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Home > Agendas > 2008-2009 > Department of Health and Human Services

2008-2009 Regulatory Agendas

10, 14, 90-429
Department of Health and Human Services


Note: unless otherwise stated, the umbrella-unit number for the following programs is 10-144.


MAINE CENTER FOR DISEASE CONTROL AND PREVENTION
DIVISION OF ENVIROMENTAL HEALTH
Health Inspection Program
Waste Water Program
Drinking Water Program
Radiation Control Program
Environmental and Occupational Health Program
DIVISION OF FAMILY HEALTH
DIVISION OF INFECTOUS DISEASE
CHRONIC DISEASE DIVISION
DIVISION OF PUBLIC HEALTH SYSTEMS
Office of Public Health Informatics
Health and Environmental Testing Laboratory
Forensic Section Rules
OFFICE OF INTEGRATED ACCESS AND SUPPORT
Eligibility
Support Enforcement and Recovery
Employment and Training
OFFICE OF PUBLIC HEALTH EMERGENCY PREPAREDNESS
DIVISION OF LICENSING AND REGULATORY SERVICES
Certificate of Need Rules
OFFICE OF MAINECARE SERVICES
Division of Policy and Performance
10-146: OFFICE OF DATA, RESEARCH AND VITAL STATISTICS
10-148: OFFICE OF CHILD AND FAMILY SERVICES
90-429: BOARD OF LICENSURE OF WATER TREATMENT PLANT OPERATORS



MAINE CENTER FOR DISEASE CONTROL AND 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 2008-2009 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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

CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, 11 SHS, Augusta, ME 04333-0011; 287-5680; tera.pare@maine.gov

CHAPTER 226: Rules Relating to Cross Connections
STATUTORY AUTHORITY: 22 M.R.S.A. §2612(5)
PURPOSE OF THE RULE: To regulate, control, and prevent the contamination of drinking water by the backflow of water or other liquids, mixtures or substances into the distribution pipes of a public water system from a source or sources other than its intended source.
SCHEDULE FOR ADOPTION: September 2009
AFFECTED PARTIES: All public drinking water systems serving greater than 1,000 people or have an industrial account.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders have already begun, to insure that all parties involved have had the right to state their respective cases. More stakeholder meetings will follow before proposed rule changes are advertised.

CHAPTER 228: Rules Relating to Fluoridation of Public Water Systems
STATUTORY AUTHORITY: 22 M.R.S.A. §2651-A - 2659
PURPOSE OF THE RULE: To regulate the administration of fluoride by any public water system that adjusts the fluoride ion concentration by adding fluoride.
AFFECTED PARTIES: All public drinking water systems that adjust the fluoride ion concentration of their drinking water by adding fluoride.
SCHEDULE FOR ADOPTION: August 2009
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 and 6006-B
PURPOSE OF THE RULE: To implement federal rules for administering the Drinking Water State Revolving Loan Fund to public water systems, establish a prioritization system for distributing funds, outline the process for certifying project eligibility, and administer the environmental review process.
AFFECTED PARTIES: All community public drinking water systems and non-community non-profit public drinking water systems.
SCHEDULE FOR ADOPTION: July 2009
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. §§ 2605, 2611-2613; and 2618.
PURPOSE OF THE RULE: To administer the Safe Drinking Water Act and the Maine Water for Human Consumption Act for all public water systems in Maine.
AFFECTED PARTIES: All public drinking water systems in Maine.
SCHEDULE FOR ADOPTION: June 2009
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: Well Drillers and Pump Installers Rules
STATUTORY AUTHORITY: 5 MRSA §379; 22 M.R.S.A. §1689-A & 2612; 32 MRSA
§4200-H
PURPOSE OF THE RULE: To administer examination and license requirements for well drilling, pump installation and hydro-fracturing, as well as prescribe a code of conduct for well drillers and pump installers
AFFECTED PARTIES: Well drillers and pump installers registered in the State of Maine, as well as public water systems with groundwater sources.
SCHEDULE FOR ADOPTION: May 2009
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.
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. §§ 2605 and 2660-A
PURPOSE OF THE RULE: To regulate the water quality standards associated with bottled water, transport of bulk water, and water vending machines.
AFFECTED PARTIES: Bottled water suppliers, water haulers and vendors.
SCHEDULE FOR ADOPTION: April 2009
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; 22 M.R.S.A. §157-A .
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 and establish procedures for certifying labs by setting minimum criteria for lab operations, performance and administration.
AFFECTED PARTIES: Drinking water labs not approved by the Division of Environmental Health for limited analyses; Wastewater labs not excepted by 38 M.R.S.A §413, and other labs not permitted for exception by memo between DEP and DHHS.
SCHEDULE FOR ADOPTION: March 2009
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

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.
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 ionizing radiation.

Part B, Enforcement Actions, Procedures and Civil Penalties
PURPOSE OF THE RULE: To make minor changes due to name changes and definition changes in other Parts. To maintain compatibility with the other Parts and 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 F, X-Rays in the Healing Arts
PURPOSE OF THE RULE: Revise existing rule to move some definitions to Part A, eliminate instrument standardization and incorporate instrument calibration requirements. Also a fee increase to all x-ray machine registration fees.
AFFECTED PARTIES: All users of x-ray machines.

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 H, Radiation Safety Requirements for Analytical and Other Industrial Radiation Machines
PURPOSE OF THE RULE: Revise existing rule to incorporate definitions specific to this part and incorporate requirements for hand held x-ray machines.
AFFECTED PARTIES: All industrial users of x-ray machines.

Part J, Notices, Instructions and Reports to Workers; Inspections
PURPOSE OF THE RULE: Revise existing rule to incorporate federal rule requirements and maintain compatibility as well as some recent name changes to the department.
AFFECTED PARTIES: All employers using radiation.

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.

Part N, Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Materials
PURPOSE OF THE RULE: Revise existing rule to incorporate definitions used specifically in this part.
AFFECTED PARTIES: All users of naturally occurring radioactive elements.

Part X, Therapeutic X-Ray Machines
PURPOSE OF THE RULE: Revise existing rule to incorporate definitions used in other parts.
AFFECTED PARTIES: All medical users of therapeutic x-ray machines.

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 to prohibit unlimited tanning and other changes in the industry. Specifically to respond to a petition to prohibit tanning of minors, 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 M.R.S.A. §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 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.
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.
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.
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.
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
STATUTORY AUTHORITY: 22 M.R.S.A. §§ 42 and 1951
PURPOSE OF THE RULE: describe the procedures and standards for WIC participants, local grantee agencies and WIC authorized vendors.
AFFECTED PARTIES: WIC participants, local grantee agencies and WIC authorized retailers.

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 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.
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 Screening Program Rules (Updating to include additional tests and program changes.)
STATUTORY AUTHORITY: 22 MRSA §1532 and 1533
PURPOSE: To clarify responsibilities of hospital administration and staff, physicians, "principal birthing attendants", parents and others with regard to the screening of newborn infants for conditions which if untreated can cause mental retardation or early death. These rules address the timing of newborn blood specimen collection, shipment of specimens, parental refusal of tests, conditions to be screened, and records to be maintained, responsibilities for follow-up tests when necessary and the storage and use of leftover specimens.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2009.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER : Newborn Hearing Program Rules
(updating to incorporate audiology reporting requirements and referral for early intervention)
STATUTORY AUTHORITY: 22 MRSA §8825
PURPOSE: To define responsibilities of hospital administration and staff, primary healthcare providers, the Maine Newborn Hearing program, pediatric audiologic providers and others, with regard to the screening of newborn infants for hearing loss and the tracking and follow-up of identified infants. These rules address the documentation of information provided to parents; designation of a contact person in each hospital; timing of hearing screening; parental refusal of hearing screening; types of records to be maintained; data to be reported; responsibilities for follow-up tests when necessary; documentation of results and contact with families.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2009.
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.

CHAPTER 287: Rules for Family Planning Funding
STATUTORY AUTHORITY: 22 MRSA §287
PURPOSE: Requires all funding provided through state government for family planning services comply with the current Federal Title X regulations (in effect on April 6, 1999).
AFFECTED PARTIES: State of Maine and providers of family planning services.


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 2008-2009 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 251: 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 251: Rules Governing Influenza Immunizing Agent Distribution Report
STATUTORY AUTHORITY: 22MRSA §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 M.R.S.A. sections 681-690 and 22 M.R.S.A., 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 M.R.S.A. §2524(6); and 22 M.R.S.A. §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 M.R.S.A. §1312 (6) and 22 M.R.S.A. §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 M.R.S.A. §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 M.R.S.A. §1112 (1) and 22 M.R.S.A. §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 Section 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


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:

CHAPTER 301 (Food Stamp Certification Manual):
154-E - Increase in Income Limits, Maximum Allotments, Standard Deduction, and Excess Shelter Deduction
157-E – Full Standard Utility Allowance (FSUA) Update
CHAPTER 323 (Maine General Assistance Policy Manual): None
CHAPTER 331 (Public Assistance Payments Manual):
82-E – Transitional child Care
CHAPTER 332 (MaineCare Manual):
237-E – Community Spouse Minimum Standard and Shelter Allowance and HIV Waiver Limited Benefit Premiums 2007
241-E – Non-categorical Reinstatement Process
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 2008-2009 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. 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 §§ 4300 to 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


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

DIVISION OF LICENSING AND REGULATORY SERVICES
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

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
10-148 CHAPTER 32. Use of lakes and ponds, Child Care Facilities.
10-148 CHAPTER 33. Use of lakes and ponds, Family Child Care Providers

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

10-144
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 October 2009.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by Nursing Facilities.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-144
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 January 2009.
AFFECTED PARTIES: Hospital Other state agencies, providers and consumers/Patients.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-144
[NEW] CHAPTER 114
. Rules Governing the Reporting of Sentinel Events.
STATUTORY BASIS: 22 M.R.S.A. Chapter 1684; 22 M.R.S.A. §42; 22-A M.R.S.A. §205.
PURPOSE: Replaces the repealed sentinel events reporting portions in 10-144 C.M.R. Chapters 112, 118, 125, and 125. This new free-standing rule will govern sentinel events reporting requirements in Maine.
SCHEDULE FOR ADOPTION: This new rule is scheduled to be adopted by January 2009.
AFFECTED PARTIES: Hospitals, Intermediate Care Facilities for Persons with Mental Retardation, End-Stage Renal Disease Units/Facilities, Ambulatory Surgical Centers/Facilities, other state agencies, providers, consumers, patients.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

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 January 2009.
AFFECTED PARTIES: Other state agencies, providers and consumers of services provided by Adult Day Services Programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-144
CHAPTER 118
. Regulations Governing the Licensing and Functioning of Intermediate Care Facilities for Persons with Mental Retardation.
STATUTORY BASIS: 22 MRSA Chapters 405 and 1684; 22 M.R.S.A. §42; 22-A M.R.S.A. §205.
PURPOSE. The rules will be amended to repeal the sentinel events reporting requirements which will be replaced by a free-standing Sentinel Events Rule.
SCHEDULE FOR ADOPTION: The rules will be revised by January 2009.
AFFECTED PARTIES: Other state agencies, providers and consumers of services provided by intermediate care facilities for persons with mental retardation.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-144
CHAPTER 119
. Regulations Governing the Licensing and Functioning of Home Health Care Services in the State of Maine
STATUTORY BASIS: 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 October 2009.
AFFECTED PARTIES: Other state agencies, providers and consumers of Home Health Care services.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-144
CHAPTER 125
. Regulations Governing the Licensing of Ambulatory Surgical Facilities
STATUTORY BASIS: 22 M.R.S.A. Chapters 405 and 1684; 22 M.R.S.A. §42; 22-A M.R.S.A. §205.
PURPOSE: These rules govern the licensing and functioning of Ambulatory Surgical Facilities in the State of Maine. The rules will be amended to repeal the sentinel events reporting requirements which will be replaced by a free-standing Sentinel Events Rule. Chapter 4.I.3.-Compliance Requirements-Medical Records, 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.
SCHEDULE FOR ADOPTION: The above rule will be revised by October 2009.
AFFECTED PARTIES: Ambulatory surgical facilities, consumers and patients
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-144
CHAPTER 126
. Regulations Governing the Licensing and Functioning of End-Stage Renal Disease Units/Facilities.
STATUTORY BASIS: 22 M.R.S.A. Chapters 412 and 1684; 22 M.R.S.A. §42; 22-A M.R.S.A. §205.
PURPOSE: The rules will be amended to repeal the sentinel events reporting requirements which will be replaced by a free-standing Sentinel Events Rule.
SCHEDULE FOR ADOPTION: The above rule will be revised by January 2009.
AFFECTED PARTIES: Ambulatory surgical facilities, consumers and patients
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-144
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. 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.
SCHEDULE FOR ADOPTION: This rule will be revised by January 2009.
AFFECTED PARTIES: Certified Nursing Assistants, facilities that employ Certified Nursing Assistants, and health care consumers.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-144
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 January 2009.
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.

10-144
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 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). Changes are to be added by January 2009.
AFFECTED PARTIES: Medical Laboratory Other state agencies, providers and consumers/Patients.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-144
CHAPTER 500
. Hospital Cooperation Act Program Manual.
STATUTORY BASIS: 22 M.R.S.A. §42; 22-A M.R.S.A. §205.
PURPOSE: The rules will be amended for better alignment with the Certificate of Need rules. SCHEDULE FOR ADOPTION: The above rule will be revised by January 2009.
AFFECTED PARTIES: Hospitals, consumers and patients
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 et seq. and 8102; 5 MRSA §§ 8001 et seq. 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 January 2009.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by Shelters for Homeless Children.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-148
CHAPTER 9
. Rules for the Licensure of Emergency Shelters for Children.
STATUTORY BASIS: 22 MRSA §§ 7701 et seq. and 8101; 5 MRSA §§ 8001 et seq.
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 January 2009.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by Emergency Shelters for Children.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

10-148
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 January 2009.
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 January 2009.
AFFECTED PARTIES: Other state agencies, providers and consumers of services provided by Assisted Housing Programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

Certificate of Need Rules

10-144
CHAPTER 503
. Maine Certificate of Need Procedures Manual for Health Care Facilities (other than Nursing Care Facilities}
STATUTORY 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 January 2009.
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 January 2009.
AFFECTED PARTIES: Other state agencies, providers and consumers of nursing facility care.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

[New] No Chapter Number and Title

CORE LICENSING STANDARDS RULE. Three licensing and certification rules will be repealed and replaced by this core licensing standards rule.
STATUTORY BASIS: 22 M.R.S.A. §42 and 22-A MRSA §205(2)
PURPOSE: This new rule will 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 adopted by October 2009.
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.

10-148
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: This rule will be repealed and replaced by the new core licensing standards rule for mental health, substance abuse treatment, and children’s residential programs. Incorporated into the new core licensing rule will be PL 2007, Chapter 320 (Emergency), that amends the definition of children to include a person under the age of 21 and authorizes 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: This rule will be repealed by October 2009.
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.

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: This rule will be repealed and replaced by the new core licensing standards rule for mental health, substance abuse treatment, and children’s residential programs.
SCHEDULE FOR ADOPTION: The rules will be repealed by October 2009.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by substance abuse treatment 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 M.R.S.A. 3603, 3606.
PURPOSE: This rule will be repealed and replaced by the new core licensing standards rule for mental health, substance abuse treatment, and children’s residential programs.
SCHEDULE FOR ADOPTION: This rule will be repealed by October 2009.
AFFECTED PARTIES; Other state agencies, providers and consumers of services provided by mental health programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.

CHAPTER 250: 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 249: Rules regarding Smoking in Public Places
STATUTORY AUTHORITY: /22/title22sec1580
PURPOSE OF THE RULE: These rules clarify requirements for compliance with the law (22 M.R.S.A. §1541 et seq.) on smoking in public places.
AFFECTED PARTIES: General public, businesses
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None planned.


OFFICE OF MAINECARE SERVICES, DIVISION OF POLICY AND PERFORMANCE

CONTACT PERSON: Steven R. Davis, Director – Division of Policy, Office of MaineCare Services, 11 State House Station, Augusta, ME 03333-0011. Tel. (207) 287-9371

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER 101 - MaineCare Benefits Manual, Chapter II, Section 65, Mental Health Services, Section 80, Pharmacy Services; Chapters II and III, Section 97, Private Non-Medical Institution Services.

CONSENSUS BASED RULEMAKING: None

EXPECTED RULEMAKING ACTIVITY:

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- Free Care Guidelines
STATUTORY AUTHORITY: 22 M.R.S.A., (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



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



AGENCY UMBRELLA-UNIT NUMBER: 10-148
AGENCY NAME: Office of Child and Family Services

CONTACT PERSON: Virginia S. Marriner, Director, Child Welfare Policy and Practice
DHHS, 2 Anthony Avenue, SHS # 11, Augusta, ME 04333. 207-624-7931. virginia.s.marriner@maine.gov

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

EXPECTED 2008--2009 RULE-MAKING ACTIVITY: List of all rules agency expects to propose between now and October, 2009.

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: Previously scheduled for Winter 2007 – now moved to Winter 2008
AFFECTED PARTIES: Children and families who are the subject of a Child Protection report

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: Previously scheduled Feb. 2008 – now moved to March 2009
AFFECTED PARTIES: Current and potential Adoption Assistance recipient families

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 – Completed – additional revisions Winter 2008
AFFECTED PARTIES: Licensed foster parents, permanency guardianship families, foster children, foster care treatment agencies.

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



AGENCY UMBRELLA – UNIT NUMBER: 90-429
AGENCY Name: Board of Licensure of Water Treatment Plant Operators

Contact Person: Tera Pare, 11 SHS Augusta ME 04333-0011; (207) 287-5680; tera.pare@maine.gov

CHAPTER 1: Rules Relating to Licensure of Water Treatment and Distribution Operators of Public Water Systems
STATUTORY AUTHORITY: 22 M.R.S.A. §§ 2612 (2), 2622-2631
PURPOSE OF THE RULE: To administer licensing requirements for water treatment operators, establish classifications, set license fees and outline complaint procedures.
AFFECTED PARTIES: All community and non-transient public water systems, which are required by federal law to designate licensed operators; any transient public water systems specifically required by the Drinking Water Program to obtain a licensed water operator; and all water treatment operators doing business in the State of Maine.
SCHEDULE FOR ADOPTION: September 2009
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.