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Home > Agendas > 2007-2008 > Department of Health and Human Services

2007-2008 Regulatory Agendas

10 and 14
Department of Health and Human Services


AGENCY UMBRELLA-UNIT NUMBER: 10-144 unless otherwise noted

Division of Purchased Services
Maine Center for Disease Control and Prevention
Division of Environmental Health
Health Inspection Program
Waste Water Program
Drinking Water Program
90-429 – Board of Licensure of Water Treatment Plant Operators
Radiation Control Program
Environmental and Occupational Health Surveillance Program
Division of Family Health
Division of Infectious Disease
Chronic Disease Division
Division of Public Health Systems
Office of Public Health Informatics
Health and Environment Testing Laboratory
Forensic Section
10-146 – Office of Data, Research, and Vital Statistics
Office of Public Health Emergency Preparedness
Office of Integrated Access and Support
Office of Audit – MaineCare and Social Services
Licensing Rules
Medical Facilities Unit
Division of Licensing and Regulatory Services
Certificate of Need Unit
10-148 - Community Services Program
10-149
Maine Well Drillers Commission
Office of MaineCare Services
Division of Policy and Performance

10-148 – Office of Child and Family Services
14-118 – Office of Substance Abuse, Driver Education and Evaluation Programs



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 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 24: Request for Proposal Rule
STATUTORY OR OTHER BASIS: 22 MRSA § §12 & 42; 22-A MRSA §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: July 1, 2008.
AFFECTED PARTIES: Community based agencies that contract with the Department of Health and Human Services.
CONSENSUS-BASED RULE DEVELOPMENT: No


Maine Center for Disease Control & Prevention

Division of Environmental Health

CONTACT PERSON: Nancy Beardsley, Acting Director, Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Tel: (207) 287-5686

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULEMAKING ACTIVITY:

Health Inspection Program

CHAPTER 200: State of Maine Food Code
STATUTORY AUTHORITY: 22 MRSA §§ 2491- 2501.
PURPOSE OF THE RULE: To amend the Food Code, per the US Food and Drug Administration 2001 Food Code.
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 MRSA §§ 2491 - 2501.
PURPOSE OF THE RULE: To consolidate the administrative portion of many rules into one rule.
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 MRSA §§ 1631-1635; 2661-2669
PURPOSE OF THE RULE: To clarify the definitions of public and private swimming pools.
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 MRSA §1551 <i>et seq.</i> 22 MRSA §42 sub §1
PURPOSE OF THE RULE: To clarify the administration of licenses.
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 MRSA §§ 2491-2501
PURPOSE OFO THE RULE: To clarify definitions of recreational vehicle classification, and the definitions of temporary campground, and agricultural fair campground.
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 MRSA §§ 2491-2501
PURPOSE OF THE RULE: To amend the Rules Relating to Lodging Places.
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 MRSA §§ 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.
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 MRSA §§ 4321-4329.
PURPOSE OF THE RULE: To provide health and safety standards for persons engaged in the practice of body piercing.
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 MRSA §§ 4251
PURPOSE OF THE RULE: To amend the provisions for apprenticeships infected client reporting, and patient historical data collection.
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 MRSA §§ 4311-4317
PURPOSE OF THE RULE: To clarify the educational requirements for licensing.
AFFECTED PARTIES: Micropigmentation practitioners and the public.
CONSENSUS BASED RULE DEVELOPMENT: None planned.

CHAPTER 212: Rules for the Practice of Electrology
STATUTORY AUTHORITY: 32 MRSA §§ 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.
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 MRSA §§ 1601-1602
PURPOSE OF THE RULE: To amend the application process for permits, and clarify the method for determining event populations.
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 MRSA §§ 1581 <i>et seq.</i>
PURPOSE OF THE RULE: To provide standards for the accurate testing of air and provide for third party testing.
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 MRSA §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.
AFFECTED PARTIES: Public, employees, owners/operators of restaurants.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 225: Rules Relating to Licensing and Inspection of Crematoria
STATUTORY AUTHORITY: 32 MRSA §1405
PURPOSE OF THE RULE: To license crematoria to insure the proper cremation of bodies and disposal of ashes.
AFFECTED PARTIES: Owners/operators of crematoria.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Will hold a pre-proposed rule stakeholder meeting.

Waste Water Program

CHAPTER 240: Rules for Appointment and Administration of Local Plumbing Inspectors
STATUTORY AUTHORITY: 22 MRSA §42
PURPOSE OF THE RULE: To refine and clarify established procedures for the eligibility requirements, appointment, and duties of local plumbing inspectors.
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 MRSA §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.
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 MRSA §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.
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 MRSA §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.
AFFECTED PARTIES: Anyone wishing to develop a lot meeting the exemption requirements of 12 MRSA 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 MRSA §42
PURPOSE OF THE RULE: To update established standards of professional conduct and practice related to the examination and licensing of Site Evaluators.
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 MRSA §2611
PURPOSE OF THE RULE: To revise, strengthen and update existing sections of the state rules relating to the state cross connection control program.
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 MRSA §2611
PURPOSE OF THE RULE: To revise, strengthen and update existing sections of the state rules relating to the state cross connection control program.
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 MRSA §5959 <i>et seq.</i>
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.
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 MRSA §2611 <i>et seq.</i>
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.
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 MRSA §1689-A
PURPOSE OF THE RULE: To update and clarify the present rules.
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 MRSA §2602-A
PURPOSE OF THE RULE: To update and clarify the present rules.
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 MRSA §2611
PURPOSE OF THE RULE: To revise, strengthen and update existing sections of the state rules relating to suppliers of bottled water.
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 MRSA §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.
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

90-429: Board of Licensure of Water Treatment Plant Operators

CHAPTER 1: Rules Relating to Licensure of Water Treatment and Distribution Operators of Public Water Systems
STATUTORY AUTHORITY: 22 MRSA §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.
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 MRSA §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.
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
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.
AFFECTED PARTIES: All users of radioactive material.

Part D, Standards for Protection Against Radiation
PURPOSE OF THE RULE: Changes to maintain federal compatibility.
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.
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.
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.
AFFECTED PARTIES: All shippers of radioactive materials.


CHAPTER 223: Rules Relating to Tanning Facilities
STATUTORY AUTHORITY: 22 MRSA §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.
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 MRSA §781
PURPOSE OF THE RULE: To modify registration requirements for individuals/companies providing radon testing/mitigation services in Maine.
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 MRSA §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.
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 MRSA §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.
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 MRSA §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.
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 MRSA §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.
AFFECTED PARTIES: Paint manufacturers.
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
CONTACT PERSON: Nora Bowne, Director, Maine WIC Nutrition Program, 11 State House Station, Key Plaza, 286 Water Street, 6th Floor, Augusta, ME 04333. Tel.: (207) 287-3991. E-mail: Nora.Bowne@maine.gov.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 1951
PURPOSE OF THE RULE: describe the procedures and standards for WIC participants, local grantee agencies and WIC authorized vendors.
SCHEDULE FOR ADOPTION: Summer 2008
AFFECTED PARTIES: WIC participants, local grantee agencies and WIC authorized retailers.
CONSENSUS-BASED RULE DEVELOPMENT: Reviewers: WIC Vendor Advisory Council: WIC Local Agency Directors, USDA/FNS Regional Office Staff.

Title 22, Chapter 1687 – Birth Defects Program
STATUTORY AUTHORITY– PL 1999
PURPOSE OF THE RULE: Define reporting requirements, program functions and responsibilities regarding the Birth Defects Program
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.
AFFECTED PARTIES: Licensed health care providers and families.

CHAPTER 467: Maternal and Infant Mortality Review Panel
STATUTORY AUTHORITY: 22 MRSA § 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.
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.
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.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

Division of Infectious Disease

CONTACT PERSON: 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 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 258: Rules for the Control of Notifiable Conditions
STATUTORY AUTHORITY: 22MRSA 802
PURPOSE: To update and clarify Rules for the Control of Notifiable Conditions
AFFECTED PARTIES: Physicians, Physician’s Assistants, and Nurse Practitioners; Medical Laboratories; Healthcare Facilities; Healthcare Administrators; Health Officers; Veterinarians and Veterinary Medical Laboratories

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
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
AFFECTED PARTIES: People living with HIV, Physicians, Physician’s Assistants, Nurse Practitioners

CHAPTER 252: Rules Governing the Implementation of Hypodermic Apparatus Exchange Programs
STATUTORY AUTHORITY: 22 MRSA §1341
PURPOSE: To amend rules to include changes in the law during the 123rd Legislature (LD1786)
AFFECTED PARTIES: People who share needles, people who administer certified needle exchange programs

CHAPTER 276: Rules Governing Influenza Immunizing Agent Distribution Report
STATUTORY AUTHORITY: 22 MRSA §1065
PURPOSE: To adopt rules to govern the implementation of the Influenza Immunizing Agent Distribution Reports required by a law change in the 122nd Legislature (LD 2106), to monitor supply and demand for influenza immunizing agents
AFFECTED PARTIES: Influenza Immunizing Agent Manufacturers and Distributors

Chronic Disease Division

CHAPTER 255: Maine Cancer Registry Rules and Regulations
STATUTORY AUTHORITY: 22 MRSA Section 1402 P.L. 1995, ch. 292
PURPOSE OF THE RULE: To update the Maine Cancer Registry Rules and Regulations to comply with current cancer surveillance standards in several areas. These include, but are not limited to, required reporting procedures, data requests, objectives and confidentiality.
AFFECTED PARTIES: Reporting sources (hospitals, physicians, pathology labs) those requesting data (researchers, agencies and organizations in public health and health care,)and Registry Staff.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned

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: Add the group of women, age 40-49, who are not high risk or symptomatic, as fourth priority and move women, age 35-59, who are symptomatic, as fifth priority under Priority for Program Expenditures (Section 6.0). If Komen grant is not reissued, will need to change Sections 2.1.1.1 and 6.0 eliminating the 35-39 year old age group.
AFFECTED PARTIES: Maine Equal Justice, women in the 35-39 year old age group, physicians and other health practitioners
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned

CHAPTER 708: Rules Relating to the 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.
AFFECTED PARTIES: Participants in the Program and physicians and other health care providers.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned

CHAPTER XXX: Rules regarding Smoking in Workplaces
STATUTORY AUTHORITY: /22/title22sec1580
PURPOSE OF THE RULE: These rules would define where smoking in the workplace is allowed.
AFFECTED PARTIES: General public, businesses
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 295: Dental Services Development and Subsidy
STATUTORY AUTHORITY:
PURPOSE OF THE RULE: These rules define the terms and conditions for the participation in, and receipt of funding for the Dental Services Development and Subsidy Programs as authorized and funded by 22 MRSA § 2127. These rules address the requirements and conditions to which applicants for funds provided through this Section must respond in order to receive the funds.
AFFECTED PARTIES:
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT


Division of Public Health Systems

Office of Public Health Informatics

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.
PURPOSE OF THE RULE: 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.
LISTING OF AFFECTED PARTIES: General public
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

CHAPTER XXX: (New Rulemaking)
STATUTORY AUTHORITY: Not yet determined
PURPOSE OF THE RULE: To allow appropriate, secure, standardized electronic data sharing between State public health data systems and private practitioners; to clean up the ranging diversity of data use and release requirements across public health programs
LISTING OF AFFECTED PARTIES: MCDC programs using public health data systems seeking to share information or system use with the private sector; ID epi; OPHI; Maine HealthInfoNet; Private medical providers
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Not planned yet, but would be required.

Health & Environment Testing Laboratory

CHAPTER 265: Maine Drug Testing Laboratory Rules
STATUTORY AUTHORITY: 26 MRSA sections 681-690 and 22 MRSA section 565 Pursuant to 1990 PL 832
PURPOSE OF THE RULE: To adopt procedural requirements for collection of second specimens in cases of tampering with first specimens, and application of other changes mandated by law, or dictated by current good practice.
LISTING OF AFFECTED PARTIES:
Regulated parties—workplace substance of abuse testing programs.
Benefited parties—workers affected by such programs.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration
SUMMARY: The Department of Human Services has prescribed these rules and regulations for programs and laboratories testing employees and applicants for substances of abuse. The rules are intended to assure that employees and applicants receive reliable and accurate testing, and that privacy rights are protected.

CHAPTER XXX: Rules Concerning Certification of Environmental and Drinking Water Testing Laboratories
STATUTORY AUTHORITY: Pursuant to 1991 PL 499
PURPOSE OF THE RULE: To set standards and requirements for certification of Environmental and Drinking Water laboratories, in order to assure that state agencies utilizing data produced by such laboratories are receiving accurate and reliable results, and to protect Maine people by assuring proper performance of such laboratories.
LISTING OF AFFECTED PARTIES:
Regulated parties—Environmental and Drinking water labs, and other laboratories.
Benefited parties—State agencies and other users of lab data (i.e. the Drinking Water Program and the Department of Environmental Protection) which benefit from accurate analyses of environmental samples, and laboratories (certified and currently not certified) which do environmental testing for compliance purposes.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

CHAPTER XXX: Schedule of Charges for Diagnostic Laboratory of the Department of Human Services – Amendment
STATUTORY AUTHORITY: Pursuant to 22 MRSA 565
PURPOSE OF THE RULE: To amend and revise charges as required by budgetary needs and by law.
LISTING OF AFFECTED PARTIES:
Regulated parties—DHS labs.
Benefited parties—Programs and citizens served.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

Forensic Section Rules

CHAPTER 270: Rules for Sample Collection and Drug Testing in Suspected O.U.I. Cases
STATUTORY AUTHORITY: 29 MRSA Sections 1312 and 1990 PL Chapter 784
PURPOSE OF THE RULE: The rules are intended to assure that subjects are afforded accurate and reliable testing, and that results of such testing will be in compliance with legal requirements for forensic purposes.
LISTING OF AFFECTED PARTIES: The Department of Human Services has prescribed these rules and regulations for Law Enforcement Agencies and laboratories involved in testing of persons suspected of operating under the influence of intoxicating liquor or drugs.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned. Discussions have been taking place for well over a year with other State agencies.

CHAPTER 269: Rules Governing Self-contained Breath Alcohol Testing Equipment
STATUTORY AUTHORITY: 29-A MRSA §2524(6); and 22 MRSA §42(1)
PURPOSE OF THE RULE: All self-contained breath alcohol testing equipment must be approved by the U.S. Department of Transportation as stated in the Federal Register and the State of Maine, Department of Health and Human Services. Each instrument must be tested and approved by the Public Health Laboratory and retested and re-approved semi-annually. Certain procedures are specified for calibration checks and use of self-contained breath alcohol testing equipment.
LISTING OF AFFECTED PARTIES: Law enforcement
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned

CHAPTER 267: Certification Standards for Persons Conducting Blood / Breath Test to Determine Alcohol Level
STATUTORY AUTHORITY: 29 MRSA §1312 (6) and 22 MRSA §42 (1)
PURPOSE OF THE RULE: These rules set forth the qualifications necessary for an individual to be certified by the Department of Human Services to analyze blood and breath samples for alcohol level. Included in the rules are criteria pertaining to proficiency testing, sample procedures, accuracy of analyses, reporting data and continuing certification.
LISTING OF AFFECTED PARTIES: Law enforcement, general public
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

CHAPTER 268: Certification Standards for Persons Drawing Blood to Determine Blood / Alcohol Level
STATUTORY AUTHORITY: 29 MRSA §1312 (6)
PURPOSE OF THE RULE: These rules set forth the technical qualifications and recommendations necessary for an individual to be certified by the Department of Human Services to draw blood for the purpose of determining the blood alcohol concentration.
LISTING OF AFFECTED PARTIES: Law enforcement, general public
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

CHAPTER 266: Certification Standards for Persons Conducting Chemical Analysis for Detection / Identification of Drugs
STATUTORY AUTHORITY: 17-A MRSA §1112 (1) and 22 MRSA §42(1); Pursuant to 17-A MRSA section 1112
PURPOSE OF THE RULE: To amend as needed in response to change in practice or change in law.
LISTING OF AFFECTED PARTIES:
Regulated parties—Chemists analyzing drugs.
Benefited parties—Suspects in cases of alleged possession of drugs and/or Maine citizens, especially those involved either as suspects or victims in OUI situations.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration
SUMMARY: These rules set forth the technical qualifications necessary for an individual to be certified by the Department of Human Services to detect and identify drugs. Included in the rules are criteria pertaining to necessary laboratory facilities and equipment, reference standards, record keeping, security and proficiency testing

CHAPTER XXX: Regulations Regarding Rabies Immunization Requirements for Dog Licensure – Amendment
STATUTORY AUTHORITY: Pursuant to 7 MRSA 3922 (3).
PURPOSE OF THE RULE: To amend requirements for protection of the public health, as regards rabies.
LISTING OF AFFECTED PARTIES:
Regulated parties—Animal (dog) owners
Benefited parties—Maine citizens
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

CHAPTER XXX: Rules Relating to Testing of Private Water Systems for Potentially Hazardous Contaminants – Amendment
STATUTORY AUTHORITY: Pursuant to 22 MRSA §2602-A
PURPOSE OF THE RULE: To amend rules for the protection of public health and/or for compliance with current standards of practice and current hazards.
LISTING OF AFFECTED PARTIES:
Regulated parties—Health and Environmental Testing Lab, and Maine Citizens
Benefited parties—Maine citizens.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration


10-146 - Office of Data, Research, and Vital Statistics

CHAPTER 710: Uniform Anatomical Gift Act
STATUTORY AUTHORITY: 22 MRSA §§ 2901-2911
PURPOSE OF THE RULE: Regulations governing the responsibilities of hospitals and physicians in implementing an act concerning required request for organ donation.
LISTING OF AFFECTED PARTIES:
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

CHAPTER 1: Transportation and Final Disposition of Dead Bodies
STATUTORY AUTHORITY: 22 MRSA §§ 2703, 2843, 2846
PURPOSE: Regulations governing the responsibilities of municipal clerks, funeral directors and authorized persons for transportation and final disposition of dead bodies in Maine.
LISTING OF AFFECTED PARTIES:
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT:

CHAPTER 2: Amendment of Vital Records
STATUTORY AUTHORITY: 22 MRSA §§ 2701-2706, 2761, and 2765
PURPOSE: Regulations governing the responsibilities for correcting or completing data on vital records.
LISTING OF AFFECTED PARTIES: Municipal clerks, Vital Statistics, and the general public.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

CHAPTER 3: Evidence of Legitimation
STATUTORY AUTHORITY: MRSA 22, §2765
PURPOSE: Regulations governing the requirements for new birth certificate after legitimation.
LISTING OF AFFECTED PARTIES: Municipal clerks, Vital Statistics, and the general public.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

CHAPTER 4: Public Access to Vital Records
STATUTORY AUTHORITY: 22 MRSA § 42, as well as 1 MRSA Chapter 13 §401 -§521
PURPOSE: Regulations governing the responsibilities of public access to Vital Records.
LISTING OF AFFECTED PARTIES: General public
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 5: Medical Certification of Cause of Death
STATUTORY AUTHORITY: 22 MRSA §2701, 2842, 3025
PURPOSE: Regulations governing the responsibilities for medical certification of death.
LISTING OF AFFECTED PARTIES: Physicians, General Public
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned

CHAPTER 6: Marriage License and Registration
STATUTORY AUTHORITY: 19-A MRSA §650 - §753 as well as 22 MRSA §2701
PURPOSE: Regulations governing the responsibilities for issuance of a marriage license.
LISTING OF AFFECTED PARTIES: Vital Statistics, municipal clerks, officials and the general public.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

CHAPTER 7: Vital Records Fees
STATUTORY AUTHORITY: 22 MRSA §9
PURPOSE: Regulations governing the cost applied to search, issue, or apply processes to vital records.
LISTING OF AFFECTED PARTIES: Vital Statistics and the general public.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

CHAPTER 8: Release of Restricted Vital Statistics Data
STATUTORY AUTHORITY: 22 MRSA §§ 2701 and 2706
PURPOSE: Regulations governing responsibilities of releasing restricted vital statistics data.
LISTING OF AFFECTED PARTIES: General public, researchers
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned

CHAPTER 9: Delayed Birth Registration
STATUTORY AUTHORITY: 22 MRSA §2764
PURPOSE: Regulations governing responsibilities for filing a delayed record of birth.
LISTING OF AFFECTED PARTIES: Hospitals, physicians
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned

CHAPTER 10: Birth Registration
STATUTORY AUTHORITY: 22 MRSA §§ 2706, 2761-2763
PURPOSE: Regulations governing the registration of live births in Maine.
LISTING OF AFFECTED PARTIES: Hospitals, physicians
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned

CHAPTER 11: Vital Statistics Administration
STATUTORY AUTHORITY: 22 MRSA §§ 2701-2710
PURPOSE: Regulations governing the responsibilities for registration, collection, preservation, amendment, and certification of vital records; the collection of other reports required by this title; and activities related thereto including the tabulation, analysis, publication, and dissemination of vital statistics.
LISTING OF AFFECTED PARTIES: Vital Statistics, municipal clerks, and general public.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration

CHAPTER 12: New (Unnamed)
STATUTORY AUTHORITY: 22 MRSA §2768
PURPOSE: Regulations governing the responsibilities for issuing copies of original sealed birth records to adult adoptee’s as well as contact preference and medical history forms.
LISTING OF AFFECTED PARTIES: Vital Statistics and the general public.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration


Office of Public Health Emergency Preparedness

CHAPTER XXX: Public Health Emergency Executive Orders-- New
STATUTORY AUTHORITY:
PURPOSE: To develop rules to facilitate the response to a public health emergency
LISTING OF AFFECTED PARTIES: Medical providers, emergency responders, general public
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Under consideration


Office of Integrated Access and Support

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: Karen Curtis, Manager, Special Projects, 11 State House Station, Augusta, ME 0433-0011. Tel: (207) 287-3102. E-mail: karen.l.curtis@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): None
CHAPTER 323 (Maine General Assistance Policy Manual): None
CHAPTER 331 (Public Assistance Payments Manual): None
CHAPTER 332 (MaineCare Manual): 234E - SSI COLA Increase 2007
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 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 301: Food Stamp Certification Manual
STATUTORY AUTHORITY: 22 MRSA §3104
PURPOSE: These rules establish requirements for eligibility for the Food Stamp program. The rules will be amended to reflect policy and law changes, including changes resulting from the Farm Bill, 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 §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 and other cash assistance programs. The rules will be amended to reflect policy, law changes, and Action Transmittals 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 and other cash assistance.

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. The rules 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 <i>et seq.</i>
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. The rules 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.


AGENCY UMBRELLA - UNIT NUMBER: 10-144
AGENCY NAME: Office of Audit – MaineCare & Social Services

CONTACT PERSON: Herb Downs, Director, DHHS Audit, 11 State House Station, 442 Civic Center Drive, Augusta, ME 04333. Tel (207) 287-2403.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 50: Maine Uniform Accounting and Auditing Practices for Community Agencies
STATUTORY OR OTHER BASIS: 5 MRSA §1660-H
PURPOSE OF THE RULE: This rule modifies and clarifies the audit and accounting requirements for Community Agencies which receive funding through contracts and grants with the Department of Health & Human Services. This rule will bring the state single audit rules in line with the Federal single audit act
SCHEDULE FOR ADOPTION: April, 2008
AFFECTED PARTIES: Community based agencies that receive contract or grant funding from the Department of Health and Human Services.
CONSENSUS-BASED RULE DEVELOPMENT: No


AGENCY UMBRELLA-UNIT NUMBER:

Licensing Rules within:

10-144: DHHS – General
10-148: Office of Child and Family Services
10-149: Office of Elder Services
14-118: Office of Substance Abuse
14-191: Mental Health & Mental Retardation
14-193: Office of Adult Mental Health
14-197: Office of Adults with Cognitive & Physical Disabilities

AGENCY NAME: Division of Licensing and Regulatory Services

CONTACT PERSON: Catherine M. Cobb, Director, Division of Licensing and Regulatory Services, 11 State House Station, 41 Anthony Avenue, Augusta, ME 04333-0011. Tel: (207) 287-9300. E-mail: catherine.cobb@maine.gov

MEDICAL FACILITIES UNIT

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None by the Medical Facilities Unit.

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 110: Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities.
STATUTORY BASIS: Maine Revised Statutes Title 1, Chapter 13; Title 5, Chapter 375; Title 22 Chapters 1, 405, 958-A, 1666, 1666-A, and 1666-B; Title 32, Chapter 2.
PURPOSE: The rules will implement Resolve 2007, Chapter 324 (Emergency), Resolve 2007, Chapter 80, and Resolve 2007, Chapter 61 by amending provisions including by not limited to: sanctions; license terms up to 24 months; operating with a license; the use of restraints; and review rules governing transfer, discharge and denial of admission or readmission to a nursing facility. The rules will be reviewed to implement the Administrative Processes Oversight Committee [APOC] recommendations, including but not limited deeming for federal regulatory and national accreditation standards to eliminate duplication of regulatory oversight at the state level.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by Nursing Facilities.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 112: Regulations for the Licensing of General and Specialty Hospitals in the State of Maine
STATUTORY BASIS: 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: All chapters within this regulation set will be reviewed and revised as necessary in its entity. The above chapters will be revised by December 2008.
AFFECTED PARTIES: Hospital Other state agencies, 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 BASIS: 22 MRSA Chapter §2141 <i>et seq.</i>
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 December 2008.
AFFECTED PARTIES: Other state agencies, providers and consumers of Home Health Care services.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 125: Regulations Governing the Licensing of Ambulatory Surgical Facilities
STATUTORY BASIS: Public Law, Sec. 1. 22 MRSA 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 December 2008, 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 BASIS: 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 2008 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 December 2008.
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 BASIS: 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 July 2008, 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 Other state agencies, providers and consumers/Patients.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CERTIFICATE OF NEED UNIT

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None by the Certificate of Need Unit.

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

10-144

CHAPTER 503: Maine Certificate of Need Procedures Manual for Health Care Facilities (other than Nursing Care Facilities}
STATUATORY BASIS: 22 MRSA §§ 1, 3, 42(1) and 312.
PURPOSE: The rules will be amended to implement Public Law 2007, Chapter 440 (Emergency Measure), including but not limited to the following provisions: acquisitions of major medical equipment, reviews, and enforcement actions.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES: Hospitals, Health Care Facilities, and patients.
CONSENSUS BASED RULE DEVELOPMENT: Not yet determined.

10-149

SECTION 71 of CHAPTER 5: Certificate of Need for Nursing Facility Level of Care Projects
STATUTORY BASIS: 22 MRSA § 342.
PURPOSE. The rules will be amended to implement Public Law 2007, Chapter 440 (Emergency) , including but not limited to the following provisions: nursing facility MaineCare funding pool, projects that expand current bed capacity, and projects to relocate beds.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES: Other state agencies, providers and consumers of nursing facility care.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

COMMUNITY SERVICES PROGRAMS

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

10-148

CHAPTER 32: Swimming Pool Rules, Child Care Facilities
CHAPTER 33: Swimming Pool Rules, Family Child Care Providers

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

10-144

CHAPTER 117: Regulations Governing the Licensing and Functioning of Adult Day Services Programs
STATUTORY BASIS: 22 MRSA §§ 42, 5106(10), 6203(1), 7802, and 8602.
PURPOSE. The rules will be amended to implement Resolve 2007, Chapter 324 (Emergency), including but not limited to licensing terms of one or two years.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES: Other state agencies, providers and consumers of services provided by Adult Day Services Programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 129: Rules and Regulations Governing In-Home Personal Care and Support Workers.
STATUTORY BASIS: 22 MRSA §1717.
PURPOSE: The rules will be amended to implement Resolve 2007, Chapter 324 (Emergency), including but not limited to: the registration of placement agencies, enforcement authority, and penalties including injunctive relief for operating an unregistered personal care agency or placement agency.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by personal care agencies and placement agencies.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-148

CHAPTER 8: Rules for the Licensure of Shelters for Homeless Children
STATUTORY BASIS: 22 MRSA §§ 7701 <i>et seq.</i> and 8102; 5 MRSA §§ 8001 <i>et seq.</i>
PURPOSE: The rules will be amended to implement Resolve 2007, Chapter 324 (Emergency), including the definition of children to include a person under the age of 21. The amended definition of children aligns licensing rules with MaineCare and the Office of Child and Family Services rules.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by Shelters for Homeless Children.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 9: Rules for the Licensure of Emergency Shelters for Children
STATUTORY BASIS: 22 MRSA §§ 7701 <i>et seq.</i> and 8101; 5 MRSA §§ 8001 <i>et seq.</i>
PURPOSE: The rules will be amended to implement Resolve 2007, Chapter 324 (Emergency), including amending the definition of children to include a person under the age of 21. The amended definition of children aligns licensing rules with MaineCare and the Office of Child and Family Services rules.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by Emergency Shelters for Children.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTERS 18 and 18-A: Rules for the Licensure of Residential Child Care Facilities and Rules for the Licensure of Private Non-Medical Institutions-[PNMI] Residential Child Care Facilities.
STATUTORY BASIS: 22 MRSA §42(1), §8102(1)
PURPOSE: The rules will be amended to implement Resolve 2007, Chapter 324 (Emergency) and Public Law 2007, Chapter 320 (Emergency), including amending the definition of children to include a person under the age of 21 and authorization of adult parents to reside with their children. The amended definition of children aligns licensing rules with MaineCare and the Office of Child and Family Services rules.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by Residential Child Care Facilities and Private Non-Medical Institutions-[PNMI] Residential Child Care Facilities.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 32: Rules for the Licensing of Child Care Facilities.
STATUTORY BASIS: Maine Revised Statutes, Title 22, Chapter 1673.
PURPOSE: The rules will be amended to implement Resolve 2007, Chapter 324 (Emergency), including but not limited to: operating without a license rules, cap on civil penalties, judicial relief for noncompliance, and rules limiting reapplication after a license denial or revocation.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by Child Care Facilities.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 33: Rules for Family Child Care Providers.
STATUTORY BASIS: Maine Revised Statutes, Title 22, Chapter 1673.
PURPOSE: The rules implement Resolve 2007, Chapter 324 (Emergency), by amending provisions including but not limited to: operating without a certificate, cap on civil penalties, judicial relief for noncompliance, and rules limiting reapplication after a license denial or revocation.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by Family Child Care Programs
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-149

CHAPTER 113: Regulations Governing the Licensing of Assisted Housing Programs including Assisted Living Programs, and Residential Care Levels I, II, III and IV and PNMI Levels I, II, III and IV.
STATUTORY BASIS: 5 MRSA §20056; 22 MRSA §§ 7853 and 8102(1)
PURPOSE. The rules will be amended to implement Resolve 2007, Chapter 324 (Emergency), including but not limited to the following provisions: operating without a license, and confidentiality.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES: Other state agencies, providers and consumers of services provided by Assisted Housing Programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

14-118

CHAPTER 5: Regulations for Licensing and Certifying of Substance Abuse Treatment Programs.
STATUTORY BASIS: 5 MRSA §2005(6), 22-A MRSA §205(2)
PURPOSE: The rules will be amended to implement the Administrative Processes Oversight Committee [APOC] recommendations, including the development of core licensing standards for mental health, substance abuse treatment, and children’s residential programs.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by mental health, substance abuse treatment, and children’s residential programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

14-193

CHAPTERS 6 and 6-A: Licensing of Mental Health Facilities and Licensing of Private Non-medical Institutions [PNMI] Mental Health Facilities.
STATUTORY BASIS: 34-B MRSA §§ 3603, 3606
PURPOSE: The rules will be amended to implement the Administrative Processes Oversight Committee [APOC] recommendations, including the development of core licensing standards for mental health, substance abuse treatment, and children’s residential programs.
SCHEDULE FOR ADOPTION: The rules will be revised by December 2008.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by mental health, substance abuse treatment, and children’s residential programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.


AGENCY UMBRELLA – UNIT NUMBER: 10-144
AGENCY NAME: Maine Well Drillers Commission

CONTACT PERSON: David Braley, 11 State House Station, Augusta, Maine 04333. Tel.: 207-287-3194. E-Mail: David.braley@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007 – 2008 RULE-MAKING ACTIVITY:

CHAPTER 232: Maine Well Drillers and Pump Installers Rules
STATUTORY AUTHORITY: 22 MRSA §1689 and §1689A; 32 MRSA §§ 4700E – 4700M
PURPOSE: Address issues that have been raised since last rule update in 2005.
SCHEDULE FOR ADOPTION: Spring of 2008
AFFECTED PARTIES: Licensed well drillers and water pump installers.
Rule development will be consensus based with significant input from potentially affected parties.

Office of MaineCare Services, Division of Policy and Performance

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 113, Transportation Services.

CONSENSUS BASED RULEMAKING: None

EXPECTED RULEMAKING ACTIVITY July 1, 2007- June 30, 2008

CHAPTER 101: MaineCare Benefits Manual: Chapters I, II, III, IV, V, VI, VII, VIII, X and relevant Principles of Reimbursement
STATUTORY AUTHORITY: 22 MRSA §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 MRSA §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 MRSA §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 MRSA §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 MRSA §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 MRSA §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- Free Care Guidelines
STATUTORY AUTHORITY: 22 MRSA (§42, 3173, 1716
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. Two changes for the upcoming year include new requirements for prescriber confidentiality and academic detailing.
AFFECTED PARTIES: Residents of Maine


AGENCY UMBRELLA-UNIT NUMBER: 10-148
AGENCY NAME: 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. E-Mail: virginia.s.marriner@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: N/A

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 25: Rules for the Recording of Interviews of Children
STATUTORY BASIS Title 22 MRSA Subchapter III §4021-4
PURPOSE: To provide guidance to staff in carrying out the legal mandate to audio tape planned interviews with children during the Child Protective Assessment.
SCHEDULE FOR ADOPTION: Winter 2007
AFFECTED PARTIES: Children and families who are the subject of a Child Protection report
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT:

CHAPTER 13: Adoption Assistance
STATUTORY BASIS: Title 18-A
PURPOSE: 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. 2008
AFFECTED PARTIES: Current and potential Adoption Assistance recipient families
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT:

CHAPTER 14: Rules for Levels of Care for Foster Homes, including Multisystemic Treatment Foster Care.
STATUTORY BASIS: 5 MRSA §8052; 22 MRSA §4062
PURPOSE: These rules describe the procedures, requirements, and rates for the Office of Child and Family Services, Division of Child Welfare Levels of Care system.
SCHEDULE FOR ADOPTION Spring 2008
AFFECTED PARTIES: Licensed foster parents, permanency guardianship families, foster children, foster care treatment agencies.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT:

CHAPTER 21: Rules for Provision of Payments for Residential Programs Serving Children
STATUTORY BASIS: Title 22 MRSA sub-c. VII §4062
PURPOSE: To provide reimbursement methods and requirements, within the available funds, to ensure that the payments are reasonable and consistently applied to like programs while meeting the needs of the children in the facility.
SCHEDULE FOR ADOPTION March 2008
AFFECTED PARTIES: Licensed residential programs providing services to clients of the Office of Child and Family Services.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT:


AGENCY UMBRELLA – UNIT NUMBER: 14-118
AGENCY NAME: Office of Substance Abuse, Driver Education and Evaluation Programs

CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist, Eastside Campus – Marquardt Building -3rd Floor, #11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 626-8607. E-mail: linwood.oakes@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 2: Driver Education and Evaluation Programs Procedure Manual
5 MRSA Part 25, c. 521 Sub-ch. I, §20005
5 MRSA Part 25, c. 521, sub-ch. 5, §20072, 20073-B, 20074, 20075, 20076, §20078-A

Section A – Definitions
Purpose: Revise/establish definitions to comply with current practices and make appropriate changes to terms and definitions throughout the document.
Section B – Procedure for Approval of a Driver Education and Evaluation Programs Evaluator and/or Treatment Service Provider
Purpose: 1) Require that all documentation submitted for certification prior to and during on-site inspections is legible; 2) Revise qualifications of those individuals requesting certification as a Community-Based Service Provider-Private Provider to be consistent with Chapter 5, Section 9 – Organizational Structure. 9.1 of the Office of Substance Abuse Regulations for Certifying and Licensing Substance Abuse Treatment Programs; 3) Require Community-Based Service Providers – Programs to maintain documentation of each clinician’s DEEP training completion in personnel files; 4) Require “a minimum of” as opposed to “at least” six hours of DEEP specific training; and 5) Require that Community-Based Service Providers notify DEEP when they discontinue DEEP services.
Section C – The Driver Education Evaluation Program for Clients Under 21 Years of Age at the Time of the Offense (The Under 21 Program)
Purpose: 1) Require clients who complete the education component and elect to enter directly into treatment to make the request prior to entering into the evaluation component; 2) Require the Community-Based Service Provider to have the registration form prior to the second session for those clients referred for evaluation; and, 3) Require clients to show identification prior to entering each DEEP component.
Section D - The Driver Education and Evaluation Program for First Offender Adults, First Offenders Over 21 Years of Age and Multiple Offenders (The Risk Reduction Program)
Purpose: 1) Require clients who complete the education component and elect to enter directly into treatment to make the request prior to entering into the evaluation component; 2) Require the Community-Based Service Provider to have the registration form prior to the second session for those clients referred for evaluation; and, 3) Require clients to show identification prior to entering each DEEP component.
Section E - The Clinical Substance Abuse Evaluation, Second Opinion and Status Update Evaluation
Purpose: 1) Discontinue waiving the evaluation during the first session as a result of agreement between the client and the clinician on a positive finding; 2) Require that the Community-Based Service Provider forward a copy of the acquired discharge summary and aftercare plan for status update evaluations with completion documentation; 3) Clarify that the clinician provides three names of Community-based Service Providers to clients being referred to treatment; 4) Require that all documentation submitted to DEEP Case Management Specialist is legible; and,
5) Require clients to show identification prior to entering each DEEP component.
Section F – Treatment
Purpose: 1) Require that all documentation submitted to DEEP Case Management Specialist is legible; 2) Require that clinicians providing aftercare for clients referred from halfway houses or pre-release centers obtain a discharge summary from the referring program; 3) Require a written plan describing methods and procedures used to ensure confidentiality of client case records while transporting records; and 4) Require clients to show identification prior to entering each DEEP component.
Section G - Completion of Treatment Other Than Driver Education and Evaluation Programs
Purpose: Require the Community-Based Service Provider to have the registration form prior to the second session.
SCHEDULE FOR ADOPTION: January, 2008 – June, 2008
AFFECTED PARTIES: Community-based Service Providers and OUI offenders
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated