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Home > Agendas > 2006-2007 > Part of Department of Health and Human Services

2006-2007 Regulatory Agendas

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


144: Maine Center for Disease Control and Prevention
         Infectious Disease
144: Division of Environmental Health
         Health Inspection Program
         Waste Water Program
         Drinking Water Program
         90-429: Water Treatment Plant Operators Board
         Radiation Control Program
         Environmental and Occupational Health Surveillance Program
         Division of Family Health
         Chronic Disease Division
144: Division of Purchased Services
144: Office of MaineCare Services
144: Office of Integrated Access and Support
144: Division of Licensing and Regulatory Services
148: Office of Child and Family Services
149: Office of Elder and Adult Services


AGENCY UMBRELLA - UNIT NUMBER: 10-144
AGENCY NAME: Maine Center for Disease Control and Prevention (Maine CDC)

CONTACT PERSON FOR THE FOLLOWING TWO CHAPTERS: 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 2006-2007 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

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CONTACT PERSON FOR THE FOLLOWING CHAPTER: Lani Graham, MD, MPH, Medical Director, Public health Emergency Preparedness, 11 State House Station, 286 Water St., Augusta, ME 04333. Tel (207) 287-4397

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2006-2007 RULE-MAKING ACTIVITY:

CHAPTER 250: Rules to Provide for the Rapid Distribution and Use of Certain Medications and Vaccines Required to Respond to an Extreme Public Health Emergency
STATUTORY AUTHORITY: 22 MRSA 820. These Rules are major and substantive.
PURPOSE: To prepare for medical resources needed to respond effectively to an extreme public health emergency.
ANTICIPATED SCHEDULE: Adoption is expected no later than June 30, 2007
AFFECTED PARTIES: Physicians, Physician’s Assistants, Nurse Practitioners; Pharmacists, Dentists, and Veterinarians

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Infectious Disease

CONTACT PERSON FOR THE FOLLOWING THREE CHAPTERS: Sally-Lou Patterson, Director, Division of Infectious Disease, 11 State House Station, 286 Water St., Augusta, ME 04333. Tel (207) 287-6448.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2006-2007 RULE-MAKING ACTIVITY:

CHAPTER 258: Rules for the Control of Notifiable Conditions
STATUTORY AUTHORITY: 22 MRSA 802
PURPOSE: To update and clarify Rules for the Control of Notifiable Conditions
ANTICIPATED SCHEDULE: Adoption is expected no later than June 30, 2007
AFFECTED PARTIES: Physicians, Physician's Assistants, and Nurse Practitioners; Medical Laboratories; Healthcare Facilities; Healthcare Administrators; Health Officers; Veterinarians and Veterinary Medical Laboratories

CHAPTER (New): Public Law 2005, chapter 628: Rules to Implement Influenza Immunizing Agent Distribution Reporting
STATUTORY AUTHORITY: Public Law 2005, chapter 628
Purpose: To adopt rules to implement an Influenza Immunizing Agents Reporting Process
ANTICIPATED SCHEDULE: Adoption is expected not later than December 31, 2006
AFFECTED PARTIES: Influenza vaccine manufacturers and distributors

CHAPTER 501: Rules for the Operation of the Maine AIDS Drug Assistance Program
STATUTORY AUTHORITY: 22 MRSA 19205
PURPOSE: To adopt rules to govern the operation of the Maine AIDS Drug Assistance Program
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2007
AFFECTED PARTIES: People living with HIV, Physicians, Physician's Assistants, Nurse Practitioners, Pharmacists

CONTACT PERSON NOT SPECIFIED FOR THE FOLLOWING FOUR RULE CHAPTERS:

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: Eligibility Age would possibly change if monies become available to include 35-39 year old women into the treatment act program.
SCHEDULE FOR ADOPTION: August, 2007
AFFECTED PARTIES: Participants/clients, women of MBCHP who have been diagnosed with breast or cervical cancer, or pre-cancerous lesions.

CHAPTER 707: Rules Relating to the National Breast and Cervical Cancer Early Detection Program (NBCCEDP) In Maine
STATUTORY AUTHORITY: PL 1993, c.707, Part A, §A-2
PURPOSE OF THE RULE: Eligibility Age would possibly change if monies become available to include 35-39 year old women into the MBCHP screening program
SCHEDULE FOR ADOPTION: August, 2007
AFFECTED PARTIES: Participants/clients, women of MBCHP who are in an underserved population needing assistance with Breast and Cervical Cancer Screening.

CHAPTER 255: Maine Cancer Registry Rules and Regulations
STATUTORY AUTHORITY: Pursuant to 22 MRSA Section 1401 - 1406
PURPOSE: To update the Maine Cancer Registry Rules and Regulations to comply with current cancer surveillance standards in several areas. These areas include, among others: required reporting procedures, data requests, objectives and confidentiality.
ANTICIPATED SCHEDULE: Adoption expected by December 2006
AFFECTED PARTIES: Reporting sources (hospitals, physicians, pathology labs), those requesting data (researchers, agencies and organizations in public health and health care), and Registry staff.

CHAPTER 653: An Act to Improve the Oral Health of Maine’s Children
STATUTORY AUTHORITY: 20-A M.R.S.A. §6454 and 22 MRSA §2128
PURPOSE: To administer a grant program to promote oral health assessments of children entering elementary school and facilitate the provision of care for those students identified as in need of dental services.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2007
AFFECTED PARTIES: Schools, community agencies, elementary school children



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 clough.toppan@maine.gov

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

EXPECTED 2006-2007 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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 2007.
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 & Human Services and the Department of Environmental Protection.
SCHEDULE FOR ADOPTION: Late summer or early Fall 2007.
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)

CONTACT PERSON: Teresa L. Trott, 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 2006-2007 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 January 2007.
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.



Radiation Control Program

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 2007 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 2007.
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 2007.
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 XXX: 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.
SCHEDULE FOR ADOPTION: Early 2007.
Listing of AFFECTED PARTIES: Paint manufactuers.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT:
Planned pre-rule stakeholder meetings, and existing guidance in Maine law.


Division of Family Health

CHAPTER 286: Maine WIC Program Rules
STATUTORY AUTHORITY: 22 M.R.S.A. §§ 42 and 1951
PURPOSE: To describe the procedures and standards for WIC participants, local grantee agencies and WIC authorized vendors.
ANTICIPATED SCHEDULE: Adoption expected by September 30, 2006
AFFECTED PARTIES: WIC participants, local grantee agencies and WIC authorized retailers.

Title 22, Chapter 1687 – Birth Defects Program
Statutory Authority – PL 1999
Purpose: To define reporting requirements, program functions and responsibilities regarding the Birth Defects Program
Change: increase the current 17 reportable birth defects to the full 22 including hearing.
Anticipated Schedule: Late winter early spring 2007
Affected Parties: Providers of health care licensed under Title 22 (Hospitals) and Title 32 (Health Professionals).

Title 22, Chapter 272 – Children with Special Health Needs Program
Statutory Authority –
Purpose: to enhance the provision of and access to comprehensive health services for children with special health care needs.
Anticipated Schedule: Late winter early spring 2007
Affected Parties: Licensed health care providers and families.

CHAPTER 467: Maternal and Infant Mortality Review Panel
STATUTORY AUTHORITY: 22 M.R.S.A. §261
PURPOSE: To identify the factors associated with maternal and infant deaths and make recommendations for system changes to improve services for women and infants in the State.
ANTICIPATED SCHEDULE: Adoption expected by October 31, 2006
AFFECTED PARTIES: Women and infants

CHAPTER 279 – Newborn Hearing Screening Rules
Statutory Authority – 22 MRSA 1686
Purpose: To define reporting requirements, program functions and responsibilities regarding newborn hearing screening, diagnosis and intervention.
Anticipated Schedule: Late winter early spring 2007
Affected Parties: Hospitals, health care providers and citizens of Maine.

CHAPTER 283 – Newborn Bloodspot Screening Rules
Statutory Authority – 22 MRSA 1532 and 1533
Purpose: To assure that all infants born in Maine are screened for causes of mental retardation and selected genetic conditions.
Anticipated Schedule: Late winter early spring
Affected Parties: Hospitals, health care providers and citizens of Maine.


Chronic Disease Division

CHAPTER 256: Maine Medical Laboratory Rules
STATUTORY AUTHORITY: 22 MRSA §2013-A(1)(G) and §2023, as well as 22 MRSA, chapter 411 in general.
Summary: The Department of Human Services, has prescribed these rules and regulations for Medical Laboratories subject to the licensure, or any provisions of the Maine Medical Laboratory Act.
Adoption is expected in 2006.



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 2006-2007 RULE-MAKING ACTIVITY:

CHAPTER 24: Request for Proposal 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 awarding of grants and contracts through the competitive bidding process 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: April, 2007
AFFECTED PARTIES: Community based agencies that contract with the Department of Health and Human Services.
CONSENSUS-BASED RULE DEVELOPMENT: No



AGENCY UMBRELLA-UNIT NUMBER: 10-144
AGENCY NAME: Office of MaineCare Services, Division of Policy

CONTACT PERSON: Patricia Dushuttle, Manager - Division of Policy, 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:
Chapter II Section 80, Pharmacy Services
Chapters II and III Section 97, Private Non-Medical Institution Services
Chapter III Section 102, Rehabilitation Services
Chapter III Section 113, Transportation Services

CONSENSUS BASED RULEMAKING: None

EXPECTED RULEMAKING ACTIVITY: July 1, 2006 - June 30, 2007

CHAPTER 101: MaineCare Benefits Manual: Chapters 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
STATUTORY AUTHORITY:
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.

CHAPTER 275: Reporting Requirements for Pharmaceutical Manufacturers and Labelers
STATUTORY AUTHORITY: 22 MRSA §2698-A, 22 MRSA §2700-A
PURPOSE: These rules define statutory obligations of manufacturers and labelers of prescription drugs and biological products to publicly register and report results of clinical trials and also report gifts to prescribers and marketing costs in Maine.
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: Residents of Maine


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

ELIGIBILITY AND EMPLOYMENT AND TRAINING CONTACT PERSON: Rose Masure, Director, Division of Policy and Programs, 11 State House Station, Augusta, ME 0433-0011. Tel: (207) 287-3104. E-mail: Rose.Masure@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):
1) Increased utility standards for both the heating/cooling expenses and the non-heating expenses as allowed by federal regulations effective Feb 1, 2006.
2) Corrected the time-limited policy for Able Bodied Adults without Dependents (ABAWDS) by exempting those ABAWDS who are also exempt from work registration requirements. This emergency rule also removed the 15% exemption rule for all otherwise nonexempt ABAWDS. And this emergency rule also provided the annual updates for the list of geographic areas exempted from the three (3) month time limited rule for ABAWDS and revises ABAWD reporting requirements. Rule was effective July 1, 2006.

CHAPTER 323 (Maine General Assistance Policy Manual): None

CHAPTER 331 (Public Assistance Payments Manual): None

CHAPTER 332 (MaineCare Manual): Made changes necessary to facilitate coordination of MaineCare benefits with the Medicare Prescription Drug Benefit (Medicare Part D) and established as a condition of MaineCare eligibility that individuals potentially eligible for Medicare Parts A, B and/or D must enroll in these programs if eligible for MaineCare to pay Part A and/or Part B premiums, co-pays and deductibles. Also removed certain asset tests. Rule was effective January 1, 2006.

Employment and Training

CHAPTER 607 (ASPIRE/TANF Program Rules): The mileage rate for travel for ASPIRE participants was increased from $.25 to $.30 per mile effective October 1, 2005.

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

CHAPTER 400 (Fraud Investigation and Recovery Manual): None

EXPECTED 2006-2007 RULE-MAKING ACTIVITY:

Eligibility

CHAPTER 301: Food Stamp Certification Manual
STATUTORY AUTHORITY: 22 MRSA §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 MRSA §§ 4301 - 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 MRSA §§ 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 MRSA §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 MRSA §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 MRSA §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 MRSA §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 MRSA §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.

CHAPTER 400: Fraud Investigation and Recovery Manual
STATUTORY AUTHORITY: 22 MRSA §2811 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 Fraud Investigation and Recovery Unit. They will be amended to reflect policy and law changes with clarifications as necessary.
ANTICIPATED SCHEDULE: Year round.
AFFECTED PARTIES: Persons who pay program overpayments.




AGENCY UMBRELLA-UNIT NUMBER: 10-144
AGENCY NAME: Division of Licensing and Regulatory Services, Department of Health and Human Services

CONTACT PERSON. Louis T. Dorogi, Assistant Director, Division of Licensing and Regulatory Services, Medical Facilities, 11 State House Station, 442 Civic Center Dr., Augusta, ME 04333-0011. Tel: (207) 287-9300. E-mail: lou.dorogi@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA. None

EXPECTED 2006-2007 RULE-MAKING ACTIVITY. (See below)

CHAPTER 110. Regulations for the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
STATUTORY AUTHORITY: Title 1, Chapter 13, §§ 401, 402, 407, 408; Title 22, Chapter 1, §§ 3, 6, 42, 47; Chapter 405, §§ 1811-1818, 1820, 1822, 1824-1830; Chapter 958-A, §§ 3477-3479; Chapter 1666, §§ 7921-7925; Chapter 1666A, §§ 7931-7938; Chapter 1666B, §§ 7941-7949; Chapter 1678, §§ 8551-8552; Title 32, Chapter 2, §§ 61, 7905; Title 5, Chapter 375, Subchapter 11A, §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.
SCHEDULE FOR ADOPTION: Chapter 17, Pharmaceutical Services will be revised, by February 2007, to include alternative methods of Schedule II drug storage and dispensing.
AFFECTED PARTIES: Nursing Home Providers and consumers/residents.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 112. Regulations for the Licensing of General and Specialty Hospitals in the State of Maine
STATUTORY AUTHORITY: 22 MRSA, Chapter 1, §§ 3, 5, 6, 42, 1708, 1711, 1715, 1811-1818, 1820-3, 1829, 1831, 8751-8756
PURPOSE: These rules govern the licensing and functioning of Hospitals.
SCHEDULE FOR ADOPTION:
Chapter IV.N.5., Licensing, will be revised to change the annual hospital licensing survey for non-accredited hospitals to a biennial inspection.
Chapter VI.B.2.e.-The Governing Board, will be revised to reflect the requirements for a credible and thorough root cause analysis within the mandated Sentinel Event reporting requirements.
Chapter IX.F.2.2)(a)(iii), Medical Staff and Allied Health Staff, will be revised to accurately reflect the originally proposed language of August 1, 2004 for the Medical Staff and Allied Health Staff regulations.
Chapter XIX.C.4(a) and (b), Emergency Service or Department, will reflect language omitted in the May 5, 1996 electronic conversion of the Emergency Department regulations for General and Specialty Hospitals.
Chapter XXI.C.3.a-g, Quality Management Process, will be revised to reflect the requirement of an annual proactive analysis of an identified high risk process for the purpose of eliminating known or potential errors before they occur.
Chapter XXII.B.4., Medical Record Services, will be added to reflect the requirement of hospitals that record images of a patient using x-rays, magnetic resonance imaging or computerized tomography provide notice of intent to destroy or purge those images.
Chapter XXV., Psychiatric Hospitals, and Chapter XXIII., Psychiatric Units, will be revised to reflect current practices in acute psychiatric services. These revisions will include the current requirement that Psychiatric Hospitals and Psychiatric Units must comply with the “Rights of Recipients of Mental Health Services”.
Chapter XXVII.R.-KK., Critical Access Hospital, will be revised to reflect the regulatory language approved by the Commissioner, in writing on December 1, 2004, for Critical Access Hospital’s Medical Staff and Allied Health Staff.
The above chapters will be revised by April 2007.
AFFECTED PARTIES: Hospital Providers and Consumers/Patients.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 119. Regulations Governing the Licensing and Functioning of Home Health Care Services in the State of Maine
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.
SCHEDULE FOR ADOPTION:
Chapter 3.B.7., Loss, Renewal, Provisional and Conditional Licenses-Licensing Survey
Frequency, will be revised, by January 2007, to allow Home Health Agencies meeting
the Federal Conditions of Participation for Home Health Agencies, 42 Code of Federal
Regulations §484.10-§484.55, to be deemed to meet the State of Maine Home Health
Care Services licensing requirements.
Chapter 6.B., Qualifications for Home Health Paraprofessional Personnel, will be
revised to reflect the Board of Nursing language regarding the delegation of certain
aspects of medication to the Certified Nursing Assistants (CNA) in the Home Health
Care setting.
The above chapters will be revised by April 2007.
AFFECTED PARTIES: Home Health Care Service Providers and Consumers.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 125. Regulations Governing the Licensing of Ambulatory Surgical Facilities
STATUTORY AUTHORITY: Public Law, Sec. 1. 22 M.R.S.A. Chapter 1684, §8751-§8756
PURPOSE: These rules govern the licensing and functioning of Ambulatory Surgical Facilities in the State of Maine.
SCHEDULE FOR ADOPTION: Chapter 4.I.3.-Compliance Requirements-Medical Records, will be added. By January 2007, to reflect the requirement of ambulatory surgical facilities that record images of a patient using x-rays, magnetic resonance imaging or computerized tomography provide notice of intent to destroy or purge those images.
AFFECTED PARTIES: Ambulatory Surgical Facilities and Consumers/Patients
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 128. Rules and Regulations Governing the Functioning of Certified Nursing Assistants
STATUTORY AUTHORITY: 22 MRSA, §§ 42, 1812G and 3173
PURPOSE: These regulations establish the rules for the operation of the Maine State Registry of Certified Nursing Assistants.
SCHEDULE FOR ADOPTION: Section A of the existing rules will be updated, by March 2007, to incorporate statutory changes, Sections B and E will reflect changes based on the 2003 revisions to the Board of Nursing Chapter V Regulations regarding Bridge Exams, and Section E will include statutory changes on initial criminal background checks. Minor changes will be made in sections A – E to correct previous typographical errors and improve clarity with grammatical revisions and/or further descriptive phrases. Revisions to all sections will be made as appropriate to reflect organizational changes resulting from departmental merger. Changes are to be added by November 20, 2006.
AFFECTED PARTIES: Certified Nursing Assistants, facilities that employ Certified Nursing Assistants, and health care consumers.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 256. Maine Medical Laboratory Rules
STATUTE AUTHORITY: 22 MRSA §§ 2013-A(1)(G) and 2023, as well as 22 MRSA, Chapter 411 in general
PURPOSE: These regulations govern the medical laboratories in the State of Maine. The responsibility of the Maine Medical Laboratory Rules has been transferred from the Bureau of Health to the Division of Licensing and Regulatory Services. These regulations will be amended to comply with Federal changes, statutory changes, and will reflect current health care standards of practices, as needed.
SCHEDULE FOR ADOPTION: The Maine Medical Laboratory Rules will be updated, by March 2007, to require that the qualifications of a non-physician director of a licensed Medical Laboratory meet the personnel requirements defined in the Clinical Laboratory Improvement Amendments of 1988 (CLIA).
AFFECTED PARTIES: Medical Laboratory Providers and Consumers/Patients.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.




AGENCY UMBRELLA-UNIT NUMBER: 10-148
AGENCY NAME: Department of Health and Human Services, Office of Child and Family Services

CONTACT PERSON:Virginia S. Marriner, Acting Director of Child Welfare Policy and Practice, DHHS, 221 State Street, SHS # 11, Augusta, ME 04333 207. Tel.: (207) 287 -2976. E-mail: virginia.s.marriner@maine.gov.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2006-2007 RULE-MAKING ACTIVITY:

CHAPTER 25: Rules for the Recording of Interviews of Children
STATUTORY BASIS Title 22 MRSA Subchapter III §4021-4
PURPOSE of the rule: To provide guidance to staff in carrying out the legal mandate to audio tape planned interviews with children during the Safety Assessment.
SCHEDULE FOR ADOPTION: Winter 2006
Listing of AFFECTED PARTIES: Children and families who are the subject of a Child Protection report
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: none reported

CHAPTER13: Adoption Assistance
STATUTORY BASIS: Title 18-A
PURPOSE of the rule: This chapter establishes the eligibility requirements and amount and duration of adoption assistance available to adoptive families in the adoption assistance program. The rules describe the terms of the agreement between the family and the State and the procedures for applying to the program. Updates to the rules will support compliance with federal law changes in Adoption Assistance requirements.
SCHEDULE FOR ADOPTION: Feb.- March 2007
Listing of AFFECTED PARTIES: Current Adoption Assistance recipient families • Potential Adoptive families
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: none reported

CHAPTER 7: Rules for the Authorization of Background Checks for Child Welfare Resource Families
STATUTORY BASIS: 18-A MRSA §9-304 (a-2)
PURPOSE of the rule: These rules provide for and describe the procedures for completion of background checks for prospective adoptive, foster, permanency guardianship, and kinship parents. These rules are designed to protect the health, safety and well-being of children placed from the Department of Health and Human Services (DHHS) or another licensed child placing agency. (Amendment only)
SCHEDULE FOR ADOPTION: Spring 2007
Listing of AFFECTED PARTIES: Prospective resource families
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: none reported

CHAPTER 201: Appeal Procedures for Persons Substantiated as Perpetrators of Abuse or Neglect of Children
STATUTORY BASIS: Title 22 MRSA §42(1)
PURPOSE of the rule: Establish procedures to govern the substantiation process and to notify and provide an appeal to persons who have been substantiated by the Department of Health and Human Services as having abused or neglected a child or children.
SCHEDULE FOR ADOPTION: Nov. -Dec. 2006
Listing of AFFECTED PARTIES: Individuals found to be substantiated for abuse of children • Families and children affected by abuse.
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: none reported

CHAPTER 16 and 17: Rules Providing for the Licensing of Family Foster Homes for Children, and Rules Providing for the Licensing of Specialized Children's Foster Homes
STATUTORY BASIS: 22 MRSA §8102
PURPOSE of the rule: These rules describe the procedures and requirements for licensing of Family Foster Homes for children under age 18 and are designed to protect the health, safety, well-being and development of children. These rules also apply to specialized foster homes.
SCHEDULE FOR ADOPTION: Jan. 2007
Listing of AFFECTED PARTIES: Current and prospective foster homes and other resource families; Foster children; Private agencies with a licensed foster care program
Information on any planned use of CONSENSUS-BASED RULE DEVELOPMENT: none reported

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Carolyn Drugge

EXPECTED 2006-2007 RULE-MAKING ACTIVITY: Revision of Child Care Subsidy Rules

CHAPTER 5: Purchase of Service Policy Manual - Section II (D); Section V (B) (I) and Section VI
STATUTORY AUTHORITY: Title 22. Sub-title 3, Part 3, Chapter 1052-A, 3733
PURPOSE OF THE RULE: To regulate the distribution of child care subsidy funds in an equitable and consistent manner which also meets the federal Child Care Development Fund rules.
SCHEDULE FOR ADOPTION: January 2007
BENEFITED AND REGULATED PARTIES: Parents who receive child care subsidy; voucher management agencies and contracted child care providers
CONSENSUS-BASED RULE DEVELOPMENT: Maine Child Care Advisory Council, Voucher Managers, Maine Child Care Directors Association and parents will provide input into the revision of the rules.



AGENCY UMBRELLA-UNIT NUMBER: 10-149
AGENCY NAME: Office of Elder Services (OES), formerly known as Bureau of Elder and Adult Services (BEAS)

CONTACT PERSON: Elizabeth Gattine, Legal Services Consultant, #11 State House Station, Augusta ME 04333-0011. Tel: (207) 287-9200

EMERGENCY RULES ADOPTED SINCE THE LAST AGENDA: None

EXPECTED 2006 to 2007 RULE-MAKING ACTIVITY:

CHAPTER 5: OES Policy Manual:
Chapter 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 Section 1 through 75 and adding or deleting sections as needed to reflect policy and federal and state statutory or regulatory 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 Public Guardianship programs, 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, 81, 84, 90, 100 and 1321
Title V, CFR: part 900, subpart F
Title 18-A MRSA, Article V, Part 6 – Probate Code on protection of persons under disability and their property
Title 22 MRSA:
> Chapter 103-A-Certificate of Need
> Chapter 958-A –Adult Protective Services
> Chapters 1451, 1453, 1457- BEAS (OES) Powers and Duties
> Chapter 1501, 1503- Priority Social Services
> Chapter 1505- Adult Day Services
> Chapters 1621, 1623- In-Home and Community Support Services for Adults with Long-term Care Needs
> Chapter 1678 – Alzheimer’s Special Care
> Chapter 1679- Adult Day Care
Title 24-A MRSA
> Chapter 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 and adults with disabilities and programs for Certificate of Need 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 initiated changes.
AFFECTED PARTIES: Entities that OES has entered into agreements with to carry out activities/programs relating to Maine’s aging population, adults with disabilities and incapacitated and dependent adults and as well as individuals who participate in the activities/programs or who are recipients of services.