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10 - Department of Human Services
2001-2002 Regulatory Agenda


10-144
Bureau of Family Independence
     Eligibility
     Division of Support Enforcement and Recovery
Bureau of Health
     Division of Community and Family Health
     Division of Disease Control, Maine Immunization Program
     Division of Family Health
          Childhood Lead Poisoning Prevention Program
          Children with Special Health Needs Program
          Maine WIC Nutrition Program
     Health and Environmental Testing Laboratory
     Office of Health Data and Program Management
     Division of Health Engineering
Bureau of Medical Services
10-146
Office of Data, Research and Vital Statistics
10-148
Bureau of Child and Family Services
10-149
Bureau of Elder and Adult Services
90-429
Water Treatment Plant Operators Board (under the jurisdiction of the Division of Health Engineering, Bureau of Health, Department of Human Services)


UMBRELLA-UNIT NUMBER: 10-144

AGENCY NAME: Bureau of Family Independence

Eligibility

CONTACT PERSON: David Lanman, Manager, Special Projects, 11 State House Station, Augusta, ME 0433-0011. Tel: (207) 287-2637

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER 301 (Food Stamp Certification Manual): None
CHAPTER 323 (Maine General Assistance Policy Manual): None
CHAPTER 331 (Public Assistance Payments Manual): Updating the Federal Poverty Income Guidelines
CHAPTER 332 (Medicaid Eligibility Manual): 2001 Federal Poverty Levels; Healthy Maine Prescriptions; SSI-COLA Increase
CHAPTER 607 (ASPIRE/TANF Program Rules): None
CHAPTER 608 (ASPIRE/JOBS Program - Purchase of Service Contracts): None
CHAPTER 609 (ASPIRE/JET PROGRAM RULES): None

EXPECTED 2001-2002 RULE-MAKING ACTIVITY:

CHAPTER 301: Food Stamp Certification Manual
STATUTORY AUTHORITY: 22 M.R.S.A. 3104
PURPOSE: These Rules establish requirements for eligibility for the Food Stamp program. They will be amended to reflect policy and law changes as well as to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals who receive Food Stamps or apply for Food Stamp benefits.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 323: Maine General Assistance Policy Manual
STATUTORY AUTHORITY: 22 M.R.S.A. 4323
PURPOSE: These rules establish overall requirements for eligibility for the General Assistance program. Rules are further delineated by municipal ordinances. These rules will be amended to reflect policy and law changes as well as to clarify rules already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals who apply for or receive General Assistance benefits.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 331: Public Assistance Payments Manual
STATUTORY AUTHORITY: 22 M.R.S.A. 3741
PURPOSE: These rules establish overall requirements for eligibility for the Temporary Assistance for Needy Families program and other programs administered by the Bureau of Family Independence. They will be amended to reflect policy and law changes as well as to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Families who apply for or receive Temporary Assistance for Needy Families benefits, Parents as Scholars benefits, Alternative Aide Assistance, Emergency Assistance, Refugee Cash Assistance, Transitional Transportation benefits and Child Care benefits.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 332: Medicaid Eligibility Manual
STATUTORY AUTHORITY: 22 M.R.S.A. 3173
PURPOSE: These rules establish requirements for eligibility for Maine's Medicaid, Cub Care, and State Supplement to Supplemental Security Income programs. They will be amended to reflect changes in law and policy and to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals and families applying for or receiving Medicaid, Cub Care or State Supplement benefits.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 607: ASPIRE/TANF Program rules
STATUTORY AUTHORITY: 22 M.R.S.A. 3781-A
PURPOSE: These rules establish requirements for participants in the ASPIRE program who are receiving Temporary Assistance for Needy Families benefits. They will be amended to reflect changes in law and policy and to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals participating in the ASPIRE/TANF program.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 608: ASPIRE/TANF PROGRAM - Purchase of Service Contracts
STATUTORY AUTHORITY: 22 M.R.S.A. 3781-A
PURPOSE: These rules establish the guidelines for contracts purchasing services for ASPIRE participants.
ANTICIPATED SCHEDULE: Year round.
AFFECTED PARTIES: Agencies contracting with the Department of Human Services to provide services to ASPIRE participants.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 609: ASPIRE/JET PROGRAM RULES
STATUTORY AUTHORITY: 22 M.R.S.A. 3104
PURPOSE: These rules establish requirements for participants in the ASPIRE program who are receiving Food Stamp benefits. They will be amended to reflect changes in law and policy and to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals participating in the ASPIRE program who are receiving Food Stamp benefits.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

Division of Support Enforcement and Recovery

CONTACT PERSON: Stephen L. Hussey, Director, Division of Support Enforcement and Recovery, 11 State House Station, Whitten Road, Augusta, ME 04333-0011. Tel: (207) 287-2886.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: Implementation of the new child support table pursuant to the federally mandated quadrennial review of the child support guidelines. Manual was updated to reflect re-codification of family law from Title 19 to Title 19A.

EXPECTED 2001-2002 RULEMAKING ACTIVITY:

CHAPTER 351: Maine Child Support Enforcement Manual
STATUTORY AUTHORITY: 19-A M.R.S.A. 101 et seq.
PURPOSE: These rules implement Federal statutes, regulations and action transmittals of the U.S. Department of Health and Human Services and State statutes and establish rules of practice governing the conduct of adjudicatory proceedings of the Division of Support Enforcement and Recovery. They will be amended to reflect policy and law changes with clarifications as necessary.
ANTICIPATED SCHEDULE: Year round.
AFFECTED PARTIES: Persons who pay or receive support.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


BUREAU OF HEALTH

Division of Community and Family Health

CHAPTER 283: Newborn Screening Program Rules (Updating to include optional tests.)
STATUTORY AUTHORITY: 22 MRSA ( 1532 and 1533
PURPOSE: To clarify responsibilities of hospital administration and staff, physicians, "principal birthing attendants", parents and others with regard to the screening of newborn infants for conditions which if untreated can cause mental retardation or early death. These rules address the timing of newborn blood specimen collection, shipment of specimens, parental refusal of tests, conditions to be screened, optional tests, records to be maintained, responsibilities for follow-up tests when necessary and the storage and use of leftover specimens.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2002.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER: Birth Defects Program Rules
STATUTORY AUTHORITY: Pursuant to 1999 PL 344
PURPOSE: To define reporting requirements, program functions and responsibilities regarding surveillance of birth defects and program services.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2002.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER: Newborn Hearing Program Rules
STATUTORY AUTHORITY: Pursuant to 2000 PL 647
PURPOSE: To define reporting requirements, program functions and responsibilities regarding newborn hearing screening, diagnosis and intervention.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2002.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

Division of Disease Control

Maine Immunization Program

CONTACT PERSON: Lisa Tuttle, Director, Maine Immunization Program, 11 State House Station, Augusta, ME 04333-0011; Tel. (207) 287-3746

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2001-2002 RULEMAKING ACTIVITY:

Chapter 261, Immunization Requirements for School Children (joint with DOE 05-071 Chapter 126)
STATUTORY AUTHORITY: 20-A MRSA 6358
PURPOSE: The purpose for amending this rule, issued jointly by the Commissioner of Education and the Bureau of Health, Department of Human Services, is to add the varicella (chickenpox) vaccine to the required schedule and to change the standards for immunization exemptions in accordance with the governing statutes.
ANTICIPATED SCHEDULE: Provisional adoption is anticipated mid-to-late January, 2002.
AFFECTED PARTIES: State and school health officials, families with school-aged children, public and private health care providers.

Chapter 264, Immunization Requirements for Health-care Workers
STATUTORY AUTHORITY: 22 MRSA 802
PURPOSE: The purpose of this rule is to prescribe the dosage for required immunizations for hospital/health facility personnel, and to define responsibilities, exclusion periods, record keeping and reporting requirements for officials of hospitals and health facilities.
ANTICIPATED SCHEDULE: Adoption is anticipated mid-to-late January, 2002.
AFFECTED PARTIES: Hospital and Health-care Administrators and their employees.

Chapter 274, Immunization Information System (IIS) Rules
STATUTORY AUTHORITY: 22 MRSA 1064
PURPOSE: The Immunization Information system is intended to be a repository for accurate and up to date immunization records for all persons born, residing, or receiving vaccine in the State of Maine. The primary purpose of the system is to collect data related to vaccine administration, and to promote effective and cost efficient prevention of vaccine preventable diseases. Administration of the system shall be performed by the Department's Immunization Program.
ANTICIPATED SCHEDULE: Adoption is anticipated mid-to-late January, 2002.
AFFECTED PARTIES: Immunization Providers and other entities who have a contract or Memorandum of Agreement with the Department to participate in the vaccine distribution system, the Immunization Information System or to provide support services.

Division of Family Health

Childhood Lead Poisoning Prevention Program

Contact Person: MaryAnn Amrich, Program Manager. SHS #11, Key Bank Plaza, 7th floor, Augusta, ME 04333 Telephone: (2070 287-8753

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2002-2002 RULEMAKING ACTIVITY:

CHAPTER 292: Environmental Lead Investigations
STATUTORY AUTHORITY: Title 22 MRSA, Chapter 252
Purpose: These rules regulate how and when environmental lead investigations may be conducted.
ANTICIPATED SCHEDULE: By June 30, 2002
AFFECTED PARTIES: Maine licensed lead inspectors and risk assessors, parents of lead poisoned children, Maine property owners.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

Children with Special Health Needs Program

CONTACT PERSON: Toni G. Wall, Director, Children with Special Health Needs Program, 11 State House Station, Key Bank Plaza 7th Floor, Augusta, ME 04333-0011 Tel: (207) 287-5350

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2001-2002 RULEMAKING ACTIVITY:

CHAPTER 272: Coordinated Care Services for Children with Special Health Needs
STATUTORY AUTHORITY: 22 M.R.S.A. 42 (1); 22 M.R.S.A. 1951; and M.R.S.A. 2001
PURPOSE: To amend the rules which define program functions and responsibilities, in regards to payment of services to children with special health needs.
ANTICIPATED SCHEDULE: Late spring early summer 2002
AFFECTED PARTIES: Children ages birth up to age 18 with special health care needs. Children with special health needs is defined as "children who are disabled or who are suffering from conditions which lead to a disability." Such health conditions necessitate adaptations for daily functioning, prolonged or periodic hospitalizations, long-term care and/or follow-up. Effective treatment typically requires health and other services of a type and amount beyond those required by children generally and beyond basic medical services.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

Maine WIC Nutrition Program

CONTACT PERSON: R. W. Bansmer, Jr., Director, Maine WIC Nutrition Program, 11 State House Station, Augusta, ME 04333-0011 Tel: (207) 287-5342

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2001-2002 RULEMAKING ACTIVITY:

CHAPTER 286: Maine WIC Program Rules
STATUTORY AUTHORITY: 22 MRSA 42 and 1951.
PURPOSE: To amend the Program Rules.
ANTICIPATED SCHEDULE: Late summer or early fall 2002.
AFFECTED PARTIES: Any person/company who currently has or wishes to have a relationship with WIC (e.g., local agency, participant, grocery store vendor).
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

Health and Environmental Testing Laboratory

CHAPTER 265: Maine Drug Testing Laboratory Rules - Amendment concerning specimen collection procedures and specimen tampering.
Pursuant to 1990 PL 832
PURPOSE: to adopt procedural requirements for collection of second specimens in cases of tampering with first specimens, and application of other changes mandated by law, or dictated by current good practice.
Adoption expected by June of 2002
REGULATED PARTIES: Workplace substance of abuse testing programs
BENEFITTED PARTIES: Workers affected by such programs.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment concerning testing for certain analytes without a physician's order.
Pursuant to 1990 PL 665.
PURPOSE: To adopt procedures and regulations to promulgate the legislative provision allowing persons to order certain medical laboratory tests without physician referral.
Adoption expected by June, 2002
REGULATED PARTIES: Independent medical laboratories
BENEFITTED PARTIES: Clients of such labs.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment regulating Maternal serum alpha-fetoprotein testing.
Pursuant to 1989 PL 72
PURPOSE: To adopt provisions regulating the performance of this particularly critical test and to ensure that appropriate programmatic support exists to surround the test process.
Adoption expected by June 30, 2002
REGULATED PARTIES: Medical Laboratories
BENEFITTED PARTIES: Women undergoing maternal alpha-fetoprotein testing.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment regarding fee schedules for licensure of medical laboratories.
Pursuant to 1991 PL 591
PURPOSE: To re-establish fees for licensure of medical laboratories, and to establish new fees for such licensure, in accord with law.
Adoption expected by: Final rules by October 30, 2002, and subsequent dates.
REGULATED PARTIES: Medical laboratories
BENEFITTED PARTIES: State citizens

CHAPTER 256: Maine Medical Laboratory Rules - Amendments to bring Maine rules into compliance with requirements with the Federal Clinical Laboratory Improvement Act of 1988, and other current standards of practice.
Pursuant to 22 MRSA Section 2011 et seq.
PURPOSE: to bring Maine's Medical Laboratory regulation into concurrence with Federal standards
Adoption expected by: June, 2002
REGULATED PARTIES: Medical Laboratories
BENEFITTED PARTIES: State citizens, which benefit from quality in laboratory testing and Medical Laboratories, including Independent, Hospital, Health Screening, and Physician Office

CHAPTER 263: Rules Concerning Certification of Environmental and Drinking Water Testing Laboratories
Pursuant to 1991 PL 499
PURPOSE: To set standards and requirements for certification of Environmental and Drinking Water laboratories, in order to assure that state agencies utilizing data produced by such laboratories are receiving accurate and reliable results, and to protect Maine people by assuring proper performance of such laboratories.
Amendment expected by January 31, 2002 and subsequent dates
REGULATED PARTIES: Environmental and Drinking water labs, and other laboratories.
BENEFITTED PARTIES: State agencies and other users of lab data (i.e. the Drinking Water Program and the Department of Environmental Protection) which benefit from accurate analyses of environmental samples, and laboratories (certified and currently not certified) which do environmental testing for compliance purposes.

CHAPTER 257: Schedule of Charges for Diagnostic Laboratory of the Department of Human Services - Amendment
Pursuant to 22 MRSA 565
PURPOSE: To amend and revise charges as required by budgetary needs and by law.
Adoption expected by: Jan, 15 2002
REGULATED PARTIES: DHS labs
BENEFITTED PARTIES: Programs and citizens served

CHAPTER 270: Rules for Sample Collection and Drug Testing in Suspected Operating Under the Influence Cases
CHAPTER 269: Rules Governing Self Contained Breath Alcohol Testing Equipment
CHAPTER 267: Certification Standards for Persons Conducting Chemical Analysis of Blood and Breath for the Purpose of Determining Blood Alcohol Level
CHAPTER 268: Certification Standards for Persons Drawing Blood for the Purpose of Determining Blood Alcohol Level
(Amendments)
Pursuant to 29 MRSA section 1312 (6).
PURPOSE: To amend the appropriate rules as required by current good practice or as needed to comply with changes in the law.
EXPECTED DATE OF ADOPTION: by June 15, 2002
REGULATED PARTIES: Chemists, Phlebotomists, DRTs, Law enforcement officers using specified equipment.
BENEFITTED PARTIES: Maine citizens, especially those involved either as suspects or victims in OUI situations.

CHAPTER 266: Certification Standards for Persons Conducting Chemical Analysis for the Detection and Identification of Drugs - Amendment
Pursuant to 17-A MRSA section 1112.
PURPOSE: To amend as needed in response to change in practice or change in law.
ADOPTION EXPECTED BY: June 10, 2002
REGULATED PARTIES: Chemists analyzing drugs.
BENEFITTED PARTIES: Suspects in cases of alleged possession of drugs.

CHAPTER 260: Regulations Regarding Rabies Immunization Requirements for Dog Licensure - Amendment
Pursuant to 7 MRSA 3922 (3).
PURPOSE: To amend requirements for protection of the public health, as regards rabies
ADOPTION EXPECTED BY: June 15, 2002
REGULATED PARTIES: Animal (dog) owners
BENEFITTED PARTIES: Maine citizens

CHAPTER 233: Rules Relating to Testing of Private Water Systems for Potentially Hazardous Contaminants - Amendment
Pursuant to 22 MRSA Section 2602-A
PURPOSE: To amend rules for the protection of public health and/or for compliance with current standards of practice and current hazards.
ADOPTION EXPECTED BY: June 15, 2002
REGULATED PARTIES: Health and Environmental Testing Lab, and Maine Citizens
BENEFITTED PARTIES: Maine citizens.

Office of Health Data and Program Management

CONTACT PERSON: N. Warren Bartlett, Dir., Office of Health Data and Program Management, BOH, 157 Capitol Street, State House Station #11, Augusta, ME 04333-0011, (207) 287-3264

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CONSENSUS-BASED RULE DEVELOPMENT: While it is our general practice to involve stakeholders early on in the rulemaking process, we do not have a formal procedure for soliciting input.

EXPECTED 2001-2002 RULEMAKING ACTIVITY:

CHAPTER____: Rules Relating to Human Leukocyte Antigen Screening
STATUTORY AUTHORITY: 22 MRSA, c 250-A
PURPOSE: To establish rules related to the human leukocyte antigen screening fund.
ANTICIPATED SCHEDULE: Adoption is expected no later than June 30, 2002.
AFFECTED PARTIES: Maine citizens.

CHAPTER____: Rules Relating to Medical Information
STATUTORY AUTHORITY: 22 MRSA, c 1, Subchapter II, section 42
PURPOSE: To establish rules relating to the collection, analysis and release of health data.
ANTICIPATED SCHEDULE: Adoption is expected no later than June 30, 2002.
AFFECTED PARTIES: Maine citizens.

Division of Health Engineering

CONTACT PERSON: Clough Toppan, Director, Division of Health Engineering, 10 State House Station, Augusta, ME 04333-0010 Tel: (207) 287-5686

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

EATING & LODGING

CHAPTER 200: State of Maine Food Code
STATUTORY AUTHORITY: 22 MRSA 2491- 2501.
PURPOSE: To amend the Food Code, per the US Food and Drug Administration.
ANTICIPATED SCHEDULE: Late summer or early fall 2002.
AFFECTED PARTIES: Eating and lodging establishments in the State of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 201: Rules Relating Lodging Places
STATUTORY AUTHORITY: 22 MRSA 2491- 2501.
PURPOSE: To amend the lodging rules (formerly the Eating and the Lodging rules were in the same rule. They are now separated due to the implementation of the Food Code).
ANTICIPATED SCHEDULE: Late fall 2001.
AFFECTED PARTIES: Eating and lodging establishments in the State of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 202: Rules Relating to Swimming Pools and Spas
STATUTORY AUTHORITY: 22 MRSA 1631-1635; 2661-2669
PURPOSE: To clarify the definitions of public and private swimming pools.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: Owners/operators of public swimming pools and public spas.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 205: Rules Relating to Campgrounds, Tent and Recreational Vehicle Parks, Wilderness Recreational Parks, Agricultural Fair Campgrounds, and Temporary Campgrounds
STATUTORY AUTHORITY: 22 MRSA 2491-2501
PURPOSE: To clarify definitions of recreational vehicle classification, and the definitions of temporary campground, and agricultural fair campground.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: Public, fairs, event promoters, and owners/operators of campgrounds.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 206: [Proposed] Rules Relating to the Licensing and Enforcement of establishments Licensed by the Eating and Lodging Program
STATUTORY AUTHORITY: 22 MRSA 2491- 2501.
PURPOSE: To consolidate the administrative portion of many rules into one place.
ANTICIPATED SCHEDULE: Winter 2001.
AFFECTED PARTIES: Eating and lodging establishments in the State of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 208: Boys, Girls, Boys and Girls, Day Camps and Primitive and Trip Camping
STATUTORY AUTHORITY: 22 MRSA 2491-2501.
PURPOSE: To clarify specific definitions for similar camps, and bring the rules up to date with staff credentialing and certification requirements.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: Summer youth camps and their staff, children who attend summer youth camps.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 209: Body Piercing Rules
STATUTORY AUTHORITY: 32 MRSA 4321-4329.
PURPOSE: To provide health and safety standards for persons engaged in the practice of body piercing.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: People who practice body piercing and the public.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 210: Rules Relating to Tattooing
STATUTORY AUTHORITY: 32 MRSA 4251
PURPOSE: To amend the provisions for apprenticeships, infected client reporting, and patient historical data collection.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: Public, tattooists
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 211: Micropigmentation Rules
STATUTORY AUTHORITY: 32 MRSA 4311-4317.
PURPOSE: To clarify the definition of electrology, and to provide standards of practice, education, and training for the practice of permanent cosmetics and cosmetic tattooing.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: People who practice micropigmentation and the public.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 214: Mass Gathering Rules
STATUTORY AUTHORITY: 22 MRSA 1601-1602
PURPOSE: To amend the application process for permits, and clarify the method for determining event populations.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: Public, municipalities, and event promoters.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 225: Rules Relating To The Licensing of Suppliers of Compressed Air Used In Self-Contained Breathing Apparatus
STATUTORY AUTHORITY: 22 MRSA 1581 et seq.
PURPOSE: To provide standards for the accurate testing of air and provide for third party testing.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: Dive shops, fire departments, other suppliers of compressed air.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 250: Rules Relating to Smoking in Restaurants
STATUTORY AUTHORITY: 22 MRSA 1579-A
PURPOSE: To upgrade and clarify rules as related to non-smoking areas in restaurants.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: Public, employees, owners/operators of restaurants.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

WASTE WATER & PLUMBING CONTROL

CHAPTER 240: Rules for Appointment and Administration of Local Plumbing Inspectors:
STATUTORY AUTHORITY: 22 MRSA 42
PURPOSE: To establish procedures for the appointment of local plumbing inspectors in regard to eligibility requirements, as well as administration of the permit process and enforcement.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: Persons certified as Local Plumbing Inspectors, or those seeking such certification.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 241: Maine Subsurface Wastewater Disposal System Rules:
STATUTORY AUTHORITY: 22 MRSA 42
PURPOSE: To update and refine the Rules as necessary, and to accommodate suggested changes from the general public. These changes would require an additional public hearing, generally held in February each year.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002
AFFECTED PARTIES: Any person, establishment, and/or institution using on-site wastewater disposal for treatment of sewage. People who practice micropigmentation and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 242: Rules for Conversion of Seasonal Dwelling Units into Year-Round Residences in the Shoreland Zone:
STATUTORY AUTHORITY: 22 MRSA 42
PURPOSE: To establish minimum State requirements for conversion of seasonal residences using onsite subsurface wastewater disposal into year-round to assure environmental sanitation and safety. These Rules are intended to complement municipal planning, zoning, and land use control.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: Anyone wishing to convert a seasonal residence to year-round.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 243: Minimum Lot Size Law Variance Rules:
STATUTORY AUTHORITY: 12 MRSA 4807
PURPOSE: To establish the provisions for approval of subsurface waste water disposal on lots with less than 20,000 square feet and 100 feet of frontage if the lot abuts a water body.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002.
AFFECTED PARTIES: Anyone wishing to create a lot not in conformance with 12 MRSA 4807.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 245: Maine Rules for Site Evaluators of Subsurface Wastewater Disposal Systems:
STATUTORY AUTHORITY: 22 MRSA 42
PURPOSE: To establish standards of professional conduct and practice related to licensing of Site Evaluators. The department will add enforcement procedures to the rules so Site Evaluators will know what is expected as far as departmental investigations, etc.
ANTICIPATED SCHEDULE: Late winter 2001 or early spring 2002
AFFECTED PARTIES: Approximately 330 individuals are licensed to determine soil suitability and practice the act of performing design for subsurface wastewater disposal systems.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

DRINKING WATER

CHAPTER 226: Rules Relating to Cross Connections.
STATUTORY AUTHORITY: 22 MRSA 2611
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to the state cross connection control program.
ANTICIPATED SCHEDULE: Adoption expected not later than December 2002.
AFFECTED PARTIES: All public drinking water systems.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

CHAPTER 228: Rules Relating to Fluoridation of Public Water Systems.
STATUTORY AUTHORITY: 22 MRSA 2611
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to the state cross connection control program.
ANTICIPATED SCHEDULE: Adoption expected not later than December 2002.
AFFECTED PARTIES: All public drinking water systems.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

CHAPTER 230: Rules Relating to Drinking Water State Revolving Loan Fund
STATUTORY AUTHORITY: 22 MRSA (5959 et seq.
PURPOSE: To adopt new federal rules, changes and amendments to existing federal rules to remain current with federally mandated standards regarding the State Revolving Loan Fund.
ANTICIPATED SCHEDULE: Adoption expected not later than Summer 2002.
AFFECTED PARTIES: All public drinking water systems.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

CHAPTER 231: Rules Relating to Drinking Water
STATUTORY AUTHORITY: 22 MRSA 2611 et seq.
PURPOSE: To adopt new federal rules, changes and amendments to existing federal rules to remain current with federally mandated standards. To adopt fee formulas and collection and transfer schedules within Chapter 601 enabling the Drinking Water Program to more effectively administer the Safe Drinking Water Act.
ANTICIPATED SCHEDULE: Adoption expected not later than Spring 2002.
AFFECTED PARTIES: All public drinking water systems.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholder to insure that all parties involved have had the right to state their respective cases.

CHAPTER 232: Rules Relating to Water Well Drilling
STATUTORY AUTHORITY: 22 MRSA 1689-A
PURPOSE: To update and clarify the present rules.
ANTICIPATED SCHEDULE: Adoption expected not later than June 2002.
AFFECTED PARTIES: Well drillers and pump installers registered in the State of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

CHAPTER 233: Test of Private Water Systems for Potentially Hazardous Contaminants
STATUTORY AUTHORITY: 22 MRSA 2602-A
PURPOSE: To update and clarify the present rules.
ANTICIPATED SCHEDULE: Adoption expected not later than June 2002.
AFFECTED PARTIES: DHS and private residential water supplies.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

CHAPTER 235: Rules Relating to Bottled Water, Bulk Water, and Water Vending Machines.
STATUTORY AUTHORITY: 22 MRSA 2611
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to suppliers of bottled water.
ANTICIPATED SCHEDULE: Adoption expected not later than June 2002.
AFFECTED PARTIES: Bottled water suppliers, water haulers and vendors.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

RADIATION

CHAPTER 220: Rules Relating To Radiation Protection
STATUTORY AUTHORITY: 22 MRSA 674
PURPOSE: To incorporate federal rules required under agreement with the U.S. Nuclear Regulatory Commission to regulate radioactive materials and revise definitions. To adopt new regulations for technologically enhanced naturally occurring radioactive materials.
ANTICIPATED SCHEDULE: Late 2001 to early 2002
AFFECTED PARTIES: will be outlined under each separate part.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

Part A, General Provisions
PURPOSE: To add definitions necessary to maintain compatibility with federal regulations
AFFECTED PARTIES: All users of radioactive material.

Part C, Licensing of Radioactive Material
PURPOSE: Changes to maintain federal compatibility
AFFECTED PARTIES: All users of radioactive material.

Part D, Standards for Protection Against Radiation
PURPOSE: To add new requirements regarding irradiators (with Part C), respiratory protection, low-level waste and amend definitions
AFFECTED PARTIES: All users of radioactive material.

Part E, Radiation Safety Requirements for Industrial Radiographic Operations.
PURPOSE: Changes to maintain compatibility with the Federal regulations for radioactive materials and with the national suggested state regulations for x-ray use in industrial radiography.
AFFECTED PARTIES: All Industrial radiography licensees.

Part F, X-rays in the Healing Arts
PURPOSE: To delete sections that deal specifically with therapy uses of x-ray equipment. These requirements will be moved to the new Part X to be clearer and more consistent with national regulations.
AFFECTED PARTIES: All facilities using X-ray radiation therapy equipment.

Part G, Use of Radionuclides in the Healing Arts
PURPOSE: Revise existing rule to incorporate federal rule requirements for preparation and transfer of byproduct (radioactive fission product) material and administration of radiation and/or radioactive material
AFFECTED PARTIES: All medical users of radioactive material.

Part N, "Technologically Enhanced Naturally Occurring Radioactive Materials"
PURPOSE: Adopt this new section to update our rules to the new national suggested state regulations.
AFFECTED PARTIES: All users of radioactive material. This will include those who are concentrating naturally occurring radioactive materials from oil and natural gas drilling, refining, and piping operations as well as operations that will concentrate radioactive materials in ground water.

Part X, Therapeutic Radiation Machines
PURPOSE: To put all therapeutic uses of radiation machines into a separate section. To also adopt regulations that will bring the Maine requirements in compatibility with the national suggested state radiation regulations.
AFFECTED PARTIES: All medical licensees that have therapeutic uses.

CHAPTER 223: Rules Relating to Tanning Facilities
STATUTORY AUTHORITY: 22 MRSA 674
PURPOSE: To update regulations originally adopted in 1991 to respond to requests and changes in the industry. Specifically to respond to a petition by one individual to prohibit unlimited tanning.
ANTICIPATED SCHEDULE: Late 2001 to early 2002
AFFECTED PARTIES: Tanning facility owners.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 224: Air and Water Radon Service Provider Registration Rules
STATUTORY AUTHORITY: 22 MRSA 781
PURPOSE: To modify registration requirements for individuals/companies providing radon testing/mitigation services in Maine.
ANTICIPATED SCHEDULE: Late 2001 to early 2002
AFFECTED PARTIES: Radon Service Providers and the general public which contract such services.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings


AGENCY NAME: Bureau of Medical Services

CONTACT PERSON: Marianne Ringel, Director, Policy and Program Division, 11 State House Station, Augusta, ME 03333-0011, Tel. (207) 624-5518

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: Ch. 101, Maine Medical Assistance Manual, Chapter III Sections 96 and 97, Chapter II Sections 80 and 97, Chapter IX, Sections I and II; and Repeal of Chapter 106 Maine Drugs for the Elderly Program.

EXPECTED 2001-2002 RULEMAKING ACTIVITY:

CHAPTER 101, MAINE MEDICAL ASSISTANCE MANUAL: Chapters I, II, III, IV, V, VI, VII, VIII, IX and relevant Principles of Reimbursement
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PURPOSE: These rules describe requirements for the provision and reimbursement of services under the Medicaid program. It also describes certain administrative functions necessary for the operation of the Medicaid Program. They will be amended to comply with federal changes, to update policy and to implement new services and regulations, as necessary.
ANTICIPATED SCHEDULE: It is not possible to predict when all of the changes will be made to these regulations because of the nature of this work. Federal regulation changes, state legislation, and state-initiated changes as a result of identified problems require the timely amendment or adoption of new rules over the course of the year.
AFFECTED PARTIES: Medicaid clients, Medicaid providers, and Managed Care Organizations

CHAPTER 109, QUALITY OVERSIGHT FOR COMMERCIAL HEALTH MAINTENANCE ORGANIZATIONS (HMOs)
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 24-A Chapter 56
PURPOSE: These rules describe the requirements for monitoring the provision of services by HMOs to ensure their quality.
ANTICIPATED SCHEDULE: It is not possible to predict when all of the changes will be made to these regulations because of the nature of this work. Federal regulation changes, state legislation, and state-initiated changes as a result of identified problems require the timely amendment or adoption of new rules over the course of the year.
AFFECTED PARTIES: HMO providers, enrollees and HMOs

CHAPTER 112, REGULATIONS FOR THE LICENSURE OF GENERAL AND SPECIALTY HOSPITALS IN THE STATE OF MAINE
STATUTORY AUTHORITY: 22 MRSA, Chapter 1, Sec. 3, 5, 6, 42, 1708, 1711, 1715, 1811-1818, 1820-3, 1829, 1831.
PURPOSE: These rules govern the licensing and functioning of Hospitals.
ANTICIPATED SCHEDULE: Chapter VI, The Governing Board, will be revised in the next calendar year to reflect new statutory requirements for visiting hours, as well as current standards of practice. Federal regulation changes, State legislation and State-initiated changes as a result of identified problems, require the timely amendment of adoption of new rules over the course of the year.
AFFECTED PARTIES: Hospital providers and consumers/patients.

CHAPTER 119, REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF HOME HEALTH CARE SERVICES
STATUTORY AUTHORITY: 22 MRSA, Chapter 2141 et. seq.
PURPOSE: These regulations govern the licensing of home health care services in the State of Maine. These regulations will be amended to comply with Federal changes, statutory changes, and will reflect current health care standards of practices, as needed.
ANTICIPATED SCHEDULE: Within the next calendar year, Chapter 7, Services, will be revised to reflect a change in patient rights by requiring that Long Term Care Ombudsman Program information be provided to the patient/client.
AFFECTED PARTIES: Home health care services, consumers, and managed care organizations.

CHAPTER 120, REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS
STATUTORY AUTHORITY: 22 MRSA, Chapter 1681, Sections 8621-8631
PURPOSE: These regulations govern the licensing of hospice programs in the State of Maine. These regulations will be amended to comply with Federal changes, statutory changes, and will reflect current health care standards of practices, as needed.
ANTICIPATED SCHEDULE: It is not possible to predict when all of the changes will be made to these regulations because of the nature of this work. Federal regulation changes, state legislation, and state-initiated changes as a result of identified problems require the timely amendment or adoption of new rules over the course of the year.
AFFECTED PARTIES: Hospice providers and consumers

CHAPTER 125, REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF AMBULATORY SURGICAL CENTERS
STATUTORY AUTHORITY: 22 M.R.S.A. Section 1812
PURPOSE: These regulations govern the licensing of ambulatory surgical centers in the State of Maine. These regulations will be amended to comply with Federal changes, statutory changes, and will reflect current health care standards of practices, as needed.
ANTICIPATED SCHEDULE: It is not possible to predict when all of the changes will be made to these regulations because of the nature of this work. Federal regulation changes, state legislation, and state-initiated changes as a result of identified problems require the timely amendment or adoption of new rules over the course of the year.
AFFECTED PARTIES: Ambulatory Surgical centers and consumers

CHAPTER 125, REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF END STAGE RENAL DISEASE UNITS/FACILITIES
STATUTORY AUTHORITY: 22 M.R.S.A. Chapter 412, Sections 2041 and 2042
PURPOSE: These regulations govern the licensing of End Stage Renal Disease Units/Facilities in the State of Maine. These regulations will be amended to comply with Federal changes, statutory changes, and will reflect current health care standards of practices, as needed.
ANTICIPATED SCHEDULE: It is not possible to predict when all of the changes will be made to these regulations because of the nature of this work. Federal regulation changes, state legislation, and state-initiated changes as a result of identified problems require the timely amendment or adoption of new rules over the course of the year.
AFFECTED PARTIES: ESRD facilities and consumers

CHAPTER 110, REGULATIONS FOR THE LICENSING AND FUNCTIONING OF SKILLED NURSING FACILITIES AND NURSING FACILITIES
STATUTORY AUTHORITY: Title 1, Chapter 13, Section 401, 402, 407, 408; Title 22, Chapter 1, Section 3,6,42,47; Chapter 405, Sections 1811-1818, 1820, 1822, 1824-1830; Chapter 958-A, Sections 3477-3479; Chapter 1666, Sections 7921-7925; Chapter 1666A, Sections 7931-7938; Chapter 1666B, Sections 7941-7949; Chapter 1678, Sections 8551-8552; Title 32, Chapter 2, Sections 61, 7905; Title 5, Chapter 375, Subchapter 11-A, Section 1;22 MRSA 802, sub 4 Section 2;22 MRSA 802, sub 5; Title 22, 7944.
PURPOSE: These rules govern the licensing and functioning of nursing homes.
ANTICIPATED SCHEDULE: Within the next calendar year, Chapter XVII, Pharmaceutical Services will be amended to revise the destruction requirements of controlled substances. Nursing facilities are currently storing an increasing number of controlled substances waiting for destruction by a pharmacist.
AFFECTED PARTIES: Nursing homes, pharmacists and consumers/residents.

CHAPTER ?
STATUTORY AUTHORITY: 22 M.R.S.A. Chapter 3174
PURPOSE: These rules will govern the operation of Maine's drug rebate program for Cub Care eligible children. They will be adopted and amended to conform to State legislation or to implement State-initiated changes to correct problems identified through monitoring of the program.
ANTICIPATED SCHEDULE: It is not possible to predict when changes will be made to the above regulations because of the nature of this policy. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Children eligible for Cub Care as well as pharmacies

CHAPTER 130, MAINE Rx PROGRAM
STATUTORY AUTHORITY: 22 M.R.S.A. Chapter 603
PURPOSE: These rules govern the operation of Maine's State-run drug cost containment program. They will be adopted and amended to conform to State legislation or to implement State-initiated changes to correct problems identified through monitoring of the program.
ANTICIPATED SCHEDULE: It is not possible to predict when changes will be made to the above regulations because of the nature of this policy and current court action. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Uninsured Maine residents as well as pharmacies.

CHAPTER 107, MAINE EYE CARE PROGRAM
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PURPOSE: These rules govern the operation of Maine's State-funded Eye Care Program. They will be amended to reflect administrative changes found necessary through monitoring of this program.
ANTICIPATED SCHEDULE: It is not possible to predict when changes will be made to the above regulations because of the nature of this policy. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Children and Adults not eligible for Medicaid for whom the State would reimburse certain eye care services as well as the providers of these services

CHAPTER 101, MAINE MEDICAL ASSISTANCE MANUAL: CHAPTER VIII, CUB CARE
STATUTORY AUTHORITY: P.L. 99 Chapter 777
PURPOSE: These rules establish the Children's Health Insurance Program. They will be amended to reflect federal changes or administrative changes found necessary through monitoring this program in accordance with State statute.
ANTICIPATED SCHEDULE: It is not possible to predict when changes will be made to the above regulations because of the nature of this policy. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Children under the age of 19 found eligible for this program.

CHAPTER 150, HOSPITAL FINANCE RULES
STATUTORY AUTHORITY:
PURPOSE: These rules govern hospital charity care and the critical access hospital program.
ANTICIPATED SCHEDULE: Update of federal poverty levels and removal of the severely affected hospital program. It is not possible to predict when additional changes will be made to the above regulations because of the nature of this policy. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Hospitals and those needing charity care.


UMBRELLA-UNIT NUMBER: 10-146

AGENCY NAME: Office of Data, Research and Vital Statistics

CONTACT PERSON: N. Warren Bartlett, Director, Office of Health Data and Program Management, 11 State House Station, Augusta, ME 04333-0011
Tel: (207) 287-3264

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CONSENSUS-BASED RULE DEVELOPMENT: While it is our general practice to involve stakeholders early on in the rulemaking process, we do not have a formal procedure for soliciting input.

EXPECTED 2001-2002 RULEMAKING ACTIVITY:

CHAPTER 1: Rule on Transportation, Storage, and Final Disposition of Dead Bodies - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2843-2846; 32 MRSA 1405
PURPOSE: This rule establishes procedures for transport and burial of human remains. Automation of part of the registration process requires some changes in procedure.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2002.
AFFECTED PARTIES: Funeral directors, crematoria operators, authorized persons, surviving family members and descendants, hospitals, physicians and medical examiners.

CHAPTER 2: Rule on Amendment of Vital Records - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2705, 2764, 2765
PURPOSE: This rule establishes policies and procedures for correcting, completing, or otherwise amending records of birth, death, fetal death and marriage. The rule must be amended to handle situations not addressed adequately in the present rule.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2002.
AFFECTED PARTIES: Individual registrants, immediate families and descendants.

CHAPTER 3: Rule on Evidence of Legitimation - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2765
PURPOSE: This rule prescribes the evidence required for a birth to be legitimated and sets forth procedures to be followed.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2002.
AFFECTED PARTIES: Individual registrants and their parents.

CHAPTER 4: Rule on Public Access to Vital Records - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2706; 1 MRSA 402(3) and 408
PURPOSE: Revisions are needed to clarify certain provisions and to bring the rule into conformance with more recent statutes and regulations. Changes in record storage and archiving, including electronic methods, may require changes in the rule.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2002.
AFFECTED PARTIES: General public, genealogists, health, medical and social research studies, municipal clerks, Maine State Archives.

CHAPTER 5: Rule on Medical Certification of Cause of Death
STATUTORY AUTHORITY: 22 MRSA 2701, 2842, 2843-2847, 3025, 3026;
32 MRSA 1404, 1404-a, 1405
PURPOSE: This rule establishes procedures and timeframes for the medical certification of a death. The respective roles and responsibilities of the certifying physician, medical examiner, funeral director and authorized person are specified.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2002.
AFFECTED PARTIES: Surviving family members and descendants, hospitals, physicians and medical examiners, funeral directors, crematoria operators and authorized persons.

CHAPTER 6: Rule on Marriage License and Registration - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2801, 2802; 19 MRSA 61, 62, 63, 121; 19 MRSA Ch. 694
PURPOSE: This rule establishes procedures for the registration of marriages performed in Maine, including filing intentions, issuing licenses and registering certificates. Automation of part of the registration process requires some changes in procedure.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2002.
AFFECTED PARTIES: Brides and grooms, municipal clerks, persons solemnizing marriages.

CHAPTER 7: Rule on Vital Records Fees - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701
PURPOSE: This rule sets the fees to be charged by the Office of Vital Statistics for certified copies of vital records and other services provided by the Office. Changes in services provided require adjustment of fees.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2002.
AFFECTED PARTIES: Persons requesting certified copies of vital records and other services provided by the office of Vital Statistics, e.g., legitimation, adoption, acknowledgement of paternity, delayed registration of birth or death, legal name changes, etc.

CHAPTER 8: Rule on Release of Restricted Vital Statistics Data - Amendment
STATUTORY AUTHORITY: 22 MRSA 1596, 2706; 1 MRSA 402(3) and 408
PURPOSE: This rule establishes procedures and policies for the release of restricted vital statistics data, i.e., data contained on vital records of birth, death, fetal death, miscarriage, induced abortion, and marriage which include personal identifiers such as name and street address or confidential data on legitimacy status, cause of death, medical and demographic information, etc. Automation of part of the registration process requires some changes in procedure.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2002.
AFFECTED PARTIES: Individual registrants, immediate family and descendants, and their legal representatives; genealogists; federal, state or municipal agencies of government; health, medical and social research studies.

CHAPTER 9: Rule on Delayed Birth Registration - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2764
PURPOSE: This rule prescribes the evidence required for establishing a delayed registration of birth and sets forth the procedures to be followed. Clarification of some items is needed.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2002.
AFFECTED PARTIES: Individual registrants, immediate family and descendants.

CHAPTER 10: Rule on Birth Registration - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2701-A, 2702, 2702-A and 2761
PURPOSE: This rule establishes time frames and procedures for the electronic registration of births by hospitals and assigns responsibility for registering births which occur outside an institution. It requires that each hospital provide an opportunity for all unmarried parents to complete a voluntary acknowledgment of paternity. It specifies the time frames and procedures for municipal clerks to transmit copies of birth records to the town of the mother's residence, if different, and to the state registrar of vital statistics. Minor revisions are needed to further clarify some of its provisions.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2002.
AFFECTED PARTIES: Individual registrants and families; hospitals; municipal clerks; persons requesting certified copies of vital records; Office of Data, Research and Vital Statistics.

CHAPTER 11: Rule on Vital Statistics Administration - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701
PURPOSE: This proposed rule establishes time frames, standards and procedures for preparing birth, death and marriage certificates, filing and registering them, preparing certified copies, and preserving and disposing of such records. It authorizes electronic reporting and the use of electronic media for the preservation and storage of vital records. It provides several safeguards to protect against the use of fraudulent records and/or the fraudulent use of vital records. Revisions are needed to clarify some of its provisions.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2002.
AFFECTED PARTIES: Individual registrants, immediate family and descendants; funeral directors; hospitals, physicians, and medical examiners; municipal clerks; persons requesting certified copies of vital records; Office of Data, Research and Vital Statistics; state and federal government.


UMBRELLA-UNIT NUMBER: 10-148

AGENCY NAME: Bureau of Child and Family Services

Amendment filed October 11, 2001:

CONTACT PERSON: Diane Towle, Director, Bureau Operations, State House Station 11, Augusta, Maine 04333 Tel. 287-5060

EXPECTED RULE-MAKING ACTIVITY:

CHAPTER 1661: Subtitle 6. Facilities for Children and Adults
STATUTORY AUTHORITY: 22 M.R.S.A. 8102
PURPOSE: These rules describe the procedures and requirements for the licensing of Family Foster Homes and Specialized Children's Foster Homes for children less than 18 years of age. The rules are designed to protect the health, safety, well-being and development of the children who are placed in Family Foster Homes and Specialized Children's Foster Homes. For those children who by virtue of their special needs having mental, physical and emotional problems, that require specialized care, supervision, training and/or therapy the rules outline the additional requirements and differences necessary to be issued a license for a Specialized Children's Foster Home.
ANTICIPATED SCHEDULE: Mid to late summer.
AFFECTED PARTIES: Licensed foster parents, individuals seeking to become a licensed foster parent and child placing agencies with a therapeutic foster care component.
end of amendment

Community Services Center

CONTACT PERSON: Sue Harlor, Director, 11 State House Station, Augusta, ME 04333, Tel (207) 281-5060.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2001-02 RULE-MAKING ACTIVITY:

CHAPTER 5: Purchase of Service Policy Manual
STATUTORY AUTHORITY: 22 MRSA 12, 5308- 5310, and 6-C
PURPOSE: These rules regulate the social services purchased through contractual agreements from community agencies. These rules were originally promulgated in 1986. The changes to Sections I through IV will reflect policy and law changes.
ANTICIPATED SCHEDULE: July 2002
AFFECTED PARTIES: Community based agencies contracting with the Department of Human Services, Community Services Center and service recipients.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 32: Rules for the Licensing of Children's Day Care Facilities
STATUTORY AUTHORITY: 22 MRSA 8302-A, 8303-A
PURPOSE: These rules establish licensing requirements for children's day care facilities. They will be updated to reflect policy changes and consolidate rules for child day care facilities and nursery schools (Chapter 36) into one comprehensive set of rules.
ANTICIPATED SCHEDULE: January 2002
AFFECTED PARTIES: All persons under these rules will be affected by the change. These programs exist statewide and all future applicants for licensure will be affected.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 36: Nursery Schools
STATUTORY AUTHORITY: 22 MRSA 1675
PURPOSE: These rules establish licensing requirements for nursery schools. They will be updated to reflect policy changes and to consolidate rules for child day care facilities (Chapter 32) and nursery schools into one comprehensive set of rules.
ANTICIPATED SCHEDULE: January 2002
AFFECTED PARTIES: All persons under these rules will be affected by the change. These programs exist statewide and all future applicants for licensure will be affected.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 19: Rules for the Licensing of Child Placing Agencies with and without Adoption Programs
STATUTORY AUTHORITY: 22 MRSA 8202
PURPOSE: These rules establish licensing requirements for child placing agencies. They will be updated to reflect policy changes around the home certification process.
ANTICIPATED SCHEDULE: January 2002
AFFECTED PARTIES: All parties under these rules will be affected by the change.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 18: Rules for the Licensure of Residential Child Care Facilities
STATUTORY AUTHORITY: 22 MRSA 8202
PURPOSE: These rules establish licensing requirements for residential child care facilities. They will be update to reflect policy changes and will be consolidated into one set of comprehensive rules which incorporate requirements for residential child care facilities, alcohol and drug treatment programs, mental health agencies, emergency shelters for children, and shelters for homeless children.
ANTICIPATED SCHEDULE: January 2002
AFFECTED PARTIES: All parties under these rules will be affected by the change.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 9: Rules for the Licensing of Emergency Shelters for Children
STATUTORY AUTHORITY: 22 MRSA 7701, 8101
PURPOSE: These rules establish licensing requirements for emergency shelters for children. They will be update to reflect policy changes and will be consolidated into one set of comprehensive rules which incorporate requirements for residential child care facilities, alcohol and drug treatment programs, mental health agencies, emergency shelters for children, and shelters for homeless children.
ANTICIPATED SCHEDULE: January 2002
AFFECTED PARTIES: All parties under these rules will be affected by the change.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 8: Rules for the Licensure of Shelters for Homeless Children
STATUTORY AUTHORITY: 22 MRSA 7701, 8102
PURPOSE: These rules establish licensing requirements for shelters for homeless children. They will be update to reflect policy changes and will be consolidated into one set of comprehensive rules which incorporate requirements for residential child care facilities, alcohol and drug treatment programs, mental health agencies, emergency shelters for children, and shelters for homeless children.
ANTICIPATED SCHEDULE: January 2002
AFFECTED PARTIES: All parties under these rules will be affected by the change.
CONSENSUS-BASED RULE DEVELOPMENT: No


UMBRELLA-UNIT NUMBER: 10-149

AGENCY NAME: Bureau of Elder and Adult Services (BEAS)

CONTACT PERSON: Betty Forsythe, Assistant to the Director, #11 State House Station, Augusta, ME 04333-0011. Tel: (207) 624-5335

EMERGENCY RULES ADOPTED SINCE THE LAST AGENDA: None

EXPECTED OCTOBER 1, 2001 to OCTOBER 1, 2002 RULE-MAKING ACTIVITY:

CHAPTER 5: BEAS Policy Manual:
BEAS will amend Section 61 - Adult Day Services, Section 62 - Congregate Housing Services, Section 63 - In-home and Community Support Services for Elderly and Other Adults, Section 68 - Respite Care for People with Alzheimer's or Related Disorders, Section 69 - BEAS Administered Homemaker Services, Section 73 - Personal Care Assistance for Severely Disabled Adults and Section 74 - Assisted Living Services Programs to conform the rules with waivers of rules made pursuant to Section 40.09 of the manual after final adoption in January 2, 2001 and in Sections 63, 73 and 74 to comply with legislative directives. It will also amend Section 71 - Certificate of Need regarding the standards for project approval and to conform the rules with waivers made pursuant to Section 40.09 of the manual. Chapter 5 will also be amended to reflect other policy and statutory changes.
CHAPTER 113: Pursuant to action taken by the First Regular Session of the 120th Legislature, Assisted Living Licensing will be transferred from the Bureau of Medical Services to the Bureau of Elder and Adult Services.
CHAPTER 117: Pursuant to action taken by the First Regular Session of the 120th Legislature, Adult Day Care Licensing will be transferred from the Bureau of Medical Services to the Bureau of Elder and Adult Services.
CHAPTER 121: Pursuant to action taken by the First Regular Session of the 120th Legislature, Adult Family Care Home Licensing will be transferred from the Bureau of Medical Services to the Bureau of Elder and Adult Services.
STATUTORY AUTHORITY:
Public Law 89-73, Older Americans Act of 1965 as amended
Title 45 CFR: Parts 16, 74, 80, 84, 90, 100 and 1321
Title V, CFR: Part 900, subpart F
Title 22 MRSA:
* Sec. 312 et seq. - Certificate of Need
* Sec. 1812-C, 1812-G - Licensing of Nursing Homes
* Sec. 2053 - Health Facilities Authority
* Sec. 3470 et seq. - Adult Protective Services
* Sec. 5106 et seq. - BEAS Powers and Duties
* Sec. 6108 et seq. - Priority Social Services
* Sec. 6201 et seq. - Adult Day Care
* Sec. 7301 et seq. - In-Home and Community Support Services for Adults with Long-term Care Needs
* Sec. 7341 et seq. - Personal Care Assistance Services for Severely Physically Disabled Adults
* Sec. 7801 - 7804 - Licenses
* Sec. 7901 - A, B, C, 7902 - A, 7903, 7904 - A, B - Assisted Living Programs
* Sec. 7915 et seq.- Congregate Housing Services
* Sec. 8601 - 8605 - Adult Day Care
Title 24-A MRSA:
* Sec. 6214 et seq.- Continuing Care Retirement Communities
Title 32 MRSA
* Sec. 2102 - Nurses and Nursing
PURPOSE: These rules regulate the functioning of the Bureau of Elder and Adult Services as the designated State Agency responsible, under the direction of the Commissioner of the Department of Human Services, for the overall planning, policy, coordination and implementation of all functions and activities conducted or supported which related to Maine's aging population and incapacitated and dependent adults. BEAS also administers the long-term care program for severely disabled adults. Rules are amended to reflect policy and statutory changes.
ANTICIPATED SCHEDULE: It is not possible to predict the timetable for making the changes over the course of the period covered by this agenda since some will be dependent upon Federal law and regulation changes and State legislation and State initiated changes required to remedy identified problems.
AFFECTED PARTIES: Entities with which BEAS has entered into agreement to carry out activities/programs relating to Maine's aging population and incapacitated and dependent adults and the individuals who participate in the activities/programs or are recipients of services.

CHAPTER 3: BEAS Fiscal Policy Manual
STATUTORY AUTHORITY:
* Public Law 89-73, Older Americans Act of 1965 as amended
* Title 45 CFR: Parts 16, 74, 80, 81, 84, 90, 100 and 1321
* Title V, CFR: Part 900, subpart F
* Title 22 MRSA, Sec. 5106 et seq. - BEAS Powers and Duties
PURPOSE: These rules give the Bureau of Elder and Adult Services the authority to seek, accept and disburse Federal, State and private funds and to enter into funding agreements necessary to further its activities. They will be amended to bring them up to date and to eliminate requirements already specified by MAAP.
ANTICIPATED SCHEDULE: Demands on fiscal staff to meeting on-going deadlines and responsibilities make it difficult to predict when this will be done. In the meantime BEAS follows all requirements specified by MAAP.
AFFECTED PARTIES: Entities with which BEAS has entered into agreements to carry out activities relating to Maine's aging population and incapacitated and dependent adults.


UMBRELLA-UNIT NUMBER: 90-429

AGENCY NAME: Water Treatment Plant Operators Board (under the jurisdiction of the Division of Health Engineering, Bureau of Health, Department of Human Services)

CONTACT PERSON: Roger Currier, Division of Health Engineering, 10 State House Station, Augusta, ME 04333-0010 Tel: (207) 287-5719

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2001-2002 RULEMAKING ACTIVITY:

CHAPTER 1: Rules Relating to Licensure of Water Treatment and Distribution Operators of Public Water Systems.
STATUTORY AUTHORITY: 22 MRSA 2623
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to the licensing of operators of public water systems.
ANTICIPATED SCHEDULE: Adoption expected not later than December 2002.
AFFECTED PARTIES: All public drinking water systems.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

 


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