt a non-emergency amendment prior to that expiry.
AFFECTED PARTIES: Medicare supplement insurers and persons eligible
for Medicare who lose individual health insurance coverage or eligibility
for Medicaid.
CHAPTER 360: Requirements
Applicable to Preferred Provider Arrangements
STATUTORY AUTHORITY: 24-A MRSA § 2673-A (3)
PURPOSE: To make the rule consistent with the enactment of public law
609 (An Act to Update and Amend the Preferred Provider Arrangement Act).
ANTICIPATED SCHEDULE: Fall/2000
AFFECTED PARTIES: Preferred Provider Arrangements.
CHAPTER 420: Nursing
Home Care Insurance and Long Term Care Insurance
STATUTORY AUTHORITY: 24-A MRSA §§ 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: At Executive Review stage
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 §§ 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: May or may not do
AFFECTED PARTIES: Health Carriers including Health Maintenance Organizations
CHAPTER 470: Worker's
Compensation Insurance Premium Audit and Adjustment
STATUTORY AUTHORITY: 24-A MRSA §§ 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 2000
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 MRSA § 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: late 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: 2000-2001 once pending cases at time of repeal
are concluded.
AFFECTED PARTIES: Worker's compensation insurers and self-insurers,
attorneys, arbitrators.
CHAPTER 750: Standard
and Basic Plans
STATUTORY AUTHORITY: 24-A MRSA § 4202-A(1)
Purpose: to comply with legislative mandate for the Superintendent to
adopt rules establishing minimum standards specifically applicable to
HMO contracts
ANTICIPATED SCHEDULE: 2000
AFFECTED PERSONS: Health maintenance organizations, providers contracting
with HMOs, and members of HMOs.
NEW RULE: Employee
Benefit Excess Insurance
STATUTORY AUTHORITY: 24-A MRSA §§ 212 and 707(3)
PURPOSE: to establish 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: Viatical
settlements
STATUTORY AUTHORITY: 24-A MRSA §§ 212 and 6810
PURPOSE: to amplify the standards in the statute
ANTICIPATED SCHEDULE: Pending
AFFECTED PARTIES: Terminally ill individuals, viatical providers and
producers
NEW RULE: Group
Health Insurance; Preexisting Conditions
STATUTORY AUTHORITY: 24-A MRSA §§ 212 and 2849, sub-§6
PURPOSE: to substitute for the requirement of 24-A MRSA § 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,
§ 2710(c)(3)(B).
ANTICIPATED SCHEDULE: on hold pending finalization of federal regulations
AFFECTED PARTIES: Insureds and potential insureds, health carriers
CHAPTER 850: Health
Plan Accountability
Statutory Authority: 24-A MRSA §§ 2772, 2774, 4218, 4222-A and 4309
and 1999 PL c. 742, §20.
Purpose: to make major substantive revisions in light of experience
with the rule since its adoption and to make routine technical revisions
to the rule to make it consistent with the recently enacted Patient
Bill of Rights
Anticipated Schedule: fall-late 2000
Affected Parties: Health Plans and covered persons
AGENCY UMBRELLA-UNIT
NUMBER: 02-035
AGENCY NAME: Maine Athletic Commission
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 110: Wrestling
STATUTORY AUTHORITY: 32 MRSA §§13510, 13511 and 13512
PURPOSE: The Commission may repeal the existing fee provisions in light
of the proposed OLR rule under which OLR would establish fees for the
Commission directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: No concrete time.
AFFECTED PARTIES: Licensees, OLR and the Commission.
CHAPTER 210: Kickboxing
STATUTORY AUTHORITY: 32 MRSA §§13510, 13511 and 13512
PURPOSE: The Commission may repeal the existing fee provisions in light
of the proposed OLR rule under which OLR would establish fees for the
Commission directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: No concrete time.
AFFECTED PARTIES: Licensees, OLR and the Commission.
CHAPTER 610: Fees
STATUTORY AUTHORITY: 32 MRSA §§13510, 13511 and 13512
PURPOSE: The Commission may repeal the existing fee provisions in light
of the proposed OLR rule under which OLR would establish fees for the
Commission directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: No concrete time.
AFFECTED PARTIES: Licensees, OLR and the Commission.
AGENCY UMBRELLA-UNIT
NUMBER: 02-039
AGENCY NAME: Department of Professional & Financial Regulation, Office
of Licensing & Registration, Real Estate Commission
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 300: General
Information
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This Chapter sets the guidelines for meetings and maintenance
of Commission records. It may be necessary to amend the "records" section
to clarify access to electronic records of 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 year if needed.
AFFECTED PARTIES: Real estate licensees and the public.
CHAPTER 320: Agency/Designated
Broker Responsibilities
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This Chapter sets the standards for maintaining a real estate
company. Changes in banking practices, particularly electronic 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 year, if needed.
AFFECTED PARTIES: Real estate licensees and the public.
CHAPTER: 330: Minimum
Standards of Practice
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This Chapter sets the minimal standards for practicing real
estate brokerage. Internet advertising issues may require the Commission
to amend the 'advertising' section to establish specific standards for
advertising in that medium. Changes in industry practice may require
to the Commission to amend the Chapter to ensure that the standards
remain current and appropriate to protect the public. The Commission
does not plan to use consensus-based rule development in proposing any
changes.
ANTICIPATED SCHEDULE: Within one year, if needed.
AFFECTED PARTIES: Real estate licensees and the public.
CHAPTER: 340: Complaints
and Investigations
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This 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 year, if needed.
AFFECTED PARTIES: Real estate licensees and complainants.
CHAPTER 350: Adjudicatory
Hearings
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This 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 year, if needed.
AFFECTED PARTIES: Real estate licensees and hearing participants.
CHAPTER 360: Prerequisites
to Licensure by Individuals
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This Chapter establishes the educational qualifications for
licensure. Clarification of the educational options available to individuals
at the different levels of licensure may be necessary. The Commission
may reduce the number of exam questions for the associate broker exam
from 150 to 100. Additional changes to the examination section may be
necessary if the Commission contracts for exam services. The Commission
does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within one year, if needed.
AFFECTED PARTIES: Real estate license applicants and course providers.
CHAPTER 370: Continuing
Education
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This Chapter sets the guidelines for review and approval of
continuing education courses. Changes may be necessary if the Commission
decides to adopt an audit policy in lieu of recording course completions
for each licensee. In addition, 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 year, if needed.
AFFECTED PARTIES: Real estate licensees and continuing education providers.
CHAPTER 380: Fees
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This Chapter sets the fees charged for all purposes. If the
Commission contracts to outsource examinations, the examination fees
may change which would require that section to be amended. The Board
my also repeal existing fee provisions in the event that OLR establishes
fees for this board directly pursuant to 10 MRSA §8003(2-A)(D). The
Commission does not plan to use consensus-based rule development in
proposing changes
ANTICIPATED SCHEDULE: Within one year, if needed.
AFFECTED PARTIES: Real estate licensees and educational providers.
CHAPTER 390: Licensing
Procedures and requirements
STATUTORY AUTHORITY: 32 MRSA §13065
PURPOSE: This Chapter provides information regarding examinations and
license application procedures. Procedures for exam reviews may need
to be adopted. In addition, should the Commission contract to outsource
examinations 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 year, if needed.
AFFECTED PARTIES: Real estate license applicants and licensees.
02-041
Department of Professional and Financial Regulation, Office of Licensing
& Registration
35 State House Station
Augusta, Maine 04333-0035 Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 10: Establishment
of License Fees
STATUTORY AUTHORITY: 10 MRSA §8003-A(2-A)(D), (E)
PURPOSE: To establish license fees for nine licensing boards and four
regulatory functions within the Office of Licensing and Registration.
In addition, OLR may propose amendments to this chapter at a later date
to establish license fees for additional licensing boards and regulatory
functions.
ANTICIPATED SCHEDULE: Rulemaking hearing scheduled for September 5,
2000; possible rulemaking proceedings at a later date for additional
boards and regulatory functions.
AFFECTED PARTIES: Licensees and registrants, licensing boards, OLR.
CONSENSUS-BASED RULE DEVELOPMENT: Not Utilized
NEW RULE: (no chapter
number or title assigned)
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(D)
PURPOSE: To establish a uniform policy for the treatment of late renewals
of occupational licenses and registrations issued by the licensing boards
and regulatory functions within the Office of Licensing and Registration.
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees and registrants, licensing boards, OLR.
NEW RULE: (no chapter
number or title assigned)
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: To establish a uniform procedure for substantiating continuing
education requirements in connection with renewal of licensing and registrations
issued by the licensing boards and regulatory functions within the Office
of Licensing and Registration.
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees and registrants, licensing boards, OLR.
NEW RULE: (no chapter
number or title assigned)
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: To establish a uniform complaint procedure for the licensing
boards and regulatory functions within the Office of Licensing and Registration.
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Complainants, licensees and registrants.
NEW RULE: (no chapter
number or title assigned)
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: To establish a uniform policy regarding protested checks returned
to the licensing boards and regulatory functions within the Office of
Licensing and Registration.
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees and registrants.
Athletic
Trainers
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000 -
2001 RULE-MAKING ACTIVITY:
CHAPTER 110: DEFINITIONS
STATUTORY AUTHORITY: 32 MRSA §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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 210: GENERAL
INFORMATION
STATUTORY AUTHORITY: 32 MRSA §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. The board may repeal existing
fee provisions upon the conclusion of pending OLR rulemaking which calls
for the direct establishment of fees for this board by OLR.
ANTICIPATED SCHEDULE: Prior to June 30, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 310: LICENSURE
REQUIREMENTS
STATUTORY AUTHORITY: 32 MRSA §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. The board may repeal existing
fee provisions upon the conclusion of pending OLR rulemaking which calls
for the direct establishment of fees for this board by OLR.
ANTICIPATED SCHEDULE: Prior to June 30, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 410: COMPLAINTS,
INVESTIGATIONS AND ADJUDICATORY HEARINGS
STATUTORY AUTHORITY: 32 MRSA §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. The board may repeal existing
fee provisions upon the conclusion of pending OLR rulemaking which calls
for the direct establishment of fees for this board by OLR.
ANTICIPATED SCHEDULE: Prior to June 30, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
Charitable
Solicitations Act
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000 -
2001 RULE-MAKING ACTIVITY:
CHAPTER 1: DEFINITIONS
STATUTORY AUTHORITY: 10 MRSA §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 June 30, 2001.
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 §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 June 30, 2001.
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 §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 June 30, 2001.
AFFECTED PARTIES: Registered Charitable Organizations, Professional
Solicitors, Commercial Co Venture and Professional Fund-Raising Counsel.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 4: COMPLAINTS,
INVESTIGATIONS AND ADJUDICATORY HEARINGS
STATUTORY AUTHORITY: 10 MRSA §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 June 30, 2001.
AFFECTED PARTIES: Registered Charitable Organizations, Professional
Solicitors, Commercial Co Venture and Professional Fund-Raising Counsel.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
Interpreters
and Transliterators of American Sign Language and English
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000 -
2001 RULE-MAKING ACTIVITY:
CHAPTER 50: DEFINITIONS
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: This chapter defines definitions contained in the rules.
ANTICIPATED SCHEDULE: Prior to December 31, 2000.
AFFECTED PARTIES: Registered Interpreters/transliterators for the Deaf
and Hard of Hearing and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through
the advisory council established pursuant to 32 MRSA §1522(4).
CHAPTER 51: REQUIREMENTS
FOR INITIAL LICENSURE
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: This chapter sets forth the criteria for the initial licensure
of interpreters and transliterators and describes the application process
ANTICIPATED SCHEDULE: Prior to December 31, 2000.
AFFECTED PARTIES: Registered Interpreters for the Deaf and Hard of Hearing
and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through
the advisory council established pursuant to 32 MRSA §1522(4).
CHAPTER 52: LICENSE
RENEWAL AND CONTINING EDUCATION
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: This chapter sets forth continuing education requirements and
describes the license renewal process.
ANTICIPATED SCHEDULE: Prior to December 31, 2000.
AFFECTED PARTIES: Registered Interpreters for the Deaf and Hard of Hearing
and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through
the advisory council established pursuant to 32 MRSA §1522(4).
CHAPTER 53: CONVERSION
OF REGISTRATANTS TO LICENSEES
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: This chapter describes the transition process from registration
to licensure for persons previously registered as interpreters/transliterators
and deaf interpreters in Maine.
ANTICIPATED SCHEDULE: Prior to December 31, 2000.
AFFECTED PARTIES: Registered Interpreters for the Deaf and Hard of Hearing
and the general public..
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through
the advisory council established pursuant to 32 MRSA §1522(4).
CHAPTER 54: DISCLOSURE
STATEMENTS
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: This chapter describes the statutory disclosure to be furnished
by interpreters/transliterators and deaf interpreters to consumers and
clients.
ANTICIPATED SCHEDULE: Prior to December 31, 2000.
AFFECTED PARTIES: Registered Interpreters for the Deaf and Hard of Hearing
and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through
the advisory council established pursuant to 32 MRSA §1522(4).
CHAPTER 55: COMPLAINTS
AND INVESTIGATIONS
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: This chapter describes the procedure by which complaints will
be handled by the Office of Licensing and Registration.
ANTICIPATED SCHEDULE: Prior to December 31, 2000.
AFFECTED PARTIES: Registered Interpreters for the Deaf and Hard of Hearing
and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through
the advisory council established pursuant to 32 MRSA §1522(4).
Massage
Therapists Registration
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-01
RULE-MAKING ACTIVITY:
STATUTORY AUTHORITY:
32 MRSA, Chapter 127
CHAPTERS:
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 June 30, 2001.
AFFECTED PARTIES: Licensed Massage Therapists, Licensed Massage Practitioners,
and general public.
AGENCY UMBRELLA-UNIT
NUMBER: 02-070
AGENCY NAME: State Board of Certification for Geologists and Soil Scientists
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 5: Fees
STATUTORY AUTHORITY: 32 MRSA §4908
PURPOSE: The Commission may repeal the existing fee provisions in light
of the proposed OLR rule under which OLR would establish fees for this
board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: No concrete time.
AFFECTED PARTIES: Licensees, OLR and the Board.
AGENCY UMBRELLA-UNIT
NUMBER: 02-164
AGENCY NAME:
Department of Professional and Financial Regulation, Office of Licensing
& Registration, Board of Hearing Aid Dealers and Fitters
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, (207) 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2000 -
2001 RULEMAKING ACTIVITY:
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: Fall 2001.
AFFECTED PARTIES: Licensees and applicants.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 2: Licensing
Procedure
STATUTORY AUTHORITY: 32 MRSA, §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: Fall 2001.
AFFECTED PARTIES: Licensees and applicants.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 3: Application
and Examination Process
STATUTORY AUTHORITY: 32 MRSA, §1660-B(9)
PURPOSE: This Chapter establishes the application procedure, examination,
licensing procedure, and continuing education requirements of the Board.
Provisions may be added pertinent to the staff review of applications.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Licensees and applicants.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 4: Complaints
STATUTORY AUTHORITY: 32 MRSA, §1660-B(9)
PURPOSE: This Chapter establishes basic guidelines for the handling
of complaints received by the Board.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Licensees, applicants, and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 5: Initial
License and Renewal Fees
STATUTORY AUTHORITY: 32 MRSA, §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.
The board may repeal existing fee provisions in the event that OLR establishes
fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Licensees and applicants.
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: Fall 2001.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 7: Code
of Ethics
STATUTORY AUTHORITY: 32 MRSA, §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 §1658-B, relating to "Payment" and "Trial Period".
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Licensees and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
AGENCY UMBRELLA-UNIT
NUMBER: 02-174
AGENCY NAME: Board of Boilers and Pressure Vessels
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA §15104 and §15109(8)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 2: General
Rules Governing Boilers of All Types
STATUTORY AUTHORITY: 32 MRSA §15104 AND §15109(8)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by describing the general
requirements and procedures for the installation of new boilers, the
continued operation of existing boilers and repair and alteration of
all boilers.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 3: Power
Boilers
STATUTORY AUTHORITY: 32 MRSA §15104 and §15109(8)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirement
and procedures for the design, construction, installation and operation
of power boilers.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 4: Miniature
Boilers
STATUTORY AUTHORITY: 32 MRSA §15104 and §15109(8)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying 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, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 5: Low
Pressure Boilers
STATUTORY AUTHORITY: 32 MRSA §15104 and §15109(8)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
and procedures for the identification, construction, and installation
of low pressure boilers.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 6: Pressure
Vessels
STATUTORY AUTHORITY: 32 MRSA §15104 AND §15109(8)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
and procedures for the design, construction, installation, inspection
and operation of new pressure vessels.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 7: Welding
STATUTORY AUTHORITY: 32 MRSA §15104, §15109(8) AND §15110
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
and procedures to be followed in performing any welded repair, alteration,
or piping fabrication on boilers or pressure vessels not exempt by law.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 8: Shop
Certification
STATUTORY AUTHORITY: 32 MRSA §15104 AND §15109(8)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying 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, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 9: Boiler
Inspectors
STATUTORY AUTHORITY: 32 MRSA §15104 AND §15109(8)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for qualification and certification of boiler inspectors.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 10: Boiler
Engineers and Operators
STATUTORY AUTHORITY: 32 MRSA §15104 AND §15109(8)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
and procedures for the examination and licensing of boiler engineers
and operators.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 11: Welders
STATUTORY AUTHORITY: 32 MRSA §15104 AND 15109(8)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying and maintaining
welders qualifications to weld on boilers and pressure vessels.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 12: Fees
STATUTORY AUTHORITY: 32 MRSA §§15108-A, 15109, 15110, 15117 and 15118
PURPOSE: The board may repeal existing fee provisions in the event that
OLR establishes fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees and the board.
02-265
Department of Professional and Financial Regulation, Office of Licensing
& Registration, Board of Barbering and Cosmetology
35 State House Station
Augusta, Maine 04333-0035
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: General
Information
STATUTORY AUTHORITY: 32 MRSA §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.
The board may repeal existing fee provisions in the event that OLR establishes
fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: July, 2001.
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 §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: July, 2001.
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 §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: July, 2001.
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 §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: July, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 5: Requirements
to Hold a Demonstrator License
STATUTORY AUTHORITY: 32 MRSA §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: July, 2001.
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 §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: July, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Yes
CHAPTER 7: New
Chapter
STATUTORY AUTHORITY: 32 MRSA §14212(2)(D)
PURPOSE: Establish clear standards to apply for a license to practice
barbering, cosmetology, manicuring and aesthetics.
ANTICIPATED SCHEDULE: July, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
AGENCY UMBRELLA-UNIT
NUMBER: 02-280
AGENCY NAME: Board of Accountancy
CONTACT PERSON: Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA § 12214(4)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for Peer Review.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Certified Public Accountants, Public Accountants,
Accountancy Firms and the general public.
CHAPTER 3: Examination
Requirements
STATUTORY AUTHORITY: 32 MRSA § 12214(4), § 12228(4), § 12240(4)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for Peer Review and the examination to be administered for Public Accountants.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Certified Public Accountants, Public Accountants and
the general public
CHAPTER 4: Certification
Requirements
STATUTORY AUTHORITY: 32 MRSA § 12214(4), § 12228(10), § 12240(2)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the certification
requirements for Certified Public Accountants and Public Accountants.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Certified Public Accountants, Public Accountants and
the general public
CHAPTER 5: Permits
to Practice, Individual
STATUTORY AUTHORITY: 32 MRSA § 12214(4), § 12251(4)(b)(3), § 12251(5)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for individual permits to practice and continuing professional education
requirements for maintaining licensure.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Certified Public Accountants, Public Accountants and
the general public
CHAPTER 6: Permits
to Practice, Firms
STATUTORY AUTHORITY: 32 MRSA § 12214(4), § 12252(2)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for firm permits to practice.
ANTICIPATED SCHEDULE: Prior to July, 2000
AFFECTED PARTIES: Accountancy Firms and the general public
CHAPTER 8: Rules
of Professional Conduct
STATUTORY AUTHORITY: 32 MRSA § 12214(4)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by adopting a code
of professional conduct.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Certified Public Accountants, Public Accountants,
Accountancy Firms and the general public
CHAPTER 9: Fees
STATUTORY AUTHORITY: 32 MRSA § 12214(9)
PURPOSE: The board may repeal existing fee provisions in the event that
OLR establishes fees for this board directly pursuant to 10 MRSA § 8003(2-A)(D).
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Certified Public Accountants, Public Accountants,
Accountancy Firms and the general public
02-285
Department of Professional and Financial Regulation, Office of Licensing
& Registration, Board of Veterinary Medicine
35 State House Station
Augusta, Maine 04333-0035
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA:
NONE
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Licensing
of Veterinarians
STATUTORY AUTHORITY: 32 MRSA §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,
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, including continuing professional
education requirements and procedures. The fee schedule will be reviewed
and modified to insure the board's financial integrity. The Board may
repeal the existing fee provisions in light of the proposed OLR rule
under which OLR would establish fees for this board directly pursuant
to10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: November, 2000
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 2: Registration
of Animal Technicians
STATUTORY AUTHORITY: 32 MRSA §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,
including continuing professional education requirements and procedures.
ANTICIPATED SCHEDULE: November, 2000
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 3: Standards
and Guidelines for Practice
STATUTORY AUTHORITY: 32 MRSA §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: November, 2000
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 4: Hearing
Rules for Adjudicatory Proceedings
STATUTORY AUTHORITY: 32 MRSA §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: November, 2000
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 5: Advisory
Rulings
STATUTORY AUTHORITY: 32 MRSA §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: November, 2000
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
AGENCY UMBRELLA-UNIT
NUMBER: 02-288
AGENCY NAME: Department of Professional & Financial Regulation, Office
of Licensing & Registration, Board of Licensure of Architects, Landscape
Architects and Interior Designers
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Board
Administration
STATUTORY AUTHORITY: 32 MRSA §214 (1)
PURPOSE: This Chapter establishes the Board's administrative procedures.
The Board may recommend changes 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 1 year, if necessary.
AFFECTED PARTIES: Licensees and the public.
CHAPTER 2: Rules
for Architects, Landscape Architects and Interior Designers
STATUTORY AUTHORITY: 32 MRSA §214 (1)
PURPOSE: This Chapter sets the qualifications for licensure, a code
of conduct and the fee schedule. Section 1 may be repealed as the address
for the Board has changed and the purpose for this 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. The Board may also
repeal existing fee provisions in the event that OLR establishes fees
for this board directly pursuant to 10 MRSA §8003(2-A)(D). Section 8
may be amended to allow licensees to seal documents electronically.
Finally, the Board may clarify the term "broadly experienced." The Board
does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within 1 year, if necessary.
AFFECTED PARTIES: Licensees and the public.
AGENCY UMBRELLA
UNIT-NUMBER: 02-296
AGENCY NAME: Department of Professional and Financial Regulation, Office
of Licensing & Registration, Board of Examiners on Speech-Language Pathology
and Audiology
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, (207) 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2000 -
2001 RULEMAKING ACTIVITY:
CHAPTER 1: General
Rules
STATUTORY AUTHORITY: 32 MRSA, §6013(2)
PURPOSE: This Chapter is being repealed and replaced as follows:
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 1 - Definitions
STATUTORY AUTHORITY: 32 MRSA, §6013(2)
PURPOSE: This Chapter will define the terms used in these rules.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 2- Initial
Licensure
STATUTORY AUTHORITY: 32 MRSA, §§6013(2), 6020-A(1), 6021, 6022
PURPOSE: This Chapter will set forth criteria for the initial licensure
of Speech-Language Pathologists and Audiologists and describe the application
process. The requirement to have either a master's degree or a Certificate
of Clinical Competency will replace the enumeration of specific courses
which normally are included in the master's degree program.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Applicants for licensure and licensees.
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, §§6013, 6027, and 6030
PURPOSE: This Chapter will be re-designated as Chapter 3. These rules
set forth detailed requirements for continuing professional education,
approval and relicensing procedures, and definition of approved Continuing
Professional Education (CPE) activities. Courses will be required to
be "clinically" and "professionally" relevant to the practice, and not
merely "directly" relevant.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Licensees.
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, §§6013 and 6020-A(2)
PURPOSE: This Chapter will be re-designated as Chapter 4. These rules
outline the guidelines for registration and utilization of Speech-Language
Pathology Aides and Speech-Language Pathology Assistants. Two options
will be permitted for fulfillment of the practicum: completion of a
regionally-accredited training program or attainment of experience while
working as an aide.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Licensees and registrants.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 4: Scope
of Practice
STATUTORY AUTHORITY: 32 MRSA, §6013(2)
PURPOSE: This Chapter will be re-designated as Chapter 5. These rules
outline the scope of practice of Speech-Language Pathologists and Audiologists.
Sections pertaining to "Complaints" and the "Code of Ethics" will be
resituated into the following Chapter.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Licenses.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
New:
CHAPTER 6: Complaints,
Code of Ethics, Discipline Imposed by other Jurisdictions
STATUTORY AUTHORITY: 32 MRSA, §§6013(2) and 6026(2)
PURPOSE: This Chapter will contain the code of ethics adopted by the
board and a reference to the complaint process followed by the board;
additionally, it will establish that discipline imposed by other jurisdictions
may lead to disciplinary sanctions in Maine.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Licensees and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 7: Fees
STATUTORY AUTHORITY: 32 MRSA, §6028
PURPOSE: This Chapter will set forth the fees to be charged for all
licenses issued. These rules are being resituated from existing Chapter
1. The Board may repeal existing fee provisions in the event that OLR
establishes fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
02-297
Department of Professional and Financial Regulation, Office of Licensing
& Registration, Board of Chiropractic Licensure
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Rules
for Chiropractors.
STATUTORY AUTHORITY: 32 MRSA §§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. The board may
repeal existing fee provisions in the event that OLR establishes fees
for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: September, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 2: Rules
for Chiropractors.
STATUTORY AUTHORITY: 32 MRSA §§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. The board may
repeal existing fee provisions in the event that OLR establishes fees
for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: September, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 2: Rules
for Chiropractors
STATUTORY AUTHORITY: 32 MRSA §§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. The board may
repeal existing fee provisions in the event that OLR establishes fees
for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: September, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 3: Rules
for Chiropractors.
STATUTORY AUTHORITY: 32 MRSA §§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. The board may
repeal existing fee provisions in the event that OLR establishes fees
for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: September, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 4: Rules
for Chiropractic Assistants.
STATUTORY AUTHORITY: 32 MRSA §§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. The board may repeal existing fee provisions in the
event that OLR establishes fees for this board directly pursuant to
10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: September, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 5: Code
of Ethics.
STATUTORY AUTHORITY: 32 MRSA §§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. The board may repeal existing fee provisions in the
event that OLR establishes fees for this board directly pursuant to
10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: September, 2000.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
AGENCY UMBRELLA-UNIT
NUMBER: 02-298
AGENCY NAME: Department of Professional & Financial Regulation, Office
of Licensing & Registration, Board of Real Estate Appraisers
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 110: Fees
STATUTORY AUTHORITY: 32 MRSA §14012
PURPOSE: The Board may repeal existing fee provisions in the event that
OLR establishes fees for this Board directly pursuant to 10 MRSA §8003(2-A(D).
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees and the public.
CHAPTER 200: Prerequisites
to Licensure
STATUTORY AUTHORITY: 32 MRSA §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 needed changes.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: License applicants.
CHAPTER 210: Continuing
Education
STATUTORY AUTHORITY: 32 MRSA §14012
PURPOSE: This Chapter establishes the continuing education requirements.
The Board may need to amend the 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 year, if necessary.
AFFECTED PARTIES: Licensees.
CHAPTER 220: Educational
Course Requirements
STATUTORY AUTHORITY: 32 MRSA §14012
PURPOSE: This Chapter establishes the guidelines for approval of qualifying
and continuing education courses. The Board may need to amend the 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 year, if necessary.
AFFECTED PARTIES: License applicants and licensees.
CHAPTER 230: Supervising
Appraiser Duties
STATUTORY AUTHORITY: 32 MRSA §14012
PURPOSE: This 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 under supervision. The
Board does not plan to use consensus-based rule development in proposing
any changes.
ANTICIPATED SCHEDULE: Within one year, if necessary.
AFFECTED PARTIES: Licensees and the public.
CHAPTER 240: Standards
of Professional Practice
STATUTORY AUTHORITY: 32 MRSA §14012
PURPOSE: This Chapter references the edition of the standards of professional
practice. The Board will need to amend this chapter to reference the
most recent edition and effective date of the Uniform Standards of Professional
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 year, if necessary.
AFFECTED PARTIES: Licensees and the public.
AGENCY UMBRELLA-UNIT
NUMBER: 02-302
AGENCY NAME: Department of Professional & Financial Regulation Office
of Licensing & Registration, Board of Licensure of Auctioneers
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 20: Fees
STATUTORY AUTHORITY: 32 MRSA §289
PURPOSE: This Chapter establishes fees charged by the Board. The Board
is required to be self supporting. The Board may repeal existing fee
provisions in the event that OLR establishes fees for this board directly
pursuant to 10 MRSA §8003(2-A)(D). The Board does not plan to use consensus-based
rule development in proposing needed changes.
ANTICIPATED SCHEDULE: Within 1 year, if necessary.
AFFECTED PARTIES: Licensees.
CHAPTER 30: Qualifications
for Licensure
STATUTORY AUTHORITY: 32 MRSA §289
PURPOSE: This Chapter establishes the qualifications for licensure.
The Board may need to amend the chapter to increase the amount of the
required bond. The Board does not plan to use consensus-based rule development
in proposing needed changes.
ANTICIPATED SCHEDULE: Within 1 year, if necessary.
AFFECTED PARTIES: Licensees and the public.
CHAPTER 50: Minimum
Standards of Practice
STATUTORY AUTHORITY: 32 MRSA §289
PURPOSE: This Chapter establishes the standards of practice. The Board
may need to make amendments to the standards of practice in response
to changes in the business or complaints filed with the Board. The Board
does not plan to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within 1 year, if necessary.
AFFECTED PARTIES: Licensees and the public.
AGENCY UMBRELLA-UNIT
NUMBER: 02-313
AGENCY NAME: Board of Dental Examiners
(Affiliated with the 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 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Rules
Relating to Dental Hygienists
STATUTORY AUTHORITY: 32 MRSA § 1073
PURPOSE: To amend the rule to include bacterial sampling in the list
of duties performed under the general supervision of a dentist, to include
the use of nitrous oxide by dental hygienists, and to revise Public
Health Supervision Status for dental hygienists in order to make it
less restrictive.
ANTICIPATED SCHEDULE: January 1, 2001
AFFECTED PARTIES: Dentists, Hygienists and the Citizens of the State
of Maine.
USE OF CONSENSUS-BASED RULE DEVELOPMENT: By legislative resolve, the
Board will engage in the consensus-based rule development process in
regards to making Public Health Supervision Status for dental hygienists
less restrictive. The process must be complete and the rule must be
adopted by the Board by January 1, 2001.
CHAPTER 2: Rules
Relating to Dental Assistants
STATUTORY AUTHORITY: 32 MRSA § 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 2000/2001.
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 § 1073
PURPOSE: To repeal the rule as it has been superseded by Chapter 3,
which was adopted by the Board on April 16, 1999.
ANTICIPATED SCHEDULE: Winter or Spring of 2000/2001.
AFFECTED PARTIES: Denturists and Citizens of the State of Maine.
CHAPTER 7: False
and Misleading Advertising
STATUTORY AUTHORITY: 32 MRSA § 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 2000/2001.
AFFECTED PARTIES: Dental Professionals and Citizens of the State of
Maine.
CHAPTER 8: Complaints
STATUTORY AUTHORITY: 32 MRSA § 1073
PURPOSE: To amend the rule to include the time period that a surviving
spouse should retain dental records and provide copies of same upon
request from former patients of his/her deceased spouse.
ANTICIPATED SCHEDULE: Winter or Spring of 2000/2001
AFFECTED PARTIES: Maine Citizens and Surviving Spouses of Deceased Dentists
CHAPTER 12: Continuing
Dental Education
STATUTORY AUTHORITY: 32 MRSA § 1073
PURPOSE: To amend the rule to include some home study under category
I credit, to more clearly define the definition of category I credit,
and to make CPR a requirement.
ANTICIPATED SCHEDULE: Winter or Spring of 2000/2001
AFFECTED PARTIES: Maine Licensed Dentists, Dental Hygienists, and Denturists.
AGENCY UMBRELLA-UNIT
NUMBER: 02-318
AGENCY NAME: Electricians' Examining Board
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 120: Electrical
Installation Standards
STATUTORY AUTHORITY: 32 MRSA §1153 and §1153-A
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute adopting by reference
the current edition of the National Electrical Code in which all installations
must conform.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 130: Examination
and Licensing Requirements
STATUTORY AUTHORITY: 32 MRSA §1153, §1201 and §1204
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 to be an electrician in the State of Maine.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 150: Reciprocity
STATUTORY AUTHORITY: 32 MRSA §1153 AND §1206
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the procedure
for qualifying for licensure by reciprocity.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 140: Board
Fees
STATUTORY AUTHORITY: 332 MRSA §§ 1102-B(4), 1102(B)(5)(A), 1153, 1202(2),
1202(4), 1203, and 1204
PURPOSE: The Board may repeal existing fee provisions in the event that
OLR establishes fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees and the general public.
AGENCY UMBRELLA-UNIT
NUMBER: 02-322
State Board of
Registration for Professional Engineers
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2000 -
2001 RULEMAKING ACTIVITY: None
AGENCY UMBRELLA-UNIT
NUMBER: 02-331
AGENCY NAME: Department of Professional and Financial Regulation, Office
of Licensing & Registration, Board of Funeral Service
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2000 -
2001 RULEMAKING ACTIVITY:
CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA, §§1451 and 1501
PURPOSE: This Chapter defines terms related to the practice of funeral
service. New definitions are being added and obsolete ones deleted.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 2: Meetings
of the Board
STATUTORY AUTHORITY: 32 MRSA, §§1451 and 1501
PURPOSE: This Chapter describes the meeting procedures of the Board.
Reference to the duties of the inspector is being resituated elsewhere.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 3: Educational
Requirements
STATUTORY AUTHORITY: 32 MRSA, §§1451 and 1501
PURPOSE: This Chapter sets forth the educational requirements for a
person seeking licensure as a practitioner of funeral service in the
State of Maine. It is being reformatted for clarity.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 4: Examination
STATUTORY AUTHORITY: 32 MRSA, §§1451 and 1501
PURPOSE: This Chapter outlines the type of examinations administered
and provides other specific information pertaining to the examination;
it is being expanded to address aspects of the application process,
as well.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 5: Practitioner
Trainee
STATUTORY AUTHORITY: 32 MRSA, §§1451 and 1501
PURPOSE: This Chapter outlines the requirements and the conditions for
licensure as a practitioner trainee. It is being revised to clarify
these requirements.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Applicants for trainee status.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 6: Reciprocal
Agreements
STATUTORY AUTHORITY: 32 MRSA, §1451
PURPOSE: This Chapter outlines the reciprocal agreement procedures and
requirements for licensure. Wording is being added to specify that applicants
must attain a score of at least 75 on the state-specific licensing examination.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Licensees of other jurisdictions seeking to achieve
licensed status in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 7: Funeral
Establishments
STATUTORY AUTHORITY: 32 MRSA, §1451
PURPOSE: Rule amendments are being introduced to clarify the requirements
for licensing funeral establishments, and those related to the sale,
transfers, or name changes pertaining to funeral homes or businesses.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Funeral homes.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 8: Safety
and Health Standards
STATUTORY AUTHORITY: Title 32 MRSA, §§1451 and 1501
PURPOSE: Rule amendments are being 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,
to the extent that these are not superceded by OSHA, ADA, State Fire
Codes, or other more specific regulations.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 9: Complaints
STATUTORY AUTHORITY: 32 MRSA, §§1451 and 1501
PURPOSE: This Chapter describes the procedure by which complaints and
inspections will be handled by the Board. A section pertaining to inspections
is being added.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 10: Fees
STATUTORY AUTHORITY: 32 MRSA, §§1451,1504
PURPOSE: This Chapter lists the fees to be charged for all licenses
issued. The Board may repeal the existing fee provisions in light of
the proposed OLR rule under which OLR would establish fees for this
board directly pursuant to 10 MRSA §8003(2-A)(D). Additionally, the
re-inspection fee is being raised from $100 to $200. The Board may repeal
the existing fee provisions in light of the proposed OLR rule under
which OLR would establish fees for this board directly pursuant to 10
MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Applicants and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 11: General
Rules
STATUTORY AUTHORITY: 32 MRSA, §§1451, 1407 and 1501
PURPOSE: Rule amendments are being introduced to specify the disclosure
requirements regarding ownership and rental caskets mandated by 1999
PL, Chapter 282, "An Act to Require Certain Disclosures by Providers
of Funeral Services", and to add provisions relating to scope of practice.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR
Funeral Act Review Group.
CHAPTER 12: Continuing
Education Requirement
STATUTORY AUTHORITY: 32 MRSA, §§1451 and 1506
PURPOSE: This Chapter outlines the educational requirements which must
be met in order for practitioners of funeral service to renew their
licenses. These may be further clarified.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 13: Inactive
Status
STATUTORY AUTHORITY: 32 MRSA, §1451
PURPOSE: This Chapter's provisions are being resituated, and current
Chapter 14 will become Chapter 13, "Transportation of Human Remains."
Provisions relating to conveyance are being expanded.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 14: Transportation
of Human Remains
STATUTORY AUTHORITY: 32 MRSA, §1451
PURPOSE: Current Chapter 15 will become Chapter 14, "Disinterment,"
and it will be reworded for clarity.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 15: Disinterment
STATUTORY AUTHORITY: 32 MRSA, §1451
PURPOSE: Current Chapter 16 will become Chapter 15, "Temporary Storage,"
and it will be reworded for clarity.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR
Funeral Act Review Group.
CHAPTER 16: Storage
STATUTORY AUTHORITY: 32 MRSA, §1451
PURPOSE: Current Chapter 17 will become Chapter 16, "Code of Ethics,"
and it will be expanded to address "advertising."
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 17: Code
of Ethics
STATUTORY AUTHORITY: 32 MRSA, §§1401 and 1451
PURPOSE: Chapter 17 will be renamed "Prearranged Funerals and Burial
Plans - Mortuary Trust Agreements." It will specify the content of contracts
for pre-need funeral arrangements, the manner in which funds entrusted
to funeral homes for deposit in financial institutions are to be handled,
and the maximum administrative fees which may be charged by funeral
homes for servicing these accounts.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Recommendations were made by the DPFR
Funeral Act Review Group.
AGENCY UMBRELLA-UNIT
NUMBER: 02-333
AGENCY NAME: Department of Professional & Financial Regulation Office
of Licensing & Registration Board of Licensure of Professional Foresters
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: General
Provisions
STATUTORY AUTHORITY: 32 MRSA §5009(2)
PURPOSE: This Chapter sets the general Board procedures. Amendments
may be made as necessary to clarify the Board's administrative structure.
The Board may also repeal the existing fee provisions in light of the
proposed OLR rule under which OLR would establish fees for this board
directly pursuant to 10 MRSA §8003(2-A(D). The Board does not plan to
use consensus-based rule development in proposing any changes.
ANTICIPATED SCHEDULE: Within 1 year, if necessary.
AFFECTED PARTIES: Licensees.
CHAPTER 2: Rule
Making Procedures
STATUTORY AUTHORITY: 32 MRSA §5009(2)
PURPOSE: This Chapter requires that the Board comply with the Administrative
Procedures Act. This Chapter is not necessary and will be repealed.
The Board does not plan to use consensus-based rule development in proposing
the repeal.
ANTICIPATED SCHEDULE: Within 1 year, if necessary.
AFFECTED PARTIES: Licensees and the public.
CHAPTER 3: Hearings
STATUTORY AUTHORITY: 32 MRSA §5009(2)
PURPOSE: This Chapter requires the Board to conduct hearings in compliance
with Title 5. This Chapter is not necessary and will be repealed. The
Board does not plan to use consensus-based rule development in proposing
the repeal.
ANTICIPATED SCHEDULE: Within 1 year, if necessary.
AFFECTED PARTIES: Licensees and the public.
CHAPTER 4: Advisory
Rulings
STATUTORY AUTHORITY: 32 MRSA §5009(2)
PURPOSE: This 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 I proposing
changes.
ANTICIPATED SCHEDULE: Within 1 year, if necessary.
AFFECTED PARTIES: Licensees and the public.
CHAPTER 5: General
Requirements for Licensure
STATUTORY AUTHORITY: 32 MRSA §5009(2)
PURPOSE: This 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 the
procedure to obtain the required education. The Board does not plan
to use consensus-based rule development in proposing changes.
ANTICIPATED SCHEDULE: Within 1 year, if necessary.
AFFECTED PARTIES: License Applicants.
CHAPTER 6: Ethics
and Standards of Professional Conduct
STATUTORY AUTHORITY: 32 MRSA §5009(2)
PURPOSE: This Chapter establishes the code of ethics. The Board may
need to amend the standards to ensure that the standards are current
and protect the public interest. The Board does not plan to use consensus-based
rule development in proposing changes.
ANTICIPATED SCHEDULE: Within 1 year, if necessary.
AFFECTED PARTIES: Licensees and the public.
02-343
Department of Professional and Financial Regulation, Office of Licensing
& Registration
Board of Respiratory Care Practitioners
35 State House Station
Augusta, Maine 04333-0035
(207) 624-8633
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
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 §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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 2: Licensure
STATUTORY AUTHORITY: 32 MRSA §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. The board
may repeal existing fee provisions in the event that OLR establishes
fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 3: Standards
of Practice
STATUTORY AUTHORITY: 32 MRSA §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, 2001.
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 §9704
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 5: Enforcement
and Disciplinary Procedures
STATUTORY AUTHORITY: 32 MRSA §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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
AGENCY UMBRELLA-UNIT
NUMBER: 02-344
AGENCY NAME: Department of Professional and Financial Regulation, Office
of Licensing & Registration, Board of Licensing of Dietetic Practice
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000 -
2001 RULEMAKING ACTIVITY:
CHAPTER 1: General
Information
STATUTORY AUTHORITY: 32 MRSA, §9904(2)
PURPOSE: This chapter establishes guidelines relating to meetings, records
and advisory rulings.
ANTICIPATED SCHEDULE: Early fall 2001.
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, §9904(2)
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. Provisions may be added pertinent to the staff review
of applications. The Board may repeal existing fee provisions in the
event that OLR establishes fees for this board directly pursuant to
10 MRSA §8003(2-A(D).
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 3: Complaints
and Investigations
STATUTORY AUTHORITY: 32 MRSA, §9904(2)
PURPOSE: This Chapter describes the procedure by which complaints and
investigations will be handled by the Board.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 4: Code
of Ethics
STATUTORY AUTHORITY: 32 MRSA, §9904(2)
PURPOSE: This Chapter sets forth rules regarding codes of ethics for
licensed dietitians and dietetic technicians.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
AGENCY UMBRELLA-UNIT
NUMBER: 02-360
AGENCY NAME: Department of Professional & Financial Regulation, Office
of Licensing & Registration, Board of Licensure for Professional Land
Surveyors
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA §13903(2)
PURPOSE: This chapter defines words used in the Board's rules. The board
is proposing changes to this Chapter to repeal terms no longer found
in the Board's rules and to adopt new definitions for other words. The
Board does not plan to use consensus-based rule development in proposing
any needed changes.
ANTICIPATED SCHEDULE: Within 180 days.
AFFECTED PARTIES: Licensees and the public.
CHAPTER 2: Board
Practice
STATUTORY AUTHORITY: 32 MRSA §13903(2)
PURPOSE: This Chapter sets the Board's practices, including licensing
procedures, hearings, advisory rulings and general board operation.
The Board is proposing changes to set out licensing procedures, hearings
and advisory rulings into separate rule chapters. The Board does not
plan to use consensus-based rule development in proposing any needed
changes.
ANTICIPATED SCHEDULE: Within 180 days.
AFFECTED PARTIES: Licensees and the public
CHAPTER 3: Requirements
for Licensure
STATUTORY AUTHORITY: 32 MRSA §§13903(2) and 13910
PURPOSE: This Chapter sets the requirements for licensure. The Board
is proposing changes that will reorganize the qualifications into separate
sections for land surveyors-in-training and professional land surveyors.
The Board is also proposing changes to set out fees in a separate rule
chapter. However, the Board may repeal the existing fee provisions in
the event that OLR establishes fees for this board directly pursuant
to 10 MRSA §8003(2-A)(D). The Board does not plan to use consensus-based
rule development in proposing any needed changes.
ANTICIPATED SCHEDULE: Within 180 days.
AFFECTED PARTIES: License applicants.
CHAPTER 4: Professional
Development
STATUTORY AUTHORITY: 32 MRSA §13903(2)
PURPOSE: This Chapter establishes the continuing education requirements
for renewal. The Board is proposing changes to delete the sections that
are set forth in the statute. The Board does not plan to use consensus-based
rule development in proposing any needed changes.
ANTICIPATED SCHEDULE: Within 180 days.
AFFECTED PARTIES: Licensees
CHAPTER 5: Standards
of Professional Ethics
STATUTORY AUTHORITY: 32 MRSA §13903(2)
PURPOSE: This Chapter establishes the ethical standards of practice.
The Board is proposing to combine Chapter 5 and Chapter 6 into one chapter.
The proposed combined chapter will establish the professional and technical
standards of practice for licensees. The Board does not plan to use
consensus-based rule development in proposing any needed changes.
ANTICIPATED SCHEDULE: Within 180 days.
AFFECTED PARTIES: Licensees and the public.
CHAPTER 6: Technical
Standards of Practice
STATUTORY AUTHORITY: 32 MRSA §13903(2)
PURPOSE: This Chapter sets the technical practice standards of conduct.
The Board is proposing to combine Chapter 5 and Chapter 6 into one chapter.
In addition, the Board is proposing to amend the technical standards
consistent with changes in the profession. The Board does not plan to
use consensus-based rule development in proposing any needed changes.
ANTICIPATED SCHEDULE: Within 180 days
AFFECTED PARTIES: Licensees and the public.
AGENCY UMBRELLA-UNIT
NUMBER: 02-371
AGENCY NAME: Department of Professional and Financial Regulation, Office
of Licensing & Registration, Nursing Home Administrators Licensing Board
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2000 -
2001 RULEMAKING ACTIVITY:
CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA, §63-B(2)
PURPOSE: This Chapter provides definitions for applicable terms contained
in the rules.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 2: Nursing
Home Administrators
STATUTORY AUTHORITY: 32 MRSA, §63-B(2)
PURPOSE: This Chapter outlines the general requirements for licensure
as a Nursing Home Administrator.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 3: Residential
Care Facility Administrators
STATUTORY AUTHORITY: 32 MRSA, §63-B(2)
PURPOSE: This Chapter outlines the general requirements for licensure
as a Residential Care Facility Administrator.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 4: Multi-Level
Long Term Care Facility Administrators
STATUTORY AUTHORITY: 32 MRSA, §63-B(2)
PURPOSE: This Chapter outlines the general requirements for licensure
as a Multi-Level Long Term Care Facility Administrator.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 5: Licensing
STATUTORY AUTHORITY: 32 MRSA, §§63-B(2), 64-A, 66; 5 MRSA, Chapter 375
PURPOSE: This Chapter outlines the guidelines for issuance, renewal,
reinstatement, and disciplining of licensees.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 6: Endorsement
STATUTORY AUTHORITY: 32 MRSA, §63-B(2)
PURPOSE: This chapter outlines the process for endorsement for out of
state licensees.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants currently licensed in other jurisdictions.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 7: Temporary
Licenses
STATUTORY AUTHORITY: 32 MRSA, §§63-B(2), 64-A, and 66; 5 MRSA, Chapter
375
PURPOSE: This Chapter outlines the requirements for temporary licensure.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 8: Continuing
Education
STATUTORY AUTHORITY: 32 MRSA, §63-B(2)
PURPOSE: This Chapter outlines continuing professional education requirements
for Administrators licensed by the Board.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 9: Advisory
Rulings
STATUTORY AUTHORITY: 32 MRSA, §63-B(2); 5 MRSA, §9001
PURPOSE: This Chapter defines the process for obtaining advisory rulings
with regard to interpretation of these rules.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure, licensees, and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 10: Fees
STATUTORY AUTHORITY: 32 MRSA, §§63-B(2) and 65
PURPOSE: This Chapter defines all fees related to Board functions. The
Board may repeal existing fee provisions in the event that OLR establishes
fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 11: Code
of Ethics
STATUTORY AUTHORITY: 32 MRSA, §§63-B(2)
PURPOSE: This Chapter adapts nearly verbatim the Code of Ethics of the
American College of Health Care Administrators
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Licensees and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
AGENCY UMBRELLA-UNIT
NUMBER: 02-373
AGENCY NAME: Department of Professional and Financial Regulation, Board
of Licensure in Medicine
CONTACT PERSON: Randal C. Manning, Executive Director, 137 State House
Station, Augusta, ME 04333-0137. Tel. (207) 287-3605
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000 -
2001 RULE-MAKING ACTIVITY:
CHAPTER 1: Rules
and Regulations for Physicians
STATUTORY AUTHORITY: 32 MRSA § 3269(7)(10) § 3280
PURPOSE: Chapter 1 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Late fall of 2000.
AFFECTED PARTIES: Any person applying for medical licensure or renewing
a license and citizens seeking medical services.
CHAPTER 2: Rule
governing physician assistants and establishes a Physician Assistant
Advisory Committee.
STATUTORY AUTHORITY: 32 MRSA §§ 3269(7) and 3270-A, B and C
PURPOSE: Chapter 2 will be amended to make technical revisions.
ANTICIPATED SCHEDULE: Late summer of 1999.
AFFECTED PARTIES: Any person applying for a physician assistant license
or renewing the license, supervising physicians, and citizens seeking
medical services.
CHAPTER 3: Physician
Supervision of Physician Extenders
STATUTORY AUTHORITY: 32 MRSA §§ 3269 (7) and 32 MRSA § 3270-A, B and
C.
PURPOSE: Chapter 3 will be amended to make technical changes in PA registration
process, and clarify the process by which physicians register their
supervision of Nurse Practitioners who perform medical acts under delegation
of a physician.
ANTICIPATED SCHEDULE: Late summer 2000.
AFFECTED PARTIES: Supervising physicians who supervise physician extenders.
CHAPTER 4: LICENSURE
STATUTE CLARIFICATIONS
STATUTORY AUTHORITY: 32 MRSA §§ 3271(2)(3) and 3275(1)
PURPOSE: Repeal this section.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: Licensees of Board
CHAPTER 10: Sexual
Misconduct
STATUTORY AUTHORITY: Title 32 MRSA §§ 3269 (7) and 3270-A,B,C and 2562,
2594-C.3
PURPOSE: No anticipated changes.
CHAPTER 11: Use
Of Controlled Substances For Treatment Of Pain
STATUTORY AUTHORITY: Title 32 MRSA §§ 2562 and 3269(3)(7)
PURPOSE: No anticipated changes.
CHAPTER 20:Medical
Liability Demonstration Project (The "Project") Anesthesiology Specialty
Practice Parameters And Risk Management Protocols.
STATUTORY AUTHORITY: Title 24 MRSA c. 21, sub-c. IX and § 2972 (Supp.
1990)
PURPOSE: Repeal, project ended 12/31/99
CHAPTER 22: Medical
Liability Demonstration Project - Emergency Medicine Specialty Practice/Risk
Protocol.
STATUTORY AUTHORITY: Title 24 MRSA c. 21, sub-c. IX and § 2972 (Supp.
1990)
PURPOSE: Repeal, project ended 12/31/99
CHAPTER 24: Medical
Liability Demonstration Project -Obstetrics And Gynecology Specialty
Practice /Risk Protocols
STATUTORY AUTHORITY: Title 24 MRSA c. 21, sub-c. IX and § 2972 (Supp.
1990)
PURPOSE: Repeal, project ended 12/31/99
CHAPTER 26: Medical
Liability Demonstration Project - Radiology Specialty Practice/Risk
Protocol.
STATUTORY AUTHORITY: Title 24 MRSA c. 21, sub-c. IX and § 2972 (Supp.
1990)
PURPOSE: Repeal, project ended 12/31/99
AGENCY UMBRELLA-UNIT
NUMBER: 02-380
AGENCY NAME: Maine State Board of Nursing
CONTACT PERSON: Myra A. Broadway, J.D., M.S., R.N., Executive Director,
158 State House Station, Augusta, ME 04333-0158. Tel: (207) 287-1133.
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA:
CHAPTER 8 amendment
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Requirements
for Licensure As A Registered Professional Nurse
STATUTORY AUTHORITY: 32 MRSA § 2153-A(1)
PURPOSE: To further define requirements for licensure by examination
and endorsement and renewal procedures.
ANTICIPATED SCHEDULE: August, 2001
AFFECTED PARTIES: Licensed Nurses
CHAPTER 2: Requirements
for Licensure As A Licensed Practical Nurse
STATUTORY AUTHORITY: 32 MRSA § 2153-A(1)
PURPOSE: To further define requirements for licensure by examination
and endorsement and renewal procedures.
ANTICIPATED SCHEDULE: August, 2001
AFFECTED PARTIES: Licensed Nurses
CHAPTER 4: Rules
Relating to Disciplinary Action and Violations of Law
STATUTORY AUTHORITY: 32 MRSA § 2153-A(1)
PURPOSE: Chapter 4 will be amended to amend disciplinary process and
further define unprofessional conduct.
ANTICIPATED SCHEDULE: Prior to September, 2001
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 § 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, 2001
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 § 2153-A(1)
PURPOSE: Chapter 6 will be amended to clarify coordination and oversight.
ANTICIPATED SCHEDULE: Prior to August, 2001
AFFECTED PARTIES: Licensed Nurses, Unlicensed Assistive Personnel
CHAPTER 7: Standards
for Educational Programs in Nursing
STATUTORY AUTHORITY: 32 MRSA § 2153-A(1)
PURPOSE: Chapter 7 will be amended to clarify definition of nursing
faculty
ANTICIPATED SCHEDULE: Prior to August, 2001
AFFECTED PARTIES: Licensed Nurses
CHAPTER 8: Rules
Relating to Advanced Practice Registered Nursing
STATUTORY AUTHORITY: 32 MRSA § 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.
ANTICIPATED SCHEDULE: Prior to June, 2001
AFFECTED PARTIES: Advanced Practice Registered Nurses
CHAPTER 10: Regulations
Relating to Administration of Intravenous Therapy by Licensed Nurses
STATUTORY AUTHORITY: 32 MRSA § 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, 2001
AFFECTED PARTIES: Licensed Nurses
CHAPTER 11: Regulations
Relating to the Nurse Licensure Compact
STATUTORY AUTHORITY: 10 MRSA § 8003 sub-§ 5(F) (PL 687, 1999); 32 MRSA
§ 2153-A(1)
PURPOSE: Chapter 11 will be developed to enable the board to enter the
Nurse Licensure Compact and provide guidelines for mutual recognition
of compact states.
ANTICIPATED SCHEDULE: June, 2001
AFFECTED PARTIES: Licensed Nurses
AGENCY UMBRELLA-UNIT
NUMBER: 02-381
AGENCY NAME: Oil and Solid Fuel Board
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA §2311, §2353 and §2402
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying wording
of the law and rules.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 3: Licensure
Requirements
STATUTORY AUTHORITY: 32 MRSA §2311, §2353, §2402 and §2404
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for licensure for Apprentices, Journeymen and Masters.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 4: Examination
Requirements
STATUTORY AUTHORITY: 32 MRSA §2353, §2402 and §2403
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by setting forth the
type of examinations administered and other specific information pertaining
to the examinations.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 5: Use
of Other License Authorities
STATUTORY AUTHORITY: 32 MRSA §2353 and §2402
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for licensed master and journeyman technicians to gain licensed experience
as an apprentice to qualify for an additional license authority.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 6: Fees
STATUTORY AUTHORITY: 32 MRSA §2353 and §2402
PURPOSE: The Board may repeal the existing fee provisions in light of
the proposed OLR rule under which OLR would establish fees for this
board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees, OLR, the Board.
CHAPTER 7: Adoption
of Standards and Rules
STATUTORY AUTHORITY: 32 MRSA §2402
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by setting forth the
standards for installation of any oil and solid fuel burning equipment,
chimneys, fireplaces and vents.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 8: Modification
of Standards
STATUTORY AUTHORITY: 32 MRSA §2313, §2353 and §2402
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by authorizing modifications
to installation standards under unusual circumstances.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 9: Installation
of Oil Burning Equipment
STATUTORY AUTHORITY: 32 MRSA §2313, §2353 and §2402
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the guidelines
for the installation of oil burning equipment with necessary safety
controls, devices and standards for the reduction of fire hazards associated
with oil fired equipment used in residential, commercial, and industrial
applications.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 10: Installation
of Solid Fuel Burning Equipment
STATUTORY AUTHORITY: 32 MRSA §2313, §2353 and §2402
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the proper
installation of solid fuel burning equipment in residential, commercial,
and industrial installations.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 11: Chimneys
STATUTORY AUTHORITY: 32 MRSA §2313, §2313-A, §2353 and §2402
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the construction
and installation requirements of chimneys, fireplaces, and venting systems
for residential, commercial, and industrial appliances.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 13: Installation
of Waste Oil Appliances and Waste Oil Supply Tanks
STATUTORY AUTHORITY: 32 MRSA §2313, §2353 and §2402
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for the use of waste oil burning equipment.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
AGENCY UMBRELLA-UNIT
NUMBER: 02-382
AGENCY NAME: Professional and Financial Regulation, Affiliated Board,
Maine Board of Optometry
113 State House Station
Augusta, ME 04333-0113
CONTACT PERSON:
Susan A. Giampetruzzi, Executive Secretary, 113 State House Station,
Augusta, ME 04333-0113
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Treatment
of Glaucoma
STATUTORY AUTHORITY: 34-A MRSA §2430-A(1)
PURPOSE: To set term limits for the glaucoma consultation subcommittee.
ANTICIPATED SCHEDULE: By January 1, 2001
AFFECTED PARTIES: Glaucoma consultation subcommittee members and licensed
optometrists
AGENCY UMBRELLA-UNIT
NUMBER: 02 383
AGENCY NAME: Board of Osteopathic Licensure (Affiliated w/Dept. of Professional
& Financial Regulation)
142 State House Station, Augusta, ME 04333-0142
Telephone: 207/287-2480 - Fax 207/287-3015
CONTACT PERSON:
Susan E. Strout, Executive Secretary
EMERGENCY RULES
ADOPTED SINCE LAST REGULATORY AGENDA: None
EXPECTED 2000/2001
RULE-MAKING ACTIVITY:
CHAPTER (?): Disruptive
Conduct
STATUTORY AUTHORITY: 32 MRSA §§2562 & 2581
PURPOSE: To establish policy and guidelines regarding the identification
of circumstances which indicate that the behavior of a physician or
physician assistant toward a patient or others is considered disruptive
to patient care and therefore unprofessional conduct.
ANTICIPATED SCHEDULE: Fall/Winter 2000/2001
AFFECTED PARTIES: Citizens and licensees of the State of Maine.
CHAPTER (?): Offer,
Sale, Rental or Lease of Health-Related or Non-Health Related Goods
STATUTORY AUTHORITY: 32 MRSA §§2562 & 2581
PURPOSE: To establish policy and guidelines regarding the offer, sale,
rental or lease of health-related or non-health related goods by a physician
or physician assistant.
ANTICIPATED SCHEDULE: Fall/Winter 2000/2001
AFFECTED PARTIES: Citizens and licensees of the State of Maine.
CHAPTER 3: NP Rule
(Amendments for Purpose of Clarification)
STATUTORY AUTHORITY: 32 MRSA §§2562 & 2581
PURPOSE: To clarify existing rule regarding supervision of advanced
practice nurses.
ANTICIPATED SCHEDULE: Fall/Winter 2000/2001
AFFECTED PARTIES: Citizens and licensees of the State of Maine.
02-384
Department of Professional and Financial Regulation Office of Licensing
& Registration, Board of Alcohol and Drug Counselors
35 State House Station
Augusta, Maine 04333-0035
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Eligibility,
Testing, Educational, Work experience, Application,
Reciprocity, and Fee Requirements.
STATUTORY AUTHORITY: 32 MRSA §§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,
clinical supervision, and for certifying individuals who perform clinical
supervision. The board may repeal the existing fee provisions of this
chapter in light of the proposed OLR rule under which OLR would establish
fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly
CHAPTER 2: Continuing
Professional Education.
STATUTORY AUTHORITY: 32 MRSA §§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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly
CHAPTER 3: Appeals
and Disciplinary Procedures.
STATUTORY AUTHORITY: 32 MRSA §§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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly
CHAPTER 4: Complaint
Handling.
STATUTORY AUTHORITY: 32 MRSA §§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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly
CHAPTER 5: Advisory
Rulings.
STATUTORY AUTHORITY: 32 MRSA §§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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly
CHAPTER 6: Code
of Ethics.
STATUTORY AUTHORITY: 32 MRSA §§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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Possibly
02-385
Department of Professional and Financial Regulation Office of Licensing
and Registration, Manufactured Housing Board
35 State House Station
Augusta, Maine 04333-0035
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2000 -
2001 RULE-MAKING ACTIVITY:
CHAPTER 900: Manufactured
Home Installation Standards
STATUTORY AUTHORITY: 10 MRSA §9005 and §9042
PURPOSE: These rules will be amended to reflect current installation
standards for mobile and modular homes in the State of Maine.
ANTICIPATED SCHEDULE: Prior to June 30, 2001.
AFFECTED PARTIES: The general public and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Expected
CHAPTER 340: Manufactured
Home Installation Standards
STATUTORY AUTHORITY: 10 MRSA §9021
PURPOSE: The board may repeal existing fee provisions in the event that
OLR establishes fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Uncertain
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: No
AGENCY UMBRELLA-UNIT
NUMBER: 02-386
AGENCY NAME: Board of Elevator and Tramway Safety
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA §15206 and §15202
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 2: Rules
for All Elevators, Manlifts and Escalators
STATUTORY AUTHORITY: 32 MRSA §15206, §15221 and §15224
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the condition
in which elevators, escalators and manlifts must be maintained.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 3: Rules
for New Elevator Installations
STATUTORY AUTHORITY: 32 MRSA §15206
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the rules
that must be followed for new elevator construction, installation, inspection,
maintenance and operation.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 4: Rules
for Existing Elevator Installations
STATUTORY AUTHORITY: 32 MRSA §15206
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the rules
to be followed for the maintenance, operation, use and inspection of
elevators installed prior to January 1, 1984.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 5: Rules
for Escalator & Moving Walks Installations
STATUTORY AUTHORITY: 32 MRSA §15206, §15221 and §15224
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for the construction, installation, maintenance and operation of escalators.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 6: Rules
for Manlift Installations
STATUTORY AUTHORITY: 32 MRSA §15206, §15221 and §15224
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for new and existing manlift installation, maintenance, operation and
inspection.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 7: Tramway
Rules
STATUTORY AUTHORITY: 32 MRSA §15206, §15221 AND §15224
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for the construction, installation, maintenance and operation of tramways.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 8: Elevator
Inspectors
STATUTORY AUTHORITY: 32 MRSA §15206, §15208, §15213, §15214, §15215,
§15221
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for licensure for elevator inspectors and mechanics with an inspector
endorsement as well as the requirements for elevator inspections.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 9: Tramway
Inspectors
STATUTORY AUTHORITY: 32 MRSA §15206, §15209 and §15221
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for licensure for tramway inspectors as well as the requirements for
tramway inspections.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 10: Wire
Rope Inspectors
STATUTORY AUTHORITY: 32 MRSA §15206, §15209 and §15221
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for licensure for wire rope inspectors as well as the requirements for
wire rope inspections.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 11: Elevator
Mechanics
STATUTORY AUTHORITY: 32 MRSA §15206, §15213 and §15216
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for licensure for elevator mechanics.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 15: Fees
STATUTORY AUTHORITY: 32 MRSA §§15204, 15208, 15209, 15209-A, 15215,
15216, 15216-A, 15216-B, 15216-C, 15224 and 15225
PURPOSE: The Board may repeal existing fee provisions in the event that
OLR establishes fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees and the board.
02-392
Department of Professional and Financial Regulation, Office of Licensing
& Registration, Maine Board of Pharmacy
35 State House Station
Augusta, Maine 04333-0035
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER
1 Computer Regulations
2 Nuclear Drug Outlet Regulations
3 Sterile Pharmaceuticals
4 Complaint Handling and Enforcement
5 Adjudicatory Hearings
6 Advisory Rulings
7 Continuing Education
8 Security
9 Out of State Mail Order Drug Companies
10 General Rules
11 Generic Substitution
12 Adoption of Federal Regulations
13 Previous Pharmacy Regulations
14 Application for the Registration of a Drug Outlet
15 Registration of Wholesale Drug Distributors
16 Patient Counseling Requirements
STATUTORY AUTHORITY: 32 MRSA §§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.
The board may repeal existing fee provisions in the event that OLR establishes
fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
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.
3. Pursuant to Public Law 1999 Chapter 786 adopt rules requiring disclosure
by participating retail pharmacies to qualified residents of the amount
of savings provided as a result of the program. The rules must consider
and protect information that is proprietary in nature.
ANTICIPATED SCHEDULE January, 2001
AFFECTED PARTIES: Licensees, including pharmacies, and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Probable
02-393
Department of Professional and Financial Regulation, Office of Licensing
& Registration, Board of Examiners in Physical Therapy
35 State House Station
Augusta, Maine 04333-0035
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 3: Licensure
Requirements for Physical Therapists and Physical Therapist Assistants
STATUTORY AUTHORITY: 32 MRSA §§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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 7: Fees
STATUTORY AUTHORITY: 32 MRSA §§3112(5)
PURPOSE: The board may repeal existing fee provisions in the event that
OLR establishes fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
AGENCY UMBRELLA-UNIT
NUMBER: 02-395
AGENCY NAME: Plumbers' Examining Board
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: General
Provisions
STATUTORY AUTHORITY: 32 MRSA §3403-A
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the guidelines
relating to meetings, advisory rulings, and maintenance of records.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 2: Complaints,
Investigations and Adjudicatory Hearings
STATUTORY AUTHORITY: 32 MRSA §3403-A
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the procedure
by which complaints and adjudicatory hearings will be handled by the
Board.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 3: Licensing
Requirements
STATUTORY AUTHORITY: 32 MRSA §3403-A
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for licensure as a Trainee Plumber, Journeyman Plumber, and Master Plumber.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 4: Installation
Standards
STATUTORY AUTHORITY: 32 MRSA §3403-A
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by adopting standards
for plumbing installations in the State of Maine.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 5: Examinations
STATUTORY AUTHORITY: 32 MRSA §3403-A
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by setting forth specific
information pertaining to the examination.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 6: Reciprocity
STATUTORY AUTHORITY: 32 MRSA §3403-A
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the procedures
for qualifying for licensure by reciprocity.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 7: Fees
STATUTORY AUTHORITY: 32 MRSA §3403-A
PURPOSE: The Board may repeal existing fee provisions in the event that
OLR establishes fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees and the Board.
CHAPTER 8: Conflict
of Interest
STATUTORY AUTHORITY: 32 MRSA §3403-A
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying Conflict
of Interest Policy which sets the professional standards for Plumbers'
Examining Board members.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
NEW RULE: 9: Administration
of the Internal Plumbing Code
STATUTORY AUTHORITY: 32 MRSA 3403-A
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by establishing criteria
by which the Board requires, issues and inspects permits for installations
of internal plumbing systems.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
AGENCY UMBRELLA
UNIT-NUMBER: 02-396
AGENCY NAME: Department of Professional and Financial Regulation, Office
of Licensing & Registration, Board of Licensure of Podiatric Medicine
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2000 -
2001 RULEMAKING ACTIVITY:
CHAPTER 1: Licensing
of Podiatrists
STATUTORY AUTHORITY: 32 MRSA, §§3605-B(3), 3651-A, 3652 and 3654
PURPOSE: This Chapter outlines the application procedure and qualifications
for licensure. Provisions may be added pertinent to the staff review
of applications.
ANTICIPATED SCHEDULE: Spring of 2001.
AFFECTED PARTIES: Licensees, applicants and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 2: Fees
STATUTORY AUTHORITY: 32 MRSA, §§3605-B(1) and (3) and 3652
PURPOSE: This Chapter establishes the fees charged for licensure and
license renewal. The Board may repeal the existing fee provisions in
light of the proposed OLR rule under which OLR would establish fees
for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Spring of 2001.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 3: Continuing
Education of Podiatrists
STATUTORY AUTHORITY: 32 MRSA, §§3605-B(2) and (3) and 3652
PURPOSE: This Chapter establishes the academic requirements for continuation
of licensure.
ANTICIPATED SCHEDULE: Spring of 2001.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
02-415
Department of Professional and Financial Regulation, Office of Licensing
& Registration, Board of Psychologists
35 State House Station
Augusta, Maine 04333-0035
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Introduction.
STATUTORY AUTHORITY: 32 MRSA §§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,
computerized testing, continuing professional education, examination,
fees, enforcement and disciplinary procedures, and standards of practice.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 2: Definitions.
STATUTORY AUTHORITY: 32 MRSA §§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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 3: Licensure.
STATUTORY AUTHORITY: 32 MRSA §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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 4: Standards
of Practice.
STATUTORY AUTHORITY: 32 MRSA §§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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 5: Continuing
Professional Education.
STATUTORY AUTHORITY: 32 MRSA §§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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 6: Fee
Schedule.
STATUTORY AUTHORITY: 32 MRSA §§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. The board may repeal
existing fee provisions in the event that OLR establishes fees for this
board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 7: Enforcement,
Disciplinary Procedures, and Appeals.
STATUTORY AUTHORITY: 32 MRSA §§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, 2001.
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
AGENCY UMBRELLA
UNIT-NUMBER: 02-416
AGENCY NAME: Department of Professional and Financial Regulation, Office
of Licensing & Registration, Board of Social Worker Licensure
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2000 -
2001 RULEMAKING ACTIVITY:
CHAPTER 1: Introduction
STATUTORY AUTHORITY: 32 MRSA, §7030(2)
PURPOSE: This Chapter sets forth the general intent and purpose of these
rules.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 2: Definitions
STATUTORY AUTHORITY: 32 MRSA, §§ 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. "Telepractice" may be defined.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 3: Licensure
STATUTORY AUTHORITY: 32 MRSA, §§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. Provisions may be added pertinent to the staff review of applications.
The Board may repeal existing fee provisions in the event that OLR establishes
fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 4: Standards
of Practice
STATUTORY AUTHORITY: 32 MRSA, §§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 a description of role of the consultant
used in licensing procedures. Provisions relating to "Telepractice"
over the internet may be introduced.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure, licensees, and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 5: Enforcement
& Disciplinary Procedures
STATUTORY AUTHORITY: 32 MRSA, §§7030(1) and (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: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure, licensees, and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
AGENCY UMBRELLA
UNIT-NUMBER: 02-465
AGENCY NAME: Department of Professional and Financial Regulation, Office
of Licensing & Registration, Radiologic Technology Board of Examiners
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2000 -
2001 RULEMAKING ACTIVITY:
CHAPTER 1: The
Medical Radiation Technology Licensing Rules
STATUTORY AUTHORITY: MRSA, §9853(6) (E)
PURPOSE: These rules 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. Provisions may be added pertinent to the staff review
of applications. The Board may repeal existing fee provisions in the
event that OLR establishes fees for this board directly pursuant to
10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 2: Educational
Requirements for Courses of Study for Limited Licensure
STATUTORY AUTHORITY: 32 MRSA, §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: Early fall 2001.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 3: Competency
Requirements for Renewal of Radiologic Technology License
STATUTORY AUTHORITY: 32 MRSA, §9853(6) (E)
PURPOSE: This Chapter sets forth continuing education requirements for
license renewal in the State of Maine.
ANTICIPATED SCHEDULE: Early fall 2001.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
AGENCY UMBRELLA-UNIT
NUMBER: 02-477
AGENCY NAME: Department of Professional and Financial Regulation, Office
of Licensing & Registration, Board of Occupational Therapy Practice
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2000 -
2001 RULEMAKING ACTIVITY:
CHAPTER 1: Rules
and Regulations
STATUTORY AUTHORITY: 32 MRSA, §§2274(2)
PURPOSE: This Chapter is being repealed and replaced as follows:
CHAPTER 1 - General
Information
Statutory Authority: 32 MRSA, §§2274(2)
Purpose: This Chapter will provide for the election of Board officers
and the professional identification of licensees.
CHAPTER 2 - Advisory
Rulings
Statutory Authority: 5 MRSA, §9001(4) and 32 MRSA, §2274(2)
Purpose: This Chapter will provide for the issuance of advisory rulings
by the Board.
CHAPTER 3 - Rules
for the Licensure of Occupational Therapy Practice
Statutory Authority: 32 MRSA, §2274(2)
Purpose: This Chapter will contain the requirements and procedures for
the issuance of permanent and temporary licenses for the practice of
occupational therapy.
CHAPTER 4 - Fees
Statutory Authority: 32 MRSA, §§2274(2) and 2285(1)
Purpose: This Chapter will list the license fees charged by the Board.
The Board may repeal existing fee provisions in the event that OLR establishes
fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
CHAPTER 5 - Role
of the Occupational Therapy Assistant and Supervision of Occupational
Therapy Assistants and Temporary Occupational Therapists
Statutory Authority: 32 MRSA, §§2274(2)
Purpose: This Chapter will describe the permissible duties of the Occupational
Therapy Assistants and the duties of Occupational Therapists in the
supervision of their Assistants.
CHAPTER 7 - Code
of Ethics
Statutory Authority: 32 MRSA, §§2274(2)
Purpose: This Chapter will set forth rules regarding the code of ethics
for licensed Occupational Therapists and Occupational Therapy Assistants,
by adopting the Occupational Therapy Code of Ethics published by the
American Occupational Therapy Association.
CHAPTER 8 - Enforcement
and Disciplinary Procedures
Statutory Authority: 32 MRSA, §§2274(2)
Purpose: This Chapter will describe the procedure by which complaints
and investigations will be handled by the board.
ANTICIPATED SCHEDULE:
Fall 2000
AFFECTED PARTIES: Applicants for licensure, licensees and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 2: Continuing
Professional Education Requirements for Renewal of Licensure in Occupational
Therapy
STATUTORY AUTHORITY: 32 MRSA, §§2274(2) and 2283(3)
PURPOSE: This Chapter will be renamed as Chapter 6, "Renewal Requirements
and Continuing Education." It will outline the requirements for license
renewal and for continuing professional education, establish the hours
of continuing education needed for re-licensure, define the different
categories of continuing education activities which will be accepted,
and explain the approval process.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
02-502
Department of Professional and Financial Regulation, Office of Licensing
& Registration, Board of Complementary Health Care Practitioners
35 State House Station
Augusta, Maine 04333-0035
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
Chapter 6: Standards
Relating to Prescriptive Authorities and Collaborative Relationships
STATUTORY AUTHORITY: 32 MRSA §§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 §12522.
ANTICIPATED SCHEDULE: July, 2001
AFFECTED PARTIES: Licensees and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
CHAPTER 9: Fees
STATUTORY AUTHORITY: 32 MRSA §§12514 AND 12526
PURPOSE: Establish fees at a level that insures the financial integrity
of the Board. The board may repeal existing fee provisions in the event
that OLR establishes fees for this board directly pursuant to 10 MRSA
§8003(2-A)(D).
ANTICIPATED SCHEDULE: July, 2001
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not Expected
AGENCY UMBRELLA-UNIT
NUMBER: 02-514
AGENCY NAME: Department of Professional and Financial Regulation, Office
of Licensing & Registration, Board of Counseling Professionals Licensure
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2000-2001
RULEMAKING ACTIVITY:
CHAPTER 1: General
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the purpose of the Board and various
definitions used in these rules. "Telepractice" may be defined.
ANTICIPATED SCHEDULE: Summer or early fall 2001.
AFFECTED PARTIES: Licensees and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 2: Licensure
Requirements and Examination Procedure
STATUTORY AUTHORITY: 32 MRSA, §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. Wording may be added to clarify
that the affidavit is intended to be "descriptive" rather than "evaluative."
ANTICIPATED SCHEDULE: Summer or early fall 2001.
AFFECTED PARTIES: Applicants for licensure and licensees involved in
supervision.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 3: Registration
Requirements
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the requirements for registration with
the Board of Counseling Professionals Licensure. These may be amended.
ANTICIPATED SCHEDULE: Summer or early fall 2001.
AFFECTED PARTIES: Applicants for registered status.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 4: Conditional
License
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the requirements for conditional licensure
with the Board of Counseling Professionals Licensure.
ANTICIPATED SCHEDULE: Summer or early fall 2001.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 5: Licensure
by Comity
STATUTORY AUTHORITY: 32 MRSA, §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: Summer or early fall 2001.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 6: Application
Procedure
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the procedure to be followed by applicants
for licensure and registration. Provisions may be added pertinent to
the staff review of applications.
ANTICIPATED SCHEDULE: Summer or early fall 2001.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 7: Renewal
of Licensure
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the procedure to be followed for renewal
of licensure.
ANTICIPATED SCHEDULE: Summer or early fall 2001.
AFFECTED PARTIES: Existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 8: Standards
of Practice
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: This Chapter outlines the standards of practice, which include:
1.) the Disclosure Statement, 2.) the Client Bill of Rights, 3.) the
Code of Ethics and 4.) Continuing Education. Provisions relating to
"Telepractice" over the Internet may be introduced.
ANTICIPATED SCHEDULE: Summer or early fall 2001.
AFFECTED PARTIES: Consumers and existing licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 9: Fees
STATUTORY AUTHORITY: 32 MRSA, §13853 (2)
PURPOSE: The Board may repeal existing fee provisions in the event that
OLR establishes fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees and the Board.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
CHAPTER 10: Enforcement
and Disciplinary Procedures
STATUTORY AUTHORITY: 32 MRSA, §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: Summer or early fall 2001.
AFFECTED PARTIES: Applicants for licensure, existing licensees, and
consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.
AGENCY UMBRELLA-UNIT
NUMBER: 02-582
AGENCY NAME: Propane and Natural Gas Board
35 State House Station
Augusta, Maine 04333-0035
Tel: (207) 624-8615
CONTACT PERSON:
Jeffrey Frankel, OLR staff attorney, 624-8615
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA §14804
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying wording
of the law and rules.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 3: Licensure/Registration
Requirements
STATUTORY AUTHORITY: 32 MRSA §14804, §14807, §14808, §14815
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for licensure, registration, permits, and reciprocity for licensure
with other states.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 4: Examination
Requirements
STATUTORY AUTHORITY: 32 MRSA §14804, §14807(5)
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the type
of examinations administered and other specific information pertaining
to the examination.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 5: Installation
Standards
STATUTORY AUTHORITY: 32 MRSA §14804
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by setting forth the
standards for installation of propane and natural gas equipment in the
State of Maine.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 7: Fees
STATUTORY AUTHORITY: 32 MRSA §14813
PURPOSE: The Board may repeal the existing fee provisions in light of
the proposed OLR rule under which OLR would establish fees for this
board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Nothing concrete.
AFFECTED PARTIES: Licensees, OLR and the Board.
CHAPTER 8: Permits
for Aboveground, Underground and Underground Propane and Natural Gas
Storage Facilities and Rooftop Installations
STATUTORY AUTHORITY: 32 MRSA §14804
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by clarifying the requirements
for permitting aboveground and underground propane and natural gas storage
facilities and rooftop installations.
ANTICIPATED SCHEDULE: Prior to July, 2001
AFFECTED PARTIES: Licensees and the general public.
CHAPTER 9: Modification
of Standards
STATUTORY AUTHORITY: 32 MRSA §14804
PURPOSE: The Board intends to review and revise its rules to ensure
clarity and conformity with the enabling statute by allowing the Board
to authorize modifications to installation standards under unusual circumstances.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Licensees and the general public.
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