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State of Maine

02
Department of Professional and Financial Regulation

2000-2001 Regulatory Agenda


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

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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