Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Agendas > 2005-2006 > Part of Department of Health and Human Services

2005-2006 Regulatory Agendas

10
Part of Department of Health and Human Services
(see also 14)


144: Maine Center for Disease Control
144: Division of Purchased Services
144: Office of Audit - MaineCare & Social Services
144: Office of MaineCare Services
144: Office of Integrated Access and Support
144: Division of Environmental Health
148: Office of Child and Family Services
149: Office of Elder and Adult Services
90-429: Water Treatment Plant Operators Board


CDC amendment received July 6, 2006
AGENCY UMBRELLA - UNIT NUMBER: 10-144
AGENCY NAME: Maine Center for Disease Control (Maine CDC)

CONTACT PERSON: Celeste Philippon, MS, RN, 11 State House Station, Key Plaza, 4th Floor Augusta, ME 04333. Tel (207) 287-3994.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: Chapter 707, Rules Relating to the National Breast and Cervical Cancer Early Detection Program (NBCCEDP) in Maine

EXPECTED 2005-2006 RULE-MAKING ACTIVITY:

CHAPTER 708: Rules Relating to Breast and Cervical Cancer Prevention and Treatment Act (BCCPTA) in Maine
STATUTORY AUTHORITY: PL 106-354, LD 0243, §§ 1-2
PURPOSE OF THE RULE: These rules are created to implement the requirements of the Breast and Cervical Cancer Prevention and Treatment Act, which expand MaineCare full benefits to certain eligible women who are diagnosed with breast or cervical cancer or a pre-cancerous condition. These rules are necessary to process enrollment applications received by the MBCHP and to establish protocol in determining eligibility to the treatment act program
SCHEDULE FOR ADOPTION: August, 2006
AFFECTED PARTIES: Participants/clients, women of MBCHP who have been diagnosed with breast or cervical cancer, or pre-cancerous lesions.


CDC amendment received June 13, 2006
AGENCY UMBRELLA - UNIT NUMBER: 10-144
AGENCY NAME: Maine Center for Disease Control (Maine CDC)

CONTACT PERSON: Natalie Jackson, 11 State House Station, Key Plaza, 4th Floor Augusta, ME 04333. Tel (207) 287-6027.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2005-2006 RULE-MAKING ACTIVITY:

CHAPTER 249: Rules Relating to Smoking in Public Places
STATUTORY AUTHORITY: 22 M.R.S.A §3 & &42,22 M.S.R.A. §1541
PURPOSE OF THE RULE: The proposed Rule replaces current Rules adopted in 2003 to conform to recently adopted legislation including smoking in Off Track Betting facilities. Enclosed areas are also defined to conform to the statute.
SCHEDULE FOR ADOPTION: July, 2006
AFFECTED PARTIES: Restaurant Assoc., Merchant Assoc., Bowling Alley Assoc., ALA Maine, AHA and Maine Coalition on Smoking OR Health

CHAPTER 250: Rules Relating to Smoking in Work Places
STATUTORY AUTHORITY: 22 M.R.S.A §1580
PURPOSE OF THE RULE: The proposed Rule replaces the current Rule adopted in 1990 and makes changes pertaining to several legislative changes recently adopted. Section 8 will be Major Substantive Rules on smoking in private clubs required by PL 2005 ch. 581 (effective September 1,2006). These Rules clarify the requirements for implementation of smoke free workplaces.
SCHEDULE FOR ADOPTION: July, 2006
AFFECTED PARTIES: Maine Elks, Veteran's Service Organizations, Maine Eagles Restaurant Assoc., Merchant Assoc., Bowling Alley Assoc., ALA Maine, AHA and Maine Coalition on Smoking OR Health



AGENCY UMBRELLA - UNIT NUMBER: 10-144
AGENCY NAME: Division of Purchased Services

CONTACT PERSON: Marie Hodgdon, Director, Division of Purchased Services, 11 State House Station, Marquardt Bldg., East Side Campus, Augusta, ME 04333. Tel (207) 287-5060.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2005-2006 RULE-MAKING ACTIVITY:

CHAPTER 24: Purchase of Service Rule
STATUTORY OR OTHER BASIS: 22 M.R.S.A. §12 & 42; 22-A M.R.SA §203(4) and §205(2)
PURPOSE OF THE RULE: This rule establishes the Department's policies governing its purchase of services of the merged Department of Health and Human Services and repeals/replaces the appropriate rules from the former Departments of Human Services and Behavioral and Developmental Services.
SCHEDULE FOR ADOPTION: July, 2006
AFFECTED PARTIES: Community based agencies that contract with the Department of Health and Human Services.
CONSENSUS-BASED RULE DEVELOPMENT: No



Amendment filed April 6, 2006 (Ch. 30 only):
AGENCY UMBRELLA - UNIT NUMBER: 10-144
AGENCY NAME: Office of Audit – MaineCare & Social Services

CONTACT PERSON: Matthew Halloran, Auditor III, 442 Civic Center Drive, #11 State House Station, Augusta, Maine 04333. Telephone: (207)287-2403. E-mail: Matthew.Halloran@Maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2005-2006 RULE-MAKING ACTIVITY:

CHAPTER 30: Maine Uniform Accounting and Auditing Practices for Community Agencies
STATUTORY OR OTHER BASIS: 5 M.R.S.A. §§ 1660-H – 1660-I
PURPOSE OF THE RULE: The regulations establish accounting, audit and administrative requirements for Community Agencies receiving financial assistance in the form of agreements from the Department.
SCHEDULE FOR ADOPTION: July 1, 2006
AFFECTED PARTIES: Community Agencies receiving financial assistance from the Department.



AGENCY UMBRELLA-UNIT NUMBER: 10-144
AGENCY NAME: Office of MaineCare Services (formerly Bureau of Medical Services)

CONTACT PERSON: Patricia Dushuttle, Assistant Director- Policy, Division of Policy and Provider Services, Office of MaineCare Services, 11 State House Station, Augusta, ME 03333-0011. Tel. (207) 287-9362

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER 101: MaineCare Benefits Manual: Ch. III Section 97, Private Non-Medical Institution Services

CHAPTER 115: Principles of Reimbursement for Room and Board, Medical and Remedial Principles

CONSENSUS BASED RULE-MAKING: None

EXPECTED RULE-MAKING ACTIVITY:

CHAPTER 101: MaineCare Benefits Manual: Ch. I, II, III, IV, V, VI, VII, VIII, X and relevant Principles of Reimbursement
STATUTORY AUTHORITY: 22 M.R.S.A. § 42, § 3173; P.L. 99 Chapter 777
PURPOSE: These rules describe requirements for the provision and reimbursement of services under the MaineCare (formerly, Maine Medicaid and State Child Health Insurance Program (SCHIP), also known as Cub Care) program. It also describes certain administrative functions necessary for the operation of the MaineCare 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 and budget considerations require the timely amendment or adoption of new rules over the course of the year.
AFFECTED PARTIES: MaineCare members, MaineCare providers, and Managed Care Organizations

CHAPTER 104: Maine State Services Manual
STATUTORY AUTHORITY: 22 M.R.S.A. §257
PURPOSE: These rules describe requirements for the provision and reimbursement of services under the state funded services including medical eye care, Drugs for the Elderly (DEL) Benefit, and Maine Rx+ Benefit. It also describes certain administrative functions necessary for the operation of these Benefits. 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. It is anticipated that Chapter 107 Medical Eye Care, will be incorporated into this chapter.
AFFECTED PARTIES: Participants and providers in DEL and other state funded benefits.

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 503: Maine Certificate of Need, 10-144-503, Maine Certificate of Need Procedures Manual for Health Care Facilities (Other than Nursing Care Facilities)
STATUTORY AUTHORITY: 22 M.R.S.A. §342
PURPOSE: These rules govern CON procedures.
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: Hospital providers and consumers/patients.

CHAPTER 501: Maine Certificate of Need, 10-144-501, Maine Certificate of Need Limitations.
STATUTORY AUTHORITY: 22 M.R.S.A. §342
PURPOSE: These rules limit the CON applications the state will accept.
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: Hospital providers and consumers/patients.

CHAPTER 107: Medical 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. It is anticipated this chapter will be incorporated into Chapter 104.
AFFECTED PARTIES: Children and adults not eligible for Medicaid for whom the State would reimburse for certain eye care services as well as the providers of these services

CHAPTER 150: Hospital Finance Rules
PURPOSE: These rules govern hospital free care.
ANTICIPATED SCHEDULE: 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 free care.



AGENCY UMBRELLA-UNIT NUMBER: 10-144
AGENCY NAME: Office of Integrated Access and Support: Eligibility, Employment and Training and Support Enforcement and Recovery

ELIGIBILITY AND EMPLOYMENT AND TRAINING CONTACT PERSON: David Lanman, Manager, Special Projects, 11 State House Station, Augusta, ME 0433-0011. Tel: (207) 287-2637. E-mail: Dave.Lanman@maine.gov

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:

Eligibility

CHAPTER 301 (Food Stamp Certification Manual): Updated Income Limits and Maximum Allotments (done annually), and Standard Deduction and Shelter Deduction.

CHAPTER 323 (Maine General Assistance Policy Manual): None

CHAPTER 331 (Public Assistance Payments Manual): None

CHAPTER 332 (MaineCare Manual): Updated Federal Poverty Levels (done annually, and used as income limit for MaineCare programs); Closed enrollment for the Non-Categorical Coverage Group; Provided Supplemental Security Income COLA increase; Updated Community Spouse Minimum Income Standard and Shelter Allowance.

Employment and Training

CHAPTER 607 (ASPIRE/TANF Program Rules): None

CHAPTER 608 (ASPIRE/JOBS Program - Purchase of Service Contracts): None

CHAPTER 609 (ASPIRE/JET Program Rules): None

Support Enforcement and Recovery

CHAPTER 351 (Child Support Enforcement Manual): None

EXPECTED 2005-2006 RULE-MAKING ACTIVITY:

Eligibility

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.

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.

CHAPTER 331: Public Assistance Payments Manual
STATUTORY AUTHORITY: 22 M.R.S.A. §§ 3761 - 3790
PURPOSE: These rules establish overall requirements for eligibility for the Temporary Assistance for Needy Families program. The 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.

CHAPTER 332: MaineCare Eligibility Manual
STATUTORY AUTHORITY: 22 M.R.S.A. §3173
PURPOSE: These rules establish requirements for eligibility for Maine's MaineCare 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 MaineCare or State Supplement benefits.

Employment and Training

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.

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 Health and Human Services to provide services to ASPIRE participants.

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.

Support Enforcement and Recovery

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 adjudicative 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.



10-148 filed as an amendment May 9, 2006.
AGENCY UMBRELLA-UNIT NUMBER: 10-148
AGENCY NAME: Department of Health & Human Services, Office of Child & Family Services

LIST OF EMERGENCY RULES ADOPTED SINCE LAST AGENDA: N/A

EXPECTED 2005-2006 RULE-MAKING ACTIVITY:

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Virginia Marriner, Adoption Program Manager, 221 State Street, Augusta, ME 04333. (207) 287-5060
E-MAIL: virginia.s.marriner@maine.gov

CHAPTER NAME: Rules for the Authorization of Background Checks for Prospective Adoptive Parents
STATUTORY AUTHORITY: 18-A MRSA §9-304(a-2). (“The department may, pursuant to rules adopted by the department, at any time before the filing of the petition for adoption, conduct background checks for each prospective adoptive parent of a minor child in its custody.")
PURPOSE OF THE RULE: The rule would protect health, safety and well-being of children eligible for adoption through DHHS or another licensed child placement agency.
SCHEDULE FOR ADOPTION: As soon as is practicable; within six months.
BENEFITED AND REGULATED PARTIES: Children eligible for adoption and prospective adoptive parents.
CONSENSUS-BASED RULE DEVELOPMENT: N/A

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Linda Brissette, Foster Care Licensing Program Specialist, 221 State Street, Augusta, ME 04333. Tel.: (207) 287-5060.
E-MAIL: linda.brissette@maine.gov

CHAPTER NAME: Rules Providing for the Licensing of Family Foster Homes for Children Rules Providing for the Licensing of Specialized Children's Foster Homes
STATUTORY AUTHORITY: 22 M.R.S.A. §8102. ("The department shall adopt rules for children's homes in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375. The rules shall be designed to protect the health, safety, well-being and development of children.")
PURPOSE OF THE RULE: The 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, wellbeing and development of the children who are placed in Family Foster Homes and Specialized Children's Foster Homes.
SCHEDULE FOR ADOPTION: Late 2006 or early 2007.
BENEFITED AND REGULATED PARTIES: Children placed in foster homes and foster home.
CONSENSUS-BASED RULE DEVELOPMENT: N/A



AGENCY UMBRELLA–UNIT NUMBER: 10-149
AGENCY NAME: Office of Elder Services (OES), also known as 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) 287-9200

EMERGENCY RULES ADOPTED SINCE THE LAST AGENDA: None

EXPECTED 2005 to 2006 RULE-MAKING ACTIVITY:

CHAPTER 5: OES Policy Manual
Ch. 5 will be amended to reflect policy and statutory changes that affect the operation of OES administered programs. This will include updating and making revisions in Sections 1 through 75 and adding or deleting sections as needed to reflect policy and federal and state statutory changes. These Chapter 5 rules include definitions, outline the duties, responsibilities and administrative requirements of and establish policy and guidelines for OES, the OES Adult Protective Services and Guardianship Program, Certificate of Need for Nursing Home Projects, Continuing Care Retirement Communities, Legal Services for the Elderly, the Area Agencies on Aging and the community programs they administer and the providers of OES administered home and community based 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 18 –A M.R.S.A., Article V – Probate Code on protection for disabled persons
Title 22 M.R.S.A.:
* Chap. 103-A – Certificate of Need
* Chap. 405 – Licensing of Hospitals and Institutions
* Chap. 958-A – Adult Protective Services
* Chap. 1451, 1453, 1457 – BEAS Powers and Duties
* Chap. 1501, 1503 – Priority Social Services
* Chap. 1505 – Adult Day Services
* Chap. 1621, 1623 – In-Home and Community Support Services for Adults with Long-term Care Needs
* Chap. 1661, 1663 - Licenses
* Chap. 1666 – Residents’ Rights
* Chap. 1666-A – Appointment of Receivers
* Chap. 1666-B – Intermediate Sanctions
* Chap. 1678 – Alzheimer’s Special Care
* Chap. 1679 – Adult Day Care
Title 24-A M.R.S.A.:
* Chap. 73 – Continuing Care Retirement Communities
PURPOSE: These rules regulate the functioning of the Office of Elder Services as the designated State Agency responsible, under the direction of the Commissioner of the Department of Health and Human Services, for the overall planning, policy, coordination and implementation of all functions and activities conducted or supported which relate to Maine’s aging population. They also govern the operation of OES programs serving incapacitated and dependent adults, adults with disabilities, Certificate of Need for Nursing Homes and DHHS review of Continuing Care Retirement Communities. 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 unscheduled and unanticipated Federal law and regulation changes and State legislation and State initiated changes.
AFFECTED PARTIES: Entities with which BEAS has entered into agreements to carry out activities/programs relating to Maine’s aging population, incapacitated and dependent adults and adults with disabilities and the individuals who participate in the activities/programs or are recipients of services; and nursing homes applying for Certificate of Need review and entities seeking DHHS approval as Continuing Care Retirement Communities.

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 M.R.S.A., Chap. 1451, 1453, 1457 – BEAS Powers and Duties
PURPOSE: These rules give the Office of Elder Services the authority to seek, accept and disburse Federal, State and private funds and to enter into funding agreements necessary to further its activities.
ANTICIPATED SCHEDULE: Demands on fiscal staff to meet on-going deadlines and responsibilities made it difficult to accomplish revisions to this policy in the past. There will be a further delay since OES is part of the newly created Department of Health and Human Services and the consolidation and articulation of Department wide fiscal policy has yet to take place. In the meantime, since the existing fiscal OES policy is based on federal OMB regulations which have not changed and OES follows all requirements specified by MAAP, there is no urgency to amend these rules.
AFFECTED PARTIES: Entities with which OES has entered into agreements to carry out activities/programs relating to Maine’s aging population and incapacitated and dependent adults.


AGENCY UMBRELLA-UNIT NUMBER: 10-144
AGENCY NAME: Maine Centers for Disease Control and Prevention, Division of Environmental Health

CONTACT PERSON: Clough Toppan, Director, Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011 Tel: (207) 287-5686. E-mail: clough.toppan@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
CHAPTER 203: Rules for the Retail Sale of Tobacco, June 2005

EXPECTED 2005-2006 RULEMAKING ACTIVITY:

HEALTH INSPECTION PROGRAM

CHAPTER 200: State of Maine Food Code
STATUTORY AUTHORITY: 22 M.R.S.A. §2491- 2501.
PURPOSE of the rule: To amend the Food Code, per the US Food and Drug Administration 2001 Food Code.
SCHEDULE FOR ADOPTION: Late summer or early Fall 2006.
Listing of AFFECTED PARTIES: Eating and lodging establishments in the State of Maine.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 201: Rules Relating to the Licensing and Enforcement of Establishments Licensed by the Eating and Lodging Program
STATUTORY AUTHORITY: 22 M.R.S.A. §2491- 2501.
PURPOSE of the rule: To consolidate the administrative portion of many rules into one rule.
SCHEDULE FOR ADOPTION: Late Fall 2004 or Early Spring 2006.
Listing of AFFECTED PARTIES: Eating and lodging establishments in the State of Maine.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 202: Rules Relating to Swimming Pools and Spas
STATUTORY AUTHORITY: 22 M.R.S.A. §1631-§1635; §2661-§2669
PURPOSE of the rule: To clarify the definitions of public and private swimming pools.
SCHEDULE FOR ADOPTION: Late Winter 2005 or early Spring 2006.
Listing of AFFECTED PARTIES: Owners/operators of public swimming pools and public spas.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 203: Rules for the Retail Sale of Tobacco
STATUTORY AUTHORITY: 22 M.R.S.A. §1551 et seq. 22 M.R.S.A. §42 sub-§1
PURPOSE of the rule: To clarify the administration of licenses.
SCHEDULE FOR ADOPTION: Summer 2004 or early Fall 2004.
Listing of AFFECTED PARTIES: Licensed tobacco retailers.
Information on any planned use of 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 M.R.S.A. §2491-2501
PURPOSE of the rule: To clarify definitions of recreational vehicle classification, and the definitions of temporary campground, and agricultural fair campground.
SCHEDULE FOR ADOPTION: Late Winter 2005 or early Spring 2006.
Listing of AFFECTED PARTIES: Public, fairs, event promoters, and owners/operators of campgrounds.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 206: Rules Relating to Lodging Places
STATUTORY AUTHORITY: 22 M.R.S.A. §2491- 2501.
PURPOSE of the rule: To amend the Rules Relating to Lodging Places.
SCHEDULE FOR ADOPTION: Late summer 2005.
Listing of AFFECTED PARTIES: Eating and lodging establishments in the State of Maine.
Information on any planned use of 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 M.R.S.A. §2491-2501.
PURPOSE of the rule: To clarify specific definitions for similar camps, and bring the rules up to date with staff credentialing and certification requirements.
SCHEDULE FOR ADOPTION: Late Winter 2005 or early Spring 2006.
Listing of AFFECTED PARTIES: Summer youth camps and their staff, children who attend summer youth camps.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 209: Body Piercing Rules
STATUTORY AUTHORITY: 32 M.R.S.A. §4321-4329.
PURPOSE of the rule: To provide health and safety standards for persons engaged in the practice of body piercing.
SCHEDULE FOR ADOPTION: Late Winter 2005 or early Spring 2006.
Listing of AFFECTED PARTIES: People who practice body piercing and the public.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 210: Rules Relating to Tattooing
STATUTORY AUTHORITY: 32 M.R.S.A. §4251
PURPOSE of the rule: To amend the provisions for apprenticeships infected client reporting, and patient historical data collection.
SCHEDULE FOR ADOPTION: Late Winter 2005 or early Spring 2006.
Listing of AFFECTED PARTIES: Public, tattooists
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 211: Rules Relating to Micropigmentation Practitioners
STATUTORY AUTHORITY: 32 M.R.S.A. §4311-4317.
PURPOSE of the rule: To clarify the educational requirements for licensing.
SCHEDULE FOR ADOPTION: Late Winter 2005 or early Spring 2006.
Listing of AFFECTED PARTIES: Micropigmentation practitioners and the public.
CONSENSUS BASED RULE DEVELOPMENT: None planned.

CHAPTER 212: Rules for the Practice of Electrology
STATUTORY AUTHORITY: 32 M.R.S.A. §1221-1243.
PURPOSE of the rule: To clarify the definition of electrology, and to provide standards of practice, education, and training for the practice of permanent cosmetics and cosmetic tattooing.
SCHEDULE FOR ADOPTION: Late Winter 2005 or early Spring 2006.
Listing of AFFECTED PARTIES: People who practice micropigmentation and the public.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Will meet with Association of Maine Electrologists.

CHAPTER 214: Mass Gathering Rules
STATUTORY AUTHORITY: 22 M.R.S.A. §1601-1602
PURPOSE of the rule: To amend the application process for permits, and clarify the method for determining event populations.
SCHEDULE FOR ADOPTION: Late Winter 2005 or early Spring 2006.
Listing of AFFECTED PARTIES: Public, municipalities, and event promoters.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Will meet with Maine Municipal Association.

CHAPTER 225: Rules Relating To The Licensing of Suppliers of Compressed Air Used In Self-Contained Breathing Apparatus
STATUTORY AUTHORITY: 22 M.R.S.A. §1581 et seq.
PURPOSE of the rule: To provide standards for the accurate testing of air and provide for third party testing.
SCHEDULE FOR ADOPTION: Late Winter 2005 or early Spring 2006.
Listing of AFFECTED PARTIES: Dive shops, fire departments, other suppliers of compressed air.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 250: Rules Relating to Smoking in Restaurants
STATUTORY AUTHORITY: 22 M.R.S.A. §1579-A
PURPOSE of the rule: To upgrade and clarify rules as related to non-smoking areas in restaurants, and to increase the fee to $50 annually.
SCHEDULE FOR ADOPTION: Late Winter 2005 or early Spring 2006.
Listing of AFFECTED PARTIES: Public, employees, owners/operators of restaurants.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: None planned.

WASTE WATER PROGRAM

CHAPTER 240: Rules for Appointment and Administration of Local Plumbing Inspectors:
STATUTORY AUTHORITY: 22 M.R.S.A. §42
PURPOSE of the rule: To refine and clarify established procedures for the eligibility requirements, appointment, and duties of local plumbing inspectors.
SCHEDULE FOR ADOPTION: February 2006.
Listing of AFFECTED PARTIES: Persons certified as Local Plumbing Inspectors, and those seeking such certification.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings with Local Plumbing Inspectors, Municipal Officials, and members of the public.

CHAPTER 241: Maine Subsurface Wastewater Disposal System Rules:
STATUTORY AUTHORITY: 22 M.R.S.A. §42
PURPOSE of the rule: To update and refine the Rules governing the design, permitting, and installation of subsurface wastewater disposal systems as necessary, and to accommodate suggested changes from the general public.
SCHEDULE FOR ADOPTION: February 2006.
Listing of AFFECTED PARTIES: Any person, establishment, and/or institution using an on-site subsurface wastewater disposal system for sanitary wastewater.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings with Local Plumbing Inspectors, Licensed Site Evaluators, Municipal Officials, and members of the public.

CHAPTER 242: Rules for Conversion of Seasonal Dwelling Units into Year-Round Residences in the Shoreland Zone:
STATUTORY AUTHORITY: 22 M.R.S.A. §42
PURPOSE of the rule: To update established State requirements for the conversion of seasonal residences using onsite subsurface wastewater disposal to year-round use. These Rules are intended to complement municipal planning, zoning, and land use control.
SCHEDULE FOR ADOPTION: February 2006.
Listing of AFFECTED PARTIES: Anyone wishing to convert a seasonal residence to year-round use.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings with Local Plumbing Inspectors, Licensed Site Evaluators, Municipal Officials, and members of the public.

CHAPTER 243: Minimum Lot Size Law Variance Rules:
STATUTORY AUTHORITY: 12 M.R.S.A. §4807
PURPOSE of the rule: To update and clarify established provisions for approval of subsurface waste water disposal systems on lots with less than 20,000 square feet and 100 feet of frontage if the lot abuts a water body.
SCHEDULE FOR ADOPTION: February 2006.
Listing of AFFECTED PARTIES: Anyone wishing to develop a lot meeting the exemption requirements of 12 M.R.S.A. 4807.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings with Local Plumbing Inspectors, Licensed Site Evaluators, Municipal Officials, and members of the public.

CHAPTER 245: Maine Rules for Site Evaluators of Subsurface Wastewater Disposal Systems:
STATUTORY AUTHORITY: 22 M.R.S.A. §42
PURPOSE of the rule: To update established standards of professional conduct and practice related to the examination and licensing of Site Evaluators.
SCHEDULE FOR ADOPTION: February 2006.
Listing of AFFECTED PARTIES: Approximately 330 individuals are licensed to determine soil suitability and prepare designs for subsurface wastewater disposal systems handling less than 2,000 gallons per day of wastewater.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings with Licensed Site Evaluators and members of the public.

DRINKING WATER PROGRAM

CHAPTER 226: Rules Relating to Cross Connections.
STATUTORY AUTHORITY: 22 M.R.S.A. §2611
PURPOSE of the rule: To revise, strengthen and update existing sections of the state rules relating to the state cross connection control program.
SCHEDULE FOR ADOPTION: Adoption expected not later than December 2005.
Listing of AFFECTED PARTIES: All public drinking water systems.
Information on any planned use of 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 M.R.S.A. §2611
PURPOSE of the rule: To revise, strengthen and update existing sections of the state rules relating to the state cross connection control program.
SCHEDULE FOR ADOPTION: Adoption expected not later than December 2005.
Listing of AFFECTED PARTIES: All public drinking water systems.
Information on any planned use of 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 M.R.S.A. §5959 et seq.
PURPOSE of the rule: 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.
SCHEDULE FOR ADOPTION: Adoption expected not later than Summer 2005.
Listing of AFFECTED PARTIES: All public drinking water systems.
Information on any planned use of 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 M.R.S.A. §2611 et seq.
PURPOSE of the rule: 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.
SCHEDULE FOR ADOPTION: Adoption expected not later than Spring 2006.
Listing of AFFECTED PARTIES: All public drinking water systems.
Information on any planned use of 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 M.R.S.A. §1689-A
PURPOSE of the rule: To update and clarify the present rules.
SCHEDULE FOR ADOPTION: Adoption expected not later than June 2005.
Listing of AFFECTED PARTIES: Well drillers and pump installers registered in the State of Maine.
Information on any planned use of 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 M.R.S.A. §2602-A
PURPOSE of the rule: To update and clarify the present rules.
SCHEDULE FOR ADOPTION: Adoption expected not later than June 2005.
Listing of AFFECTED PARTIES: DHS and private residential water supplies.
Information on any planned use of 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 M.R.S.A. §2611
PURPOSE of the rule: To revise, strengthen and update existing sections of the state rules relating to suppliers of bottled water.
SCHEDULE FOR ADOPTION: Adoption expected not later than June 2005.
Listing of AFFECTED PARTIES: Bottled water suppliers, water haulers and vendors.
Information on any planned use of 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 263: Maine Comprehensive And Limited Environmental Laboratory Certification Rules
STATUTORY AUTHORITY: 22 M.R.S.A. §567.
PURPOSE of the rule: To establish quality guidelines for laboratory data received by the Department of Health and Human Services and the Department of Environmental Protection.
SCHEDULE FOR ADOPTION: Late summer or early Fall 2006.
Listing of AFFECTED PARTIES: Environmental and Drinking water labs, and other laboratories.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings


AGENCY UMBRELLA-UNIT NUMBER: 90-429
AGENCY NAME: Water Treatment Plant Operators Board (under the jurisdiction of the Division of Environmental Health, Maine Center for Disease Control and Prevention, Department of Health and Human Services)

CONTACT PERSON: Roger Crouse, Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011 Tel: (207) 287-5719

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2005-2006 RULEMAKING ACTIVITY:

CHAPTER 1: Rules Relating to Licensure of Water Treatment and Distribution Operators of Public Water Systems.
STATUTORY AUTHORITY: 22 M.R.S.A. §2623
PURPOSE of the rule: To revise, strengthen and update existing sections of the state rules relating to the licensing of operators of public water systems.
SCHEDULE FOR ADOPTION: Adoption expected not later than December 2005.
Listing of AFFECTED PARTIES: All public drinking water systems.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.


10-144 (continued)

RADIATION

CHAPTER 220: Rules Relating To Radiation Protection
STATUTORY AUTHORITY: 22 M.R.S.A. §674
PURPOSE of the rule: To incorporate federal rules required under agreement with the U.S. Nuclear Regulatory Commission to regulate radioactive materials and revise definitions.
SCHEDULE FOR ADOPTION: Early 2006 for other changes.
Listing of AFFECTED PARTIES: will be outlined under each separate part.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings.

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

Part C, Licensing of Radioactive Material
PURPOSE of the rule: Changes to maintain federal compatibility regarding security and financial assurance. Also a fee increase to all radioactive materials licensees to update the radioactive materials license fee schedule.
Listing of AFFECTED PARTIES: All users of radioactive material.

Part D, Standards for Protection Against Radiation
PURPOSE of the rule: Changes to maintain federal compatibility.
Listing of AFFECTED PARTIES: All users of radioactive material.

Part E, Radiation Safety Requirements for Industrial Radiographic Operations.
PURPOSE of the rule: 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.
Listing of AFFECTED PARTIES: All Industrial radiography licensees.

Part G, Use of Radionuclides in the Healing Arts
PURPOSE of the rule: Revise existing rule to incorporate federal rule requirements for recognition of specialty boards in certification of training for medical use of radioactive materials.
Listing of AFFECTED PARTIES: All medical users of radioactive material.

Part L, Transportation of Radioactive Material PURPOSE of the rule: Revise existing rule to incorporate federal rule requirements to maintain compatibility with IAEA and other federal transportation safety amendments.
Listing of AFFECTED PARTIES: All shippers of radioactive materials.

CHAPTER 223: Rules Relating to Tanning Facilities
STATUTORY AUTHORITY: 22 M.R.S.A. §674
PURPOSE of the rule: 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, and to adopt any changes to federal regulations.
SCHEDULE FOR ADOPTION: Late 2004 to early 2004.
Listing of AFFECTED PARTIES: Tanning facility owners.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings.

CHAPTER 224: Air and Water Radon Service Provider Registration Rules
STATUTORY AUTHORITY: 22 M.R.S.A. § 781
PURPOSE of the rule: To modify registration requirements for individuals/companies providing radon testing/mitigation services in Maine.
SCHEDULE FOR ADOPTION: Late 2004 to mid 2005
Listing of AFFECTED PARTIES: Radon Service Providers and the general public that contract such services.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings.

ENVIRONMENTAL AND OCCUPATIONAL HEALTH SURVEILLANCE PROGRAM

CHAPTER 254: Occupational Disease Reporting Rules and Regulations
STATUTORY AUTHORITY: 22 M.R.S.A. §1491
PURPOSE of the rule: To set forth criteria for submission of patient information by hospitals, and medical personnel, and establish the objectives, responsibilities, and duties pertinent to the operation of Maine's Occupational Disease Reporting Program.
SCHEDULE FOR ADOPTION: Early 2006.
Listing of AFFECTED PARTIES: Hospitals and medical personnel.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings.

CHAPTER 255: Cancer Incidence Registry Regulations
STATUTORY AUTHORITY: 22 M.R.S.A. §1402
PURPOSE of the rule: To provide guidance as to reporting requirements on all persons diagnosed with cancer living in Maine and to tabulate and summarize patient data to determine the frequency and incidence rates.
Listing of AFFECTED PARTIES: Hospitals, hospices, and other related facilities and associated administrative personnel.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings.

CHAPTER 292: Rules for Environmental Lead Investigations
STATUTORY AUTHORITY: 22 M.R.S.A. §1323
PURPOSE of the rule: To identifies properties that are subject to environmental lead investigations; define the responsibilities of licensed lead inspectors and risk assessors when conducting environmental lead investigations; and describe the information that shall be provided to owners and occupants as a result of these investigations.
SCHEDULE FOR ADOPTION: Early 2006.
Listing of AFFECTED PARTIES: Landlords, tenants, and medical personnel.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings.

CHAPTER (New): Lead Poisoning Prevention Fund Fee Rules
STATUTORY AUTHORITY: 22 M.R.S.A. §1322-F
PURPOSE of the rule: This rule will identify the manufacturers subject to the fee, provide methods of fee calculation, establish a low quantity exemption, and describe reporting and payment requirements.