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State of Maine

10
Department of Human Services
1998-99 Regulatory Agenda


10-144: General
10-144: Bureau of Health
10-144: Division of Health and Environmental Testing Laboratory
10-144: Division of Health Engineering
10-144: Division of Community and Family Health
10-144: Office of Health Data and Program Management
10-144: Division of Disease Control
10-144: Bureau of Medical Services
10-144: Division of Licensing and Certification
10-144: Bureau of Family Independence
10-146: Office of Research and Vital Statistics
10-149: Bureau of Elder and Adult Services
90-429: Water Treatment Plant Operators' Board
Auditing, Contracting and Licensing Service Center (a joint Center of the Department of Human Services and the Department of Mental Health, Mental Retardation, and Substance Abuse Services)

10-144 - Department of Human Services - General

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: None.

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 351: Maine Child Support Enforcement Manual
STATUTORY AUTHORITY: 19-A M.R.S.A. 101 et seq.
PURPOSE: These rules implement Federal statutes, regulations and action transmittals of the U.S. Department of Health and Human Services and State statutes and establish rules of practice governing the conduct of adjudicatory proceedings of the Division of Support Enforcement and Recovery. They will be amended to reflect policy and law changes with clarifications as necessary.
ANTICIPATED SCHEDULE: Late summer or early fall 1998.
AFFECTED PARTIES: Persons who pay or receive support.


10-144 - Bureau of Health

CONTACT PERSON: Warren Bartlett, Director, State House Station #11, Augusta, ME 04333

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

Add "limited certification", a less stringent program for small private labs performing only the so-called "limited" tests.
Add criteria for diesel range organics and gasoline range organics (DRO/GRO) certification.
Provide for unannounced inspections in the event of a complaint.
Revise microbiology performance evaluation requirements by deleting comparison studies with the H.E.T.L. and requiring subscribing to an approved third party provider.
Update listings of approved methodology.
Incorporate EPA drinking water QC requirements by reference and expand microbiology QC requirements.
Add certification for environmental lead testing through requiring accreditation by a program recognized by the EPA's National Environmental Lead Laboratory Accreditation Program.
Reduce duplication of inspections by providing for accepting certification or accreditation of other agencies.
Revise personnel requirements to conform more closely to the Federal Clinical Laboratory Improvement Amendments (CLIA '88).
Revise proficiency testing requirements to conform more closely to CLIA '88.
Revise exempt tests to conform more closely to CLIA '88.
Revise the health screening laboratory section to allow public screenings for HDL cholesterol.
Remove references to the Maine Medical Laboratory Commission, which no longer exists.
Establish fees for the initial license.
Revise qualification requirements for laboratory directors.
Rules relating to drinking water. (Update of federal requirements to Safe Drinking Water Act 10-144A-CMR 231.)
Rules relating to radiation protection. (Fee increase, additional guidance on licensing 10-144-CMR 220.)
Rules relating to micropigmentation practitioners. (Licensing of persons who perform micropigmentation 10-144A-CMR 211.)
Rules relating to body piercing. (Licensing of persons who perform body piercing on others 10-144A-CMR 209.)
Rules Governing the Implementation of Hypodermic Apparatus Exchange Programs

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 265: Maine Drug Testing Laboratory Rules
STATUTORY AUTHORITY: Pursuant to 1990 PL 832
PURPOSE: To adopt procedural requirements for collection of second specimens in cases of tampering with first specimens, and application of other changes mandated by law, or dictated by current good practice.
ANTICIPATED SCHEDULE: Adoption expected by June of 1999.
AFFECTED PARTIES: Workers affected by such programs.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment concerning testing for certain analytes without a physician's order
STATUTORY AUTHORITY: Pursuant to 1990 PL 665
PURPOSE: To adopt procedures and regulations to promulgate the legislative provision allowing persons to order certain medical laboratory tests without physician referral.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: Clients of such labs.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment regulating Maternal serum alpha-fetoprotein testing
STATUTORY AUTHORITY: Pursuant to 1989 PL 72
PURPOSE: To adopt provisions regulating the performance of this particularly critical test and to ensure that appropriate programmatic support exists to surround the test process.
ANTICIPATED SCHEDULE: Adoption expected by January 31, 1999.
AFFECTED PARTIES: Women undergoing maternal alpha-fetoprotein testing.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment regarding fee schedules for licensure of medical laboratories
STATUTORY AUTHORITY: Pursuant to 1991 PL 591
PURPOSE: To re-establish fees for licensure of medical laboratories, and to establish new fees for such licensure, in accord with law.
ANTICIPATED SCHEDULE: Final rules by October 30, 1999, and subsequent dates.
AFFECTED PARTIES: State citizens.

CHAPTER 256: Maine Medical Laboratory Rules - Amendments to bring Maine rules into compliance with requirements with the Federal Clinical Laboratory Improvement Act of 1988, and other current standards of practice
STATUTORY AUTHORITY: Pursuant to 22 MRSA Section 2011 et. seq.
PURPOSE: To bring Maine's Medical Laboratory regulation into concurrence with Federal standards.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: State citizens, which benefit from quality in laboratory testing and Medical Laboratories, including Independent, Hospital, Health Screening, and Physician Office.

CHAPTER 263: Rules Concerning Certification of Environmental and Drinking Water Testing Laboratories
STATUTORY AUTHORITY: Pursuant to 1991 PL 499
PURPOSE: To set standards and requirements for certification of Environmental and Drinking Water laboratories, in order to assure that state agencies utilizing data produced by such laboratories are receiving accurate and reliable results, and to protect Maine people by assuring proper performance of such laboratories.
ANTICIPATED SCHEDULE: Amendment expected by January 31, 1999 and subsequent dates.
AFFECTED PARTIES: State agencies and other users of lab data (e.g., the Drinking Water Program and the Department of Environmental Protection) which benefit from accurate analyses of environmental samples, and laboratories (certified and currently not certified) which do environmental testing for compliance purposes.

CHAPTER 257: Schedule of Charges for Diagnostic Laboratory of the Department of Human Services - Amendment
STATUTORY AUTHORITY: Pursuant to 22 MRSA 565
PURPOSE: To amend and revise charges as required by budgetary needs and by law.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Programs and citizens served.

CHAPTER 270: Rules for Sample Collection and Drug Testing in Suspected Operating Under the Influence Cases.

CHAPTER 269: Rules Governing Self Contained Breath Alcohol Testing Equipment.

CHAPTER 267: Certification Standards for Persons Conducting Chemical Analysis of Blood and Breath for the Purpose of Determining Blood Alcohol Level.

CHAPTER 268: Certification Standards for Persons Drawing Blood for the Purpose of Determining Blood Alcohol Level.
STATUTORY AUTHORITY: Pursuant to 29 MRSA section 1312 (6).
PURPOSE: To amend the appropriate rules as required by current good practice or as needed to comply with changes in the law.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Chemists, Phlebotomists, DRTs, Law enforcement officers using specified equipment; Maine citizens, especially those involved either as suspects or victims in OUI situations.

CHAPTER 266: Certification Standards for Persons Conducting Chemical Analysis for the Detection and Identification of Drugs - Amendment
STATUTORY AUTHORITY: Pursuant to 17-A MRSA section 1112
PURPOSE: To amend as needed in response to change in practice or change in law.
ANTICIPATED SCHEDULE: Adoption expected by June 10, 1999.
AFFECTED PARTIES: Chemists analyzing drugs; suspects in cases of alleged possession of drugs.

CHAPTER 260: Regulations Regarding Rabies Immunization Requirements for Dog Licensure - Amendment
STATUTORY AUTHORITY: Pursuant to 7 MRSA 3922 (3)
PURPOSE: To amend requirements for protection of the public health, as regards rabies.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Animal (dog) owners; Maine citizens.

CHAPTER 263: Rules Relating to Testing of Private Water Systems for Potentially Hazardous Contaminants - Amendment
STATUTORY AUTHORITY: Pursuant to 22 MRSA Section 2602-A
PURPOSE: To amend rules for the protection of public health and/or for compliance with current standards of practice and current hazards.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Health and Environmental Testing Lab, and Maine Citizens.

CHAPTER 201: Rules Relating To Eating And Lodging Places - To revise these rules to bring them into more agreement with the new Food Code recently released by the U.S. FDA
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2491- 2501
PURPOSE: To update our rules with rules that are more scientifically up-to-date and to conform to these national standards.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Eating establishments in the State of Maine; Citizens of Maine and visitors to the state that use these establishments.

CHAPTER 208: Boys, Girls, Boys and Girls, Day Camps and Primitive and Trip Camping Rules - Amendment concerning staffing requirements at summer youth camps
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2491-2501
PURPOSE: To bring the rules up to date with changes in certification requirements for staff.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Summer youth camps and their staff; Children who attend summer youth camps.

CHAPTER 225: Licensing Suppliers of Compressed Air Used in Self-Contained Breathing Apparatus - Amendment to require testing of air by a third party
STATUTORY AUTHORITY: Pursuant to 22 MRSA 1581-1586
PURPOSE: To provide standards for the accurate testing of air and provide for third party testing.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Dive shops, fire departments, other suppliers of compressed air; SCUBA divers, firemen.

CHAPTER 202: Rules Relating to Swimming Pools and Bathing Beaches - Redraft to update rules for pools and spas
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2661-2669
PURPOSE: To bring rules up to currently accepted standards.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Owners/operators of public swimming pools and public spas; The public using these pools and spa.

CHAPTER 205: Tent and Recreational Vehicle Parks and Wilderness Recreational Parks - Amendment for clarification
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2491-2501
PURPOSE: To update and clarify rules to eliminate some of the problems we have had in reviewing plans for new campgrounds.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Owners/operators of campgrounds; the public using these campgrounds.

CHAPTER : Rules Relating to Smoking in Restaurants
STATUTORY AUTHORITY: Pursuant to 22 MRSA 1579-A
PURPOSE: To upgrade and clarify rules as related to non-smoking areas in restaurants.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Owners/operators of restaurants; the public using the restaurants and the employees working in the dining areas.

CHAPTER 210: Rules Relating to Tattooing - redraft to update rules for tattooing
STATUTORY AUTHORITY: Pursuant to 32 MRSA 4251
PURPOSE: To update these rules to reflect changes in the practice of tattooing and in the protection of public health.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Tattooists; the public who gets tattoos.

CHAPTER 209: Body Piercing Rules
STATUTORY AUTHORITY: Pursuant to 32 MRSA 4326
PURPOSE: To provide health and safety standards for persons engaged in the practice of body piercing.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: People who practice body piercing; the people who get their body pierced.

CHAPTER 211: Micropigmentation Rules
STATUTORY AUTHORITY: Pursuant to 32 MRSA 4313
PURPOSE: To provide standards of practice and education and training standards for the practice of micropigmentation which is also as permanent cosmetics or cosmetic tattooing.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: People who practice micropigmentation; the public who receives cosmetic tattoos.

CHAPTER 241: Maine Subsurface Wastewater Disposal System Rules
STATUTORY AUTHORITY: Pursuant to 22 MRSA 42
PURPOSE: These rules established standards for soil evaluation, design and installation of Subsurface Wastewater Disposal Systems.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999.
AFFECTED PARTIES: Any person, establishment, and/or institution using on-site wastewater disposal for treatment of sewage.

CHAPTER 238: Maine Internal Plumbing Rules
STATUTORY AUTHORITY: Pursuant to 22 MRSA 42
PURPOSE: To re-codify the existing rules for design and installation of plumbing.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999 (A public hearing is required by statute and is scheduled for February 8, 1999).
AFFECTED PARTIES: Any person, establishment and/or institution that installs plumbing for water supply distribution and wastewater drainage of sewage to a public sewer or a subsurface wastewater disposal system.

CHAPTER 245: Maine Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
STATUTORY AUTHORITY: Pursuant to 22 MRSA 42
PURPOSE: These rules established standards of professional conduct and practice related to licensing of Site Evaluators. The department will add enforcement procedures to the rules so Site Evaluators will know what is expected as far as departmental investigations, etc.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999 (Public hearing required by statute scheduled for February 3, 1999).
AFFECTED PARTIES: Approximately 330 individuals are licensed to determine soil suitability and practice the act of performing design for subsurface wastewater disposal systems.

CHAPTER 241: Minimum Lot Size Law Variance Rules
STATUTORY AUTHORITY: Pursuant to 12 MRSA 4807
PURPOSE: This Rule established the provisions for approval of subsurface waste water disposal on lots with less than 20,000 square feet and 100 feet of frontage if the lot abuts a water body.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 1999 (Public hearing required by statute scheduled for February 3, 1999).
AFFECTED PARTIES: Anyone wishing to create a lot not in conformance with 12 MRSA 4807.
The Division of Health Engineering will propose legislation to transfer the administration of this law which primarily deals with zoning to the municipalities.

CHAPTER 231: Adoption of federal drinking water rules (CFR 40 - Parts 141, 142 and 143), amendments and changes thereof effective as of July 1, 1996
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2611 et seq.
PURPOSE: To adopt new federal rules, changes and amendments to existing federal rules to remain current with federally mandated standards. To adopt fee formulas and collection and transfer schedules within Chapter 601 enabling the Drinking Water Program to more effectively administer the Safe Drinking Water Act.
ANTICIPATED SCHEDULE: Adoption expected June 1999.
AFFECTED PARTIES: All public drinking water supplies; Suppliers and consumers of public drinking water.

CHAPTER 232: Redraft rules for clarification and updating
STATUTORY AUTHORITY: Pursuant to 22 MRSA 1689-A
PURPOSE: Update and clarify the present rules.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: Well drillers and pump installers; Public and private users of ground water.

CHAPTER 233: Adoption of changes regarding Maximum Exposure Guidelines and procedures
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2602-A
PURPOSE: Test of Private Water Systems for Potentially Hazardous Contaminants.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: DHS and private residential water supplies; Private residential water supplies.

CHAPTER 231: Amendments to update sections 1 through 10
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2611
PURPOSE: To revise, strengthen and update existing sections of the state drinking water rules. Adopt legislatively mandated MCL for MTBE.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: All public drinking water supplies; Suppliers and consumers of public drinking water.

CHAPTER 231: Amendments to the drinking water rules to provide procedures the Drinking Water Program will follow to conduct environmental reviews
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2611
PURPOSE: The procedures are necessary in order for the U.S. Environmental Protection Agency to provide grant funds to the Drinking Water Program for implementation of the State Revolving Loan fund.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: All public drinking water supplies; Suppliers and consumers of public drinking water.

CHAPTER 235: To revise, strengthen and update existing rules
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2611
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to suppliers of bottled water.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: Bottled water suppliers, water haulers and vendors; Suppliers and consumers of bottled/bulk drinking water.

CHAPTER 226: To revise, strengthen and update existing rules
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2611
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to the state cross connection control program.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: Suppliers of public drinking water; consumers of public drinking water.

CHAPTER 228: State of Maine Rules Relating to Fluoridation of Public Water Systems
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2611
PURPOSE: Establish requirements of public water systems and meet to adjust fluoride in their water.
ANTICIPATED SCHEDULE: Adoption expected by June 1998.
AFFECTED PARTIES: All public drinking water supplies; Suppliers and consumers of public drinking water.

CHAPTER: State of Maine Rules Relating to Wellhead Protection Program
STATUTORY AUTHORITY: Pursuant to Title XIV - Safety of Public Water Systems, Section 1428
PURPOSE: To revise state regulations as well as changes or amendments to existing federal rules to remain current with federally mandated standards.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: All public drinking water supplies using groundwater sources; Suppliers and consumers of public water from groundwater supplies.

CHAPTER 220: Rules Relating to Radiation Protection
STATUTORY AUTHORITY: Pursuant to: 22 MRSA 674
PURPOSE: To incorporate federal rules required under agreement with the U.S. Nuclear Regulatory Commission to regulate radioactive materials, revise regulations for x-ray producing devices, and revise definitions.
ANTICIPATED SCHEDULE:
AFFECTED PARTIES:

CHAPTER: Part A, General Provisions
STATUTORY AUTHORITY:
PURPOSE: To add definitions necessary to maintain compatibility with federal regulations.
ANTICIPATED SCHEDULE: Adoption: June 1, 1999.
AFFECTED PARTIES: Adoption: June 1, 1999.

CHAPTER: Part C, Licensing of Radioactive Material
STATUTORY AUTHORITY:
PURPOSE: To add new requirements regarding irradiators, emergency plans, decommissioning
record keeping, funding and license termination, timeliness in decontamination, self-guarantee as
an additional funding mechanism for decommissioning and transfer of material for medical use.
ANTICIPATED SCHEDULE: Adoption: June 1, 1999.
AFFECTED PARTIES: All users of radioactive material; general public.

CHAPTER: Part D, Standards for Protection Against Radiation
STATUTORY AUTHORITY:
PURPOSE: To add new requirements regarding irradiators (with Part C), respiratory protection, low-
level waste and amend definitions.
ANTICIPATED SCHEDULE: Adoption: June 1, 1999.
AFFECTED PARTIES: All users of radioactive material.

CHAPTER: Part E, Radiation Safety Requirements for Industrial Radiographic Operations
STATUTORY AUTHORITY:
PURPOSE: To add new requirements regarding performance requirements for radiographic equipment.
ANTICIPATED SCHEDULE: Adoption: June 1, 1999.
AFFECTED PARTIES: All users of radioactive material; general public.

CHAPTER: Part G, Use of Radionuclides in the Healing Arts
STATUTORY AUTHORITY:
PURPOSE:
ANTICIPATED SCHEDULE: Adoption: June 1, 1999.
AFFECTED PARTIES: All users of radioactive material; general public.

CHAPTER: Part T, Tanning
STATUTORY AUTHORITY:
PURPOSE: To modify the training and educational requirements of operators and to clarify the
meaning of barriers to protect from direct contact with lamps.
ANTICIPATED SCHEDULE: Adoption: September 1999.
AFFECTED PARTIES: All tanning facilities using ultraviolet lamps; general public.

CHAPTER: Part F, X-rays in the Healing Arts
STATUTORY AUTHORITY:
PURPOSE: To add language regarding the inspection of fluoroscopy facilities, mobile x-ray
machines, Magnetic Resonance Imaging (MRI) facilities, C-arm x-ray machines, Computer Assisted
Tomography (CAT) x-ray machines, radiation therapy facilities, and linear accelerators.
ANTICIPATED SCHEDULE: Adoption: June 1, 1999.
AFFECTED PARTIES: All facilities using x-ray, MRI and radiation therapy equipment; general public who contract such services.

CHAPTER 224: Initial rulemaking concerning registration of radon service providers
STATUTORY AUTHORITY: Pursuant to: 22 MRSA 771
PURPOSE: To modify registration requirements for individuals/companies providing radon testing/mitigation services in Maine.
ANTICIPATED SCHEDULE: Adoption: June 1999.
AFFECTED PARTIES: Radon service providers; general public who contract such services.

CHAPTER : Rules for Inspection of Child Care Facilities and Preschool Facilities
STATUTORY AUTHORITY: 22 MRSA 1319-B
PURPOSE: These rules will define licensing requirements for facilities providing preschool and/or child care.
ANTICIPATED SCHEDULE: July 1998
AFFECTED PARTIES: Operators of child care and preschool facilities.

CHAPTER 216: Rules for Abatement of Environmental Hazards
CHAPTER 290: Rules for Licensure of Lead Inspectors and Lead Abatement Personnel
CHAPTER 291: Rules for Environmental Lead Inspections
STATUTORY AUTHORITY: Pursuant to: 22 MRSA 1314-A
PURPOSE: DEP Chapter 424 (Lead Abatement Regulations) under 38 MRSA, implemented on April 13, 1998, supersedes DHS rules. Therefore, DHS rules will be rescinded.
ANTICIPATED SCHEDULE: January 1999.

CHAPTER 292: Rules for Environmental Lead Investigations
STATUTORY AUTHORITY: Pursuant to: 22 MRSA Chapter 292
PURPOSE: These rules will amend current rules to reflect current state and federal rules and regulations.
ANTICIPATED SCHEDULE: January 1999.
AFFECTED PARTIES: Environmental lead investigators.

CHAPTER: To establish rules for functioning of the Genetics Program which will include newborn screening activities
STATUTORY AUTHORITY: Pursuant to 22 MRSA 1533 and 22 MRSA Chapter 283
PURPOSE: To establish rules which define program functions and responsibilities. These rules would include newborn screening for causes of mental retardation and allow screening newborns for conditions which cause other adverse health affects.
ANTICIPATED SCHEDULE: Adoption: Expected by Oct. 30, 1998.
AFFECTED PARTIES: Hospitals and physicians involved in testing; newborns with positive results.

CHAPTER : To establish rules for functioning of the Genetics Program which will include activities related to birth defects
STATUTORY AUTHORITY: Pursuant to 22 MRSA 1533
PURPOSE: To establish rules which define program functions and responsibilities regarding surveillance of birth defects.
ANTICIPATED SCHEDULE: Adoption: Expected by June 30, 1999.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER 272: Rules Relating to Administration of the Children with Special Health Needs Program
STATUTORY AUTHORITY: Code of Maine Rules, Chapter 272, Chapter 284, and Chapter 285
PURPOSE: To amend/repeal as needed in response to changes in practice or law.
ANTICIPATED SCHEDULE: Adoption: Expected by September 1999.
AFFECTED PARTIES: Hospitals, health care providers; special needs children, families.

CHAPTER: Rule Related to the Funding of Family Planning Services
STATUTORY AUTHORITY: Pursuant to: 22 MRSA Chapter 406
PURPOSE: To require that all General Fund money provided for family planning services must comply with Title X rules and regulations.
ANTICIPATED SCHEDULE: Adoption by June 1999.
AFFECTED PARTIES: Family Planning Association, community based recipients of family planning funding; persons receiving family planning services.

CHAPTER 506: Rule for Implementing the 1985 Amendment to the Maine Medical Compact Act (Dental Care)
STATUTORY AUTHORITY: 20-A MRSA Section 11804-A
PURPOSE: To update and amend/augment the current rules for the Compact Program to align them with the current law(s).
ANTICIPATED SCHEDULE: June, 1999.
AFFECTED PARTIES: The dental provider community and the citizens of Maine.

CHAPTER: Rule Related to Designating Underserved Areas for Physician Specialists
STATUTORY AUTHORITY: 20-A MRSA Section 11804
PURPOSE: Repeals Chapters 507 and 509 and replaces them with a single rule to address all specialty's physicians applying to serve underserved areas/populations in exchange for state loan forgiveness. Presently, a new rule is required for each specialty request, which is a barrier to loan forgiveness.
ANTICIPATED SCHEDULE: Adoption expected by Oct. 1, 1998.
AFFECTED PARTIES: Medically underserved populations, the students through forgiveness for their financial obligations, and the health care providers who are recruiting these physicians.

CHAPTER 258: Amendment to require patient name in the reporting of Human Immunodeficiency Virus (HIV)
STATUTORY AUTHORITY: Pursuant to 22 MRSA, Chapter 258, Sections 801-825
PURPOSE: To require names in the reporting of cases of HIV to improve surveillance of HIV.
ANTICIPATED SCHEDULE: Adoption expected by June of 1999.
AFFECTED PARTIES: Physicians and physician assistants, medical laboratories, Health care facilities, Administrators, Health Officers; Health planning initiatives (state and community), Ryan White grantees and contract agencies.

CHAPTER : Rule Regarding the Establishment of an Immunization Information System
STATUTORY AUTHORITY: Pursuant to: 22 MRSA 1064
PURPOSE: To electronically record immunization histories for Maine State Citizens while reducing paperwork and reporting burdens for Maine State providers of immunizations.
ANTICIPATED SCHEDULE: Adoption: June 1999.
AFFECTED PARTIES: Providers of Maine State and Federally purchased vaccine; Maine state citizens who receive state supplied vaccine and those required to collect immunization histories.

CHAPTER: Rule Regarding the Immunization Requirements for School Children
STATUTORY AUTHORITY: Pursuant to: 20-A MRSA 6352-358
PURPOSE: To include in the current rule the addition of a series of three doses of hepatitis B vaccine, and the inclusion of DTaP vaccine in the Diphtheria/Pertussis/Tetanus requirement, to bring the rule in compliance with current CDC recommendations.
ANTICIPATED SCHEDULE: Adoption: June 30, 1999.
AFFECTED PARTIES: Regulated parties include; school superintendents, parents or guardians of school children, students 18 or older attending Maine secondary schools; students and staff attending or working in Maine secondary schools.

CHAPTER : Rule Regarding the Immunization Requirements for Summer Camps
STATUTORY AUTHORITY:
PURPOSE: To establish a statute and rule regulating summer camps be in compliance with the current standards Maine secondary schools are regulated by.
ANTICIPATED SCHEDULE: Adoption: June 30, 1999.
AFFECTED PARTIES: Summer camp attendees, all staff members, and families of staff members residing on premises; Maine citizens benefit from protection against vaccine-preventable diseases.

CHAPTER : Rule Regarding Immunization Requirements for Nursing Homes
STATUTORY AUTHORITY: Pursuant to: 22 MRSA 802
PURPOSE: To establish a statute and rule regulating nursing home clients and staff be immunized against influenza as per CDC recommendations.
ANTICIPATED SCHEDULE: June 30, 1998.
AFFECTED PARTIES: Nursing home staff members and clients; nursing home staff members, nursing home clients, Maine citizens.

CHAPTER : Rule Regarding Hospital/Health Facility Immunization Requirements
STATUTORY AUTHORITY: 22 MRSA 802
PURPOSE: To establish a three dose hepatitis B requirement and expand the current definition of designated health facility to include home health care agencies.
ANTICIPATED SCHEDULE: June 30, 1999.
AFFECTED PARTIES: Hospital staff members and health facility staff members; Clients and families of clients of hospitals and health facilities, Maine state citizens.

CHAPTER 262: Rule Regarding the Immunization Requirements for Post-Secondary Schools
STATUTORY AUTHORITY: 22 MRSA 6359
PURPOSE: To include a second required dose of MMR vaccine to bring rule into compliance with current CDC recommendations.
ANTICIPATED SCHEDULE: June 30, 1999.
AFFECTED PARTIES: Students attending post-secondary schools within the state of Maine; students attending and staff members of post-secondary schools within Maine,
Maine state citizens.

CHAPTER: Rule Regarding Reimbursement to the State of Maine for Vaccine Excise Tax from Vaccines Provided to Insurance Provider's Clients by the State of Maine from those Health Insurance Providers Operating Within the State of Maine.
STATUTORY AUTHORITY:
PURPOSE: To recover excise tax incurred costs by the State of Maine from insurance providers whose clients receive state supplied vaccine.
ANTICIPATED SCHEDULE: June 30,1999.
AFFECTED PARTIES: Insurance providers operating within the State of Maine; Maine state citizens.


Division of Health and Environmental Testing Laboratory

HETL Administered Rules

Add "limited certification", a less stringent program for small private labs performing only the so-called "limited" tests.
Add criteria for diesel range organics and gasoline range organics (DRO/GRO) certification.
Provide for unannounced inspections in the event of a complaint.
Revise microbiology performance evaluation requirements by deleting comparison studies with the H.E.T.L. and requiring subscribing to an approved third party provider.
Update listings of approved methodology.
Incorporate EPA drinking water QC requirements by reference and expand microbiology QC requirements.
Add certification for environmental lead testing through requiring accreditation by a program recognized by the EPA's National Environmental Lead Laboratory Accreditation Program.
Reduce duplication of inspections by providing for accepting certification or accreditation of other agencies.
Revise personnel requirements to conform more closely to the Federal Clinical Laboratory Improvement Amendments (CLIA '88).
Revise proficiency testing requirements to conform more closely to CLIA '88.
Revise exempt tests to conform more closely to CLIA '88.
Revise the health screening laboratory section to allow public screenings for HDL cholesterol.
Remove references to the Maine Medical Laboratory Commission, which no longer exists.
Establish fees for the initial license.
Revise qualification requirements for laboratory directors.

Maine Drug Testing Laboratory Rules - Amendment concerning specimen collection procedures and specimen tampering
PURSUANT TO 1990 PL 832
PURPOSE: To adopt procedural requirements for collection of second specimens in cases of tampering with first specimens, and application of other changes mandated by law, or dictated by current good practice
ADOPTION expected by June of 1999
REGULATED PARTIES: Workplace substance of abuse testing programs
BENEFITED PARTIES: Workers affected by such programs

Maine Medical Laboratory Rules - Amendment concerning testing for certain analytes without a physician's order
PURSUANT TO 1990 PL 665
PURPOSE: To adopt procedures and regulations to promulgate the legislative provision allowing persons to order certain medical laboratory tests without physician referral
ADOPTION expected by June 1999
REGULATED PARTIES: Independent medical laboratories
BENEFITED PARTIES: Clients of such labs

Maine Medical Laboratory Rules - Amendment regulating Maternal serum alpha-fetoprotein testing
PURSUANT TO 1989 PL 72
PURPOSE: To adopt provisions regulating the performance of this particularly critical test and to ensure that appropriate programmatic support exists to surround the test process
ADOPTION expected by January 31, 1999
REGULATED PARTIES: Medical Laboratories
BENEFITED PARTIES: Women undergoing maternal alpha-fetoprotein testing

Maine Medical Laboratory Rules - Amendment regarding fee schedules for licensure of medical laboratories
PURSUANT TO 1991 PL 591
PURPOSE: To re-establish fees for licensure of medical laboratories, and to establish new fees for such licensure, in accord with law
ADOPTION expected by: Final rules by October 30, 1999, and subsequent dates
REGULATED PARTIES: Medical laboratories
BENEFITED PARTIES: State citizens

Maine Medical Laboratory Rules - Amendments to bring Maine rules into compliance with requirements with the Federal Clinical Laboratory Improvement Act of 1988, and other current standards of practice
PURSUANT TO 22 MRSA Section 2011 et. seq.
PURPOSE: To bring Maine's Medical Laboratory regulation into concurrence with Federal standards
ADOPTION expected by June 1999
REGULATED PARTIES: Medical Laboratories
BENEFITED PARTIES: State citizens, which benefit from quality in laboratory testing and Medical Laboratories, including Independent, Hospital, Health Screening, and Physician Office

Rules Concerning Certification of Environmental and Drinking Water Testing Laboratories
PURSUANT TO 1991 PL 499
PURPOSE: To set standards and requirements for certification of Environmental and Drinking Water laboratories, in order to assure that state agencies utilizing data produced by such laboratories are receiving accurate and reliable results, and to protect Maine people by assuring proper performance of such laboratories
Amendment expected by January 31, 1999 and subsequent dates
REGULATED PARTIES: Environmental and Drinking water labs, and other laboratories
BENEFITED PARTIES: State agencies and other users of lab data (e.g., 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

Schedule of Charges for Diagnostic Laboratory of the Department of Human Services - Amendment
PURSUANT TO 22 MRSA 565
PURPOSE: To amend and revise charges as required by budgetary needs and by law
ADOPTION expected by June 15, 1999
REGULATED PARTIES: DHS labs
BENEFITED PARTIES: Programs and citizens served

Rules for Sample Collection and Drug Testing in Suspected Operating Under the Influence Cases
Rules Governing Self Contained Breath Alcohol Testing Equipment
Certification Standards for Persons Conducting Chemical Analysis of Blood and Breath for the Purpose of Determining Blood Alcohol Level
Certification Standards for Persons Drawing Blood for the Purpose of Determining Blood Alcohol Level
(Amendments)
PURSUANT TO 29 MRSA section 1312 (6)
PURPOSE: To amend the appropriate rules as required by current good practice or as needed to comply with changes in the law
ADOPTION expected by June 15, 1999
REGULATED PARTIES: Chemists, Phlebotomists, DRTs, Law enforcement officers using specified equipment
BENEFITED PARTIES: Maine citizens, especially those involved either as suspects or victims in OUI situations

Certification Standards for Persons Conducting Chemical Analysis for the Detection and Identification of Drugs - Amendment
PURSUANT TO 17-A MRSA section 1112
PURPOSE: To amend as needed in response to change in practice or change in law
ADOPTION expected by June 10, 1999
REGULATED PARTIES: Chemists analyzing drugs
BENEFITED PARTIES: Suspects in cases of alleged possession of drugs

Regulations Regarding Rabies Immunization Requirements for Dog Licensure - Amendment
PURSUANT TO 7 MRSA 3922 (3)
PURPOSE: To amend requirements for protection of the public health, as regards rabies
ADOPTION expected by June 15, 1999
REGULATED PARTIES: Animal (dog) owners
BENEFITED PARTIES: Maine citizens

Rules Relating to Testing of Private Water Systems for Potentially Hazardous Contaminants - Amendment
PURSUANT TO 22 MRSA Section 2602-A
PURPOSE: To amend rules for the protection of public health and/or for compliance with current standards of practice and current hazards
ADOPTION expected by June 15, 1999
REGULATED PARTIES: Health and Environmental Testing Lab, and Maine Citizens
BENEFITED PARTIES: Maine citizens


Division of Health Engineering

Rules relating to drinking water. (Update of federal requirements to Safe Drinking Water Act 10-144A-CMR 231.)
Rules relating to radiation protection. (Fee increase, additional guidance on licensing 10-144-CMR 220.)
Rules relating to micropigmentation practitioners. (Licensing of persons who perform micropigmentation 10-144A-CMR 211.)
Rules relating to body piercing. (Licensing of persons who perform body piercing on others 10-144A-CMR 209.)

Rules Relating To Eating And Lodging Places - To revise these rules to bring them into more agreement with the new Food Code recently released by the U.S. FDA
PURSUANT TO 22 MRSA 2491- 2501
PURPOSE: To update our rules with rules that are more scientifically up-to-date and to conform to these national standards
ADOPTION expected by June 15, 1999
REGULATED PARTIES: Eating establishments in the State of Maine
BENEFITED PARTIES: Citizens of Maine and visitors to the state that use these establishments

Boys, Girls, Boys and Girls, Day Camps and Primitive and Trip Camping Rules - Amendment concerning staffing requirements at summer youth camps
PURSUANT TO 22 MRSA 2491-2501
PURPOSE: To bring the rules up to date with changes in certification requirements for staff
ADOPTION expected by June 15, 1999
REGULATED PARTIES: Summer youth camps and their staff
BENEFITED PARTIES: Children who attend summer youth camps

Licensing Suppliers of Compressed Air Used in Self-Contained Breathing Apparatus - Amendment to require testing of air by a third party
PURSUANT TO 22 MRSA 1581-1586
PURPOSE: To provide standards for the accurate testing of air and provide for third party testing
ADOPTION expected by June 15, 1999
REGULATED PARTIES: Dive shops, fire departments, other suppliers of compressed air
BENEFITED PARTIES: SCUBA divers, firemen

Rules Relating to Swimming Pools and Bathing Beaches - Redraft to update rules for pools and spas
PURSUANT TO 22 MRSA 2661-2669
PURPOSE: To bring rules up to currently accepted standards
ADOPTION expected by June 15, 1999
REGULATED PARTIES: Owners/operators of public swimming pools and public spas
BENEFITED PARTIES: The public using these pools and spa

Tent and Recreational Vehicle Parks and Wilderness Recreational Parks - Amendment for clarification
PURSUANT TO 22 MRSA 2491-2501
PURPOSE: To update and clarify rules to eliminate some of the problems we have had in reviewing plans for new campgrounds
ADOPTION expected by June 15, 1999
REGULATED PARTIES: Owners/operators of campgrounds
BENEFITED PARTIES: The public using these campgrounds

Rules Relating to Smoking in Restaurants
PURSUANT TO 22 MRSA 1579-A
PURPOSE: To upgrade and clarify rules as related to non-smoking areas in restaurants
ADOPTION expected by June 15, 1999
REGULATED PARTIES: Owners/operators of restaurants
BENEFITED PARTIES: The public using the restaurants and the employees working in the dining areas

Rules Relating to Tattooing - redraft to update rules for tattooing
PURSUANT TO 32 MRSA 4251
PURPOSE: To update these rules to reflect changes in the practice of tattooing and in the protection of public health
ADOPTION expected by June 15, 1999
REGULATED PARTIES: Tattooists
BENEFITED PARTIES: The public who gets tattoos

Body Piercing Rules
PURSUANT TO 32 MRSA 4326
PURPOSE: To provide health and safety standards for persons engaged in the practice of body piercing
ADOPTION expected by June 15, 1999
REGULATED PARTIES: People who practice body piercing
BENEFITED PARTIES: The people who get their body pierced

Micropigmentation Rules
PURSUANT TO 32 MRSA 4313
PURPOSE: To provide standards of practice and education and training standards for the practice of micropigmentation which is also as permanent cosmetics or cosmetic tattooing
ADOPTION expected by June 15, 1999
REGULATED PARTIES: People who practice micropigmentation
BENEFITED PARTIES: The public who receives cosmetic tattoos

Maine Subsurface Wastewater Disposal System Rules
PURSUANT TO 22 MRSA 42
PURPOSE: These rules established standards for soil evaluation, design and installation of Subsurface Wastewater Disposal Systems
ADOPTION expected by June 15, 1999
REGULATED PARTIES: Any person, establishment, and/or institution using on-site wastewater disposal for treatment of sewage

Maine Internal Plumbing Rules
PURSUANT TO 22 MRSA 42
PURPOSE: To re-codify the existing rules for design and installation of plumbing
ADOPTION expected by June 15, 1999 (A public hearing is required by statute and is scheduled for February 8, 1999)
REGULATED PARTIES: Any person, establishment and/or institution that installs plumbing for water supply distribution and wastewater drainage of sewage to a public sewer or a subsurface wastewater disposal system

Maine Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
PURSUANT TO 22 MRSA 42
PURPOSE: These rules established standards of professional conduct and practice related to licensing of Site Evaluators. The department will add enforcement procedures to the rules so Site Evaluators will know what is expected as far as departmental investigations, etc.
ADOPTION expected by June 15, 1999 (Public hearing required by statute scheduled for February 3, 1999)
REGULATED PARTIES: Approximately 330 individuals are licensed to determine soil suitability and practice the act of performing design for subsurface wastewater disposal systems

Minimum Lot Size Law Variance Rules
PURSUANT TO 12 MRSA 4807
PURPOSE: This Rule established the provisions for approval of subsurface waste water disposal on lots with less than 20,000 square feet and 100 feet of frontage if the lot abuts a water body
ADOPTION expected by June 15, 1999 (Public hearing required by statute scheduled for February 3, 1999)
REGULATED PARTIES: Anyone wishing to create a lot not in conformance with 12 MRSA 4807

The Division of Health Engineering will propose legislation to transfer the administration of this law which primarily deals with zoning to the municipalities

State of Maine Rules Relating to Drinking Water
Adoption of federal drinking water rules (CFR 40 - Parts 141, 142 and 143), amendments and changes thereof effective as of July 1, 1996
PURSUANT TO 22 MRSA 2611 et seq.
PURPOSE: To adopt new federal rules, changes and amendments to existing federal rules to remain current with federally mandated standards. To adopt fee formulas and collection and transfer schedules within Chapter 601 enabling the Drinking Water Program to more effectively administer the Safe Drinking Water Act.
ADOPTION expected June 1999
REGULATED PARTIES: All public drinking water supplies
BENEFITED PARTIES: Suppliers and consumers of public drinking water

State of Maine Rules Relating to Water Well Drilling
Redraft rules for clarification and updating.
PURSUANT TO 22 MRSA 1689-A
PURPOSE: Update and clarify the present rules
ADOPTION expected by June 1999
REGULATED PARTIES: Well drillers and pump installers
BENEFITED PARTIES: Public and private users of ground water

Rules Relating to: Test of Private Water Systems for Potentially Hazardous Contaminants
Adoption of changes regarding Maximum Exposure Guidelines and procedures
PURSUANT TO 22 MRSA 2602-A
ADOPTION expected by June 1999
REGULATED PARTIES: DHS and private residential water supplies
BENEFITED PARTIES: Private residential water supplies

State of Maine Rules Relating to Drinking Water
Amendments to update sections 1 through 10
PURSUANT TO 22 MRSA 2611
PURPOSE: To revise, strengthen and update existing sections of the state drinking water rules. Adopt legislatively mandated MCL for MTBE
ADOPTION expected by June 1999
REGULATED PARTIES: All public drinking water supplies
BENEFITED PARTIES: Suppliers and consumers of public drinking water

State of Maine Rules Relating to Drinking Water
Amendments to the drinking water rules to provide procedures the Drinking Water Program will follow to conduct environmental reviews
PURSUANT TO 22 MRSA 2611
PURPOSE: The procedures are necessary in order for the U.S. Environmental Protection Agency to provide grant funds to the Drinking Water Program for implementation of the State Revolving Loan fund
ADOPTION expected by June 1999
REGULATED PARTIES: All public drinking water supplies
BENEFITED PARTIES: Suppliers and consumers of public drinking water

Rules Relating to Bottled Water, Bulk Water, and Water Vending Machines
To revise, strengthen and update existing rules
PURSUANT TO 22 MRSA 2611
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to suppliers of bottled water
ADOPTION expected by June 1999
REGULATED PARTIES: Bottled water suppliers, water haulers and vendors
BENEFITED PARTIES: Suppliers and consumers of bottled/bulk drinking water

Cross Connection Rules
To revise, strengthen and update existing rules
PURSUANT TO 22 MRSA 2611
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to the state cross connection control program
ADOPTION expected by June 1999
REGULATED PARTIES: Suppliers of public drinking water
BENEFITED PARTIES: Consumers of public drinking water

State of Maine Rules Relating to Fluoridation of Public Water Systems
Establish requirements of public water systems and meet to adjust fluoride in their water
PURSUANT TO 22 MRSA 2611
ADOPTION expected by June 1998
REGULATED PARTIES: All public drinking water supplies
BENEFITED PARTIES: Suppliers and consumers of public drinking water

State of Maine Rules Relating to Wellhead Protection Program
To establish regulations to administer a voluntary wellhead protection program for groundwater supplies
PURSUANT TO Title XIV - Safety of Public Water Systems, Section 1428
PURPOSE: To revise state regulations as well as changes or amendments to existing federal rules to remain current with federally mandated standards
ADOPTION expected by June 1999
REGULATED PARTIES: All public drinking water supplies using groundwater sources
BENEFITED PARTIES: Suppliers and consumers of public water from groundwater supplies

State of Maine Rules Relating to Licensure of Operators
Adoption of changes regarding licensing of water treatment plant operators
PURSUANT TO 22 MRSA 2601
ADOPTION expected by June 1999
REGULATED PARTIES: All public drinking water supplies
BENEFITED PARTIES: Suppliers and consumers of public drinking water

Rules Relating to Radiation Protection
PURSUANT TO: 22 MRSA 674
PURPOSE: To incorporate federal rules required under agreement with the U.S. Nuclear Regulatory Commission to regulate radioactive materials, revise regulations for x-ray producing devices, and revise definitions

Part A, General Provisions
PURPOSE: To add definitions necessary to maintain compatibility with federal regulations
ADOPTION: June 1, 1999
REGULATED PARTIES: All users of radioactive material

Part C, Licensing of Radioactive Material
PURPOSE: To add new requirements regarding irradiators, emergency plans, decommissioning
record keeping, funding and license termination, timeliness in decontamination, self-guarantee as
an additional funding mechanism for decommissioning and transfer of material for medical use
ADOPTION: June 1, 1999
REGULATED PARTIES: All users of radioactive material
BENEFITED PARTIES: General public

Part D, Standards for Protection Against Radiation
PURPOSE: To add new requirements regarding irradiators (with Part C), respiratory protection, low-level waste and amend definitions
ADOPTION: June 1, 1999
REGULATED PARTIES: All users of radioactive material

Part E, Radiation Safety Requirements for Industrial Radiographic Operations
PURPOSE: To add new requirements regarding performance requirements for radiographic equipment
ADOPTION: June 1, 1999
REGULATED PARTIES: All users of radioactive material
BENEFITED PARTIES: General public

Part G, Use of Radionuclides in the Healing Arts
PURPOSE: Revise existing rule to incorporate federal rule requirements for preparation and transfer
of byproduct (radioactive fission product) material and administration of radiation and/or
radioactive material
ADOPTION: June 1, 1999
REGULATED PARTIES: All users of radioactive material
BENEFITED PARTIES: General public

Part T, Tanning
PURPOSE: To modify the training and educational requirements of operators and to clarify the meaning of barriers to protect from direct contact with lamps
ADOPTION: September 1999
REGULATED PARTIES: All tanning facilities using ultraviolet lamps, and involved with the maintenance
and safe operation of the facility
BENEFITED PARTIES: General public

Part F, X-rays in the Healing Arts

PURPOSE: To add language regarding the inspection of fluoroscopy facilities, mobile x-ray machines, Magnetic Resonance Imaging (MRI) facilities, C-arm x-ray machines, Computer Assisted Tomography (CAT) x-ray machines, radiation therapy facilities, and linear accelerators
ADOPTION: June 1, 1999
REGULATED PARTIES: All facilities using x-ray, MRI and radiation therapy equipment
BENEFITED PARTIES: General public who contract such services

Radon Registration Rules
Initial rulemaking concerning registration of radon service providers
PURSUANT TO: 22 MRSA 771
PURPOSE: To modify registration requirements for individuals/companies providing radon testing/mitigation services in Maine
ADOPTION: June 1999
REGULATED PARTIES: Radon service providers
BENEFITED PARTIES: General public who contract such services


Division of Community and Family Health

Genetics Program Rules - To establish rules for functioning of the Genetics Program which will include newborn screening activities
PURSUANT TO 22 MRSA 1533 and 22 MRSA Chapter 283
PURPOSE: To establish rules which define program functions and responsibilities. These rules would include newborn screening for causes of mental retardation and allow screening newborns for conditions which cause other adverse health affects
ADOPTION: Expected by Oct. 30, 1998
REGULATED PARTIES: Hospitals and physicians involved in testing
BENEFITED PARTIES: Newborns with positive results

Rules Relating to Administration of the Children with Special Health Needs Program
PURSUANT TO: Code of Maine Rules, Chapter 272, Chapter 284, and Chapter 285
PURPOSE: To amend/repeal as needed in response to changes in practice or law
ADOPTION: Expected by September 1999
REGULATED PARTIES: Hospitals, health care providers
BENEFITED PARTIES: Special needs children, families

Rule Related to the Funding of Family Planning Services
PURSUANT TO: 22 MRSA Chapter 406
PURPOSE: To require that all General Fund money provided for family planning services must comply with Title X rules and regulations
ADOPTION by June 1999
REGULATED PARTIES: Family Planning Association, community based recipients of family planning funding
BENEFITED PARTIES: Persons receiving family planning services


Office of Health Data and Program Management

Rule on Marriage License and Registration
PURSUANT TO: 19 MRSA Chapter 23
PURPOSE: Minor revisions are needed to clarify some of its provisions and to bring it into conformance with 19-A MRSA Chapter 23
ADOPTION expected by June 1999
REGULATED PARTIES: Municipal Clerks, Vital Records Unit
BENEFITED PARTIES: Maine citizens

Rule Related to the Signing of Death Certificates
PURSUANT TO: 22 MRSA 2846
PURPOSE: To clarify who may sign death certificates
ADOPTION expected by June 1999
REGULATED PARTIES: Signers of death certificates
BENEFITED PARTIES: Maine citizens

Rule Related to Designating Underserved Areas for Physician Specialists
STATUTORY BASIS: 20-A MRSA Section 11804
PURPOSE OF THE RULE: Repeals Chapters 507 and 509 and replaces them with a single rule to address all specialty's physicians applying to serve underserved areas/populations in exchange for state loan forgiveness. Presently, a new rule is required for each specialty request, which is a barrier to loan forgiveness
ADOPTION expected by Oct. 1, 1998
REGULATED PARTIES: Communities
POTENTIALLY BENEFITED AND REGULATED PARTIES: Medically underserved populations, the students through forgiveness for their financial obligations, and the health care providers who are recruiting these physicians


Division of Disease Control

CHAPTER 251: Rules Governing Rabies Management
STATUTORY AUTHORITY: 22 MRSA 1313, 1313-A, 1313-B and 1313-C
PURPOSE: Due to statutory changes enacted in 1998, the rules were updated to reflect these changes. Other non-substantive changes consisted of grammatical and consolidation improvements. None of these changes were anticipated with the original regulatory agenda was devised. Rabies control is an evolutionary process and will continue to be as the epidemic in Maine continues.

Rules for the Control of Notifiable Conditions - Amendment to require patient name in the reporting of Human Immunodeficiency Virus (HIV)
PURSUANT TO 22 MRSA, Chapter 258, Sections 801-825
PURPOSE: To require names in the reporting of cases of HIV to improve surveillance of HIV Disease
ADOPTION expected by June of 1999
REGULATED PARTIES: Physicians and physician assistants, medical laboratories, Health care facilities, Administrators, Health Officers
BENEFITED PARTIES: Health planning initiatives (state and community), Ryan White grantees and contract agencies

Rules Governing the Implementation of Hypodermic Apparatus Exchange Programs
PURSUANT TO 22 MRSA, Chapter 252-A
PURPOSE: To establish requirements for hypodermic apparatus exchange programs
ADOPTION expected by June of 1999
REGULATED PARTIES: Organizations which operate hypodermic apparatus exchange programs
BENEFITED PARTIES: clients of hypodermic apparatus exchange programs

Rule Regarding the Establishment of an Immunization Information System
PURSUANT TO: 22 MRSA 1064
PURPOSE: To electronically record immunization histories for Maine State Citizens while reducing paperwork and reporting burdens for Maine State providers of immunizations
ADOPTION: June 1999
REGULATED PARTIES: Providers of Maine State and Federally purchased vaccine
BENEFITED PARTIES: Maine state citizens who receive state supplied vaccine and those required to collect immunization histories

Year of 1998

Rule Regarding the Immunization Requirements for School Children
PURSUANT TO: 20-A MRSA 6352-358
PURPOSE: To include in the current rule the addition of a series of three doses of hepatitis B vaccine, and the inclusion of DTaP vaccine in the Diphtheria/Pertussis/Tetanus requirement, to bring the rule in compliance with current CDC recommendations
ADOPTION: June 30, 1999
REGULATED PARTIES: Regulated parties include; school superintendents, parents or guardians of school children, students 18 or older attending Maine secondary schools
BENEFITED PARTIES: Students and staff attending or working in Maine secondary schools

Rule Regarding the Immunization Requirements for Summer Camps
PURSUANT TO:
PURPOSE: To establish a statute and rule regulating summer camps be in compliance with the current standards Maine secondary schools are regulated by
ADOPTION: June 30, 1999
REGULATED PARTIES: Summer camp attendees, all staff members, and families of staff members residing on premises
BENEFITED PARTIES: Maine citizens benefit from protection against vaccine-preventable diseases

Rule Regarding Immunization Requirements for Nursing Homes
PURSUANT TO: 22 MRSA 802
PURPOSE: To establish a statute and rule regulating nursing home clients and staff be immunized against influenza as per CDC recommendations
ADOPTION: June 30, 1998
REGULATED PARTIES: Nursing home staff members and clients
BENEFITED PARTIES: Nursing home staff members, nursing home clients, Maine citizens

Rule Regarding Hospital/Health Facility Immunization Requirements
PURSUANT TO: 22 MRSA 802
PURPOSE: To establish a three dose hepatitis B requirement and expand the current definition of designated health facility to include home health care agencies
ADOPTION: June 30, 1999
REGULATED PARTIES: Hospital staff members and health facility staff members
BENEFITED PARTIES: Clients and families of clients of hospitals and health facilities, Maine state citizens

Rule Regarding the Immunization Requirements for Post-Secondary Schools
PURSUANT TO: 22 MRSA 6359
PURPOSE: To include a second required dose of MMR vaccine to bring rule into compliance with current CDC recommendations
ADOPTION: June 30, 1999
REGULATED PARTIES: Students attending post-secondary schools within the state of Maine
BENEFITED PARTIES: Students attending and staff members of post-secondary schools within Maine, Maine state citizens

Rule Regarding Reimbursement to the State of Maine for Vaccine Excise Tax from Vaccines Provided to Insurance Provider's Clients by the State of Maine from those Health Insurance Providers Operating Within the State of Maine
PURSUANT TO:
PURPOSE: To recover excise tax incurred costs by the State of Maine from insurance providers whose clients receive state supplied vaccine
ADOPTION: June 30,1999
REGULATED PARTIES: Insurance providers operating within the State of Maine
BENEFITED PARTIES: Maine state citizens


Bureau of Medical Services

CONTACT PERSON: Christine Zukas-Lessard, Director, Policy Development Division, 11 State House Station, Augusta, ME 03333-0011, Tel. (207) 624-5518

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: Maine Medical Assistance Manual, Chapter II and Chapter III Sections 65,

EXPECTED 1998-1999 RULEMAKING ACTIVITY:

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

REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF SKILLED NURSING FACILITIES AND INTERMEDIATE CARE FACILITIES
STATUTORY AUTHORITY: MRSA, Title 1, Chapter 13, Sections 401, 402, 407-408; Title 22, Chapter 1, Sections 3, 6, 42 and 47; Chapter 405, Sections 1811-1818, 1820, 1822 and 1824-1830; Chapter 958-A, Sections 3477-3479; Chapter 1666, Sections 7921-7925; Chapter 166A, Sections 7931-7938; Chapter 1666B, Sections 7941-7949; Chapter 1678, Sections 8551-8552; Title 32, Chapter 2, Sections 61 and 7905
PURPOSE: Chapters 1 through 23 of these regulations are currently being revised and rewritten. A Memorandum of Agreement between the Department of Human Services and the Maine Health Care Association was signed by Commissioner Concannon on 1/30/98. This agreement includes a recommendation that DHS, in consultation with the Maine Health Care Association, conduct a review of the licensing rules and eliminate requirements that are not critical to consumer health and safety. Representatives from the Maine Hospital Association, the provider community, Legal Services for the Elderly and the Long Term Care Ombudsman Program are included in this review.
ANTICIPATED SCHEDULE: The anticipated date for submission of proposed rules is December 1998.
AFFECTED PARTIES: Nursing facility residents, nursing facility providers, Long Term Care Ombudsman Program, Legal Services for the Elderly

REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF HOME HEALTH CARE SERVICES
STATUTORY AUTHORITY: 22 MRSA, Section 2141 et. seq.
PURPOSE: These regulations describe the minimum requirements for the licensing of home health agencies. It also functions as the standard of care for Maine's citizens in need of home health services. They will be amended to comply with Federal changes and to update standards of care 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 the 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: Home health providers, consumers and managed care organization

REGULATIONS FOR THE LICENSURE OF GENERAL AND SPECIALTY HOSPITALS IN THE STATE OF MAINE
STATUTORY AUTHORITY: 22 MRSA 1964M Sections 1811, 1813-1817 and 1820
PURPOSE: These regulations govern the licensing of general and specialty hospitals in the state of Maine. The regulations will be amended to comply with Federal changes, statutory changes and to reflect current health care standards or practices as needed.
ANTICIPATED SCHEDULE: It is not possible to predict when all of the changes will be made to these regulations because of the nature of the 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: Hospitals, consumers, managed care provided

REGULATIONS FOR LICENSING AND FUNCTIONING OF ASSISTED LIVING FACILITIES
STATUTORY AUTHORITY: Title 22, Chapter 405, Sections 1812-C, 1812-G; Chapter 413, Section 2053; Chapter 1453, Section 5107-A; Chapter 1663, Sections 7801-7802; Chapter 1665, Sections 7901-A, 7901-B, 7901-C, 7902-A, 7903, 7904-A, 7904-B, 7914, 7915; Chapter 1666, Section 7922; Title 32, Chapter 31, Section 2102
PURPOSE: These rules govern the licensing and functioning of assisted living facilities. They will be amended to include regulations for adult day services programs located in assisted living facilities.
ANTICIPATED SCHEDULE: It is anticipated that the necessary changes will be made by October 1998.
AFFECTED PARTIES: Assisted living services providers and consumers.

REGULATIONS GOVERNING THE LICENSING OF ADULT FAMILY CARE HOMES
STATUTORY AUTHORITY: MRSA 22
PURPOSE: These rules govern the licensing of Adult Family Care Homes. They will be amended to remove the restriction on having Adult Family Care Homes within 1500 feet of one another, remove the limit on one provider owning no more than two homes, and increase the allowable bed capacity to six per home.
ANTICIPATED SCHEDULE: It is anticipated that the necessary changes will be made by October 1998.
AFFECTED PARTIES: All current and prospective Adult Family Care Home providers and consumers.

REGULATIONS GOVERNING THE LICENSING OF ADULT DAY SERVICES PROGRAMS
STATUTORY AUTHORITY: Title 22, Chapter 958-A, Sections 3470-3487; Chapter 1505, Sections 6201-6209; Chapter 1663, Sections 7801-7804; Chapter 1665, Section 5107-A; Chapter 1679, Sections 8601-8605
PURPOSE: These rules govern the licensing and functioning of Adult Day Services Programs. They will be amended to include licensure only for Adult Day Services Programs that are not located in an Assisted Living Facility of long term care facility.
ANTICIPATED SCHEDULE: It is anticipated that the necessary changes will be made by October 1998.
AFFECTED PARTIES: All providers and consumers of Adult Day Services Programs

MAINE'S DRUGS FOR THE ELDERLY PROGRAM
STATUTORY AUTHORITY: 22 M.R.S.A. Chapter 254
PURPOSE: These rules govern the operation of Maine's State-funded drug program for certain eligible elderly individuals. They will be amended to conform to State legislation or to implement State-initiated changes to correct problems identified through monitoring of the program.
ANTICIPATED SCHEDULE: It is not possible to predict when changes will be made to the above regulations because of the nature of this policy. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Elderly individuals found eligible for this program as well as pharmacies.

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

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


Division of Licensing and Certification

The Division of Licensing and Certification wants to remove speech and hearing agencies from licensed Home Health Care Services agencies in Maine.


Bureau of Family Independence

CONTACT PERSON: Susan L. Dustin, Director, Policy and Programs, 11 State House Station, Augusta, ME 0433-0011. Tel: (207) 287-3104

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
Chapter 301 (Food Stamp Certification Manual): None
Chapter 323 (Maine General Assistance Policy Manual): None
Chapter 331 (Public Assistance Payments Manual):
Alternative Aid Assistance, Assets, Income, Lump-Sum and TANF-UP Eligibility
Updating the Federal Poverty Income Guidelines
Chapter 332 (Medicaid Eligibility Manual):
Income and Asset Exclusion for AFDC-Related Medicaid
1998 Federal Poverty Levels
Chapter 607 (ASPIRE/TANF Program Rules): None
Chapter 608 (ASPIRE/JOBS Program - Purchase of Service Contracts): None
Chapter 609 (ASPIRE/JET PROGRAM RULES): None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 301: Food Stamp Certification Manual
STATUTORY AUTHORITY: 22 M.R.S.A. 3104
PURPOSE: These Rules establish requirements for eligibility for the Food Stamp changes. They will be amended to reflect policy and law changes as well as to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals who receive Food Stamps or apply for Food Stamp benefits.

CHAPTER 323: Maine General Assistance Policy Manual
STATUTORY AUTHORITY: 22 M.R.S.A. 4323
PURPOSE: These rules establish overall requirements for eligibility for General Assistance program. Rules are further delineated by municipal ordinances. These rules will be amended to reflect policy and law changes as well as to clarify rules already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals who apply for or receive General Assistance benefits.

CHAPTER 331: Public Assistance Payments Manual
STATUTORY AUTHORITY: 22 M.R.S.A. 3741
PURPOSE: These rules establish overall requirements for eligibility for the Temporary Assistance for Needy Families program. The will be amended to reflect policy and law changes as well as to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Families who apply for or receive Temporary Assistance for Needy Families benefits.

CHAPTER 332: Medicaid Eligibility Manual
STATUTORY AUTHORITY: 22 M.R.S.A. 3173
PURPOSE: These rules establish requirements for eligibility for Maine's Medicaid, Cub Care, and State Supplement to Supplemental Security Income programs. They will be amended to reflect changes in law and policy and to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals and families applying for or receiving Medicaid, Cub Care or State Supplement benefits.

CHAPTER 607: ASPIRE/TANF Program rules
STATUTORY AUTHORITY: 22 M.R.S.A. 3781-A
PURPOSE: These rules establish requirements for participants in the ASPIRE program who are receiving Temporary Assistance for Needy Families benefits. They will be amended to reflect changes in law and policy and to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals participating in the ASPIRE/TANF program.

CHAPTER 608: ASPIRE/JOBS PROGRAM - Purchase of Service Contracts
STATUTORY AUTHORITY: 22 M.R.S.A. 3781-A
PURPOSE: These rules establish the guidelines for contracts purchasing services for ASPIRE participants.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to August, 1999.
AFFECTED PARTIES: Agencies contracting with the Department of Human Services to provide services to ASPIRE participants.

CHAPTER 609: ASPIRE/JET PROGRAM RULES
STATUTORY AUTHORITY: 22 M.R.S.A. 3104
PURPOSE: These rules establish requirements for participants in the ASPIRE program who are receiving Food Stamp benefits. They will be amended to reflect changes in law and policy and to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals participating in the ASPIRE program who are receiving Food Stamp benefits.


10-146 - Office of Research and Vital Statistics

CHAPTER 6: Rule on Marriage License and Registration
STATUTORY AUTHORITY: 19 MRSA Chapter 23
PURPOSE: Minor revisions are needed to clarify some of its provisions and to bring it into conformance with 19-A MRSA Chapter 23.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: Municipal Clerks, Vital Records Unit; Maine citizens.

CHAPTER 5: Rule Related to the Signing of Death Certificates
STATUTORY AUTHORITY: Pursuant to: 22 MRSA 2846
PURPOSE: To clarify who may sign death certificates.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: Signers of death certificates; Maine citizens.


10-149 - Bureau of Elder and Adult Services

CONTACT PERSON: Christine Gianopoulos, Director, Bureau of Elder and Adult Services, Department of Human Services, 11 State House Station - 35 Anthony Avenue, Augusta, ME 04333-0011. Phone 207/624-5335. FAX 207/624-5361.

The Bureau of Elder and Adult Services expects to propose additions or revisions to the rules itemized below and to establish a new rule in a separate chapter covering Certificate of Need for Long-term Care.

  1. Bureau of Elder and Adult Services (BEAS) Rules to be affected:
    10-149-CMR Chapter 5, BEAS Policy Manual
    10-149-CMR Chapter 3, BEAS Fiscal Policy Manual
  2. Statutory or other basis for adoption of rules:
    Public Law 89-73 Older Americans Act of 1965, As Amended
    Title 45, CFR: Parts 16,74 80 81 84 90 100 and 1321
    Title V, CFR: Part 900, subpart F
    Priority Social Services Program, 22 MRSA, c.1501 and 1503
    Protective Services Act, 22 MRSA, Sections 3470-3492
    Maine Probate Code, 18-A MRSA, Section 5-101 et seq.
    In-Home and Community Support Services for Adults with Long-term Care Needs, 22-MRSA, Subtitle 5, c.1621 and 1623
  3. Purpose of the rules:
    To provide basic requirements for operation of social service programs for the elderly and for adults in guardianship or in need of protection pursuant to legislative and other state and federal mandates.
  4. Contemplated schedule for adoption of the changes:
    The Bureau of Elder and Adult Services anticipates adding to and revising selected parts of its policy manual and the whole of its Fiscal Policy Manual and establishing a new rule for Certificate of Need for Long-term Care during SFY 99.
  5. Potentially benefited and regulated parties: Elderly consumers and their families; adults in need of protection and their families; adults in guardianship; providers of services - nursing, residential care and assisted living facilities; home health, homemaker and personal care assistance agencies; licensed nurses and unlicensed assistive personnel.

90-429 - Water Treatment Plant Operators' Board

CHAPTER 90-429: State of Maine Rules Relating to Licensure of Operators
STATUTORY AUTHORITY: Pursuant to 22 MRSA 2601
PURPOSE: Adoption of changes regarding licensing of water treatment plant operators.
ANTICIPATED SCHEDULE: Adoption expected by June 1999.
AFFECTED PARTIES: All public drinking water supplies; Suppliers and consumers of public drinking water.


10 - Department of Human Services
14 - Department of Mental Health, Mental Retardation and Substance Abuse Services
Auditing, Contracting and Licensing Service Center


Community Services Block Grant Program
22 MRSA 5329
propose to:
(1) modify the funding formula;
(2) clarify the designated authority

Head Start Program Rules
22 MRSA 5312
propose to clarify the designated authority

Purchase of Service Policy Manual
Chapter 1473, Title 22
propose to:
(1) add new day care voucher policy
(2) add new determination of family income criteria
(3) updating the policy

AIDS Drug Reimbursement Program
P.L. 100-71, Section 319
propose to:
(1) update categories of drugs
(2) revise client eligibility

AIDS/HIV Case Management Program Standards
5 MRSA 19205 and 22 MRSA 42
propose to revise the standards

Chapter 51: Guidelines for Department Grants/Contracts and Appeal of Decisions
propose to repeal Chapter 51 - they conflict with Chapter 110 and 120. The Department of Administration and Financial Services/Bureau of Purchases overrides our policy.

Child and Adult Care Food Program Policy Manual
22 MRSA, Chapter 1423, Section 5308
propose to update policy due to major changes in the Child and Adult Care Food Program at the federal level as a result of Welfare Reform.


There is a Licensing Task Force in the process of looking at the following rules. They have been asked to recommend changes that simplify or clarify existing regulations, eliminate outdated regulations, and add new regulations mandated by recent law or policy changes.

Rules for the Licensure of Residential Child Care Facilities
22 MRSA 8101, 8001, 8104

Rules Providing for the Licensing of Child Placing Agencies with and without Adoption Programs
22 MRSA 8202

Regulations for Licensing/Certifying of Alcohol and Drug Treatment Programs in the State of Maine
5 MRSA 20005, 20024, 20075

Mental Health Agency Licensing Standards
34-B MRSA 3603, 3606,

Rules for the Licensing of Emergency Shelters for Children
22 MRSA 7701, 8101

Rules for the Licensure of Shelters for Homeless Children
22 MRSA 7701, 8102

Rules for the Licensing of Children's Day Care Facilities
22 MRSA 8302-A, 8303-A

Rules for the Licensing of Small Facilities (at this time small facilities are covered in the Children's Day Care Facilities - the plan is to take those pieces out and create their own rules)

Rules for Home Day Care Providers
22 MRSA 8302-A, 8303-A

Rules for the Licensing of Children's Day Care Facilities
Rules for the Licensing of Small Facilities
Rules for Home Day Care Providers

Child Care Licensing has proposed changes to two sets of rules and creation of rules governing the licensing of small facilities.

REGULATED PARTIES: All persons under these rules will be affected by the change. Regulated parties include Children's Day Care Facilities, Small Facilities, currently licensed under Children's, Day Care Facilities, and Home Day Care Providers. These programs exist statewide and all future applicants for licensure and certification will be affected.

BENEFITED PARTIES: Parties that will benefit include all licensed and certified child care facilities, and recipients of services at these programs as well as state agencies responsible for licensing, contracting and or funding these programs. Other beneficiaries include future applicants, all other parties that have an interest in understanding the regulatory process for various reasons, such as advocates, the legislature, other interested parties.

EMERGENCY RULES ADOPTED: The rules were not submitted as an emergency rule change.

SCHEDULE FOR ADOPTION: These rules and rules changes will be submitted as a soon as possible after the comment period.


Rules for the Licensure of Residential Child Care Facilities
Rules Providing for the Licensing of Child Placing Agencies with and without Adoption Programs
Regulations for Licensing/Certifying of Alcohol and Drug Treatment Programs in the State of Maine
Mental Health Agency Licensing Standards
Rules for the Licensing of Emergency Shelters for Children Rules for the Licensure of Shelters for Homeless Children

REGULATED PARTIES: See above for the list of rules being revised. All persons licensed under these rules will be affected by the change. Regulated parties include hospitals that operate alcohol & drug treatment programs; agencies that deliver residential services for children (children's residential, shelters for homeless children, emergency shelters for children); mental health and alcohol & drug treatment programs for adults and children (residential and nonresidential); and child placing agencies. These programs exist statewide. In addition, all future applicants for licensure will positively affected by the changes.

BENEFITED PARTIES: Parties that will benefit include all licensed/certified agencies for whom the list of rules apply; all recipients of services at these programs and their families/guardians; state agencies responsible for licensing, contracting and/or funding these programs; future applicants; -all other parties that have an interest in understanding the regulatory process for various reasons such as advocates, the legislature, other states.

EMERGENCY RULES ADOPTED: I'm not sure whether the revision to the Rules for the Licensure of Residential Child Care Facilities was submitted as an emergency rule change.

SCHEDULE FOR ADOPTION: This question should be directed to Sue Harlor or Sabra Burdick. A meeting will be scheduled within the next 2 months to review the draft revisions. To date, only the administrative policies have been disseminated for comment to Task Force members. It would appear that it will be several months before a final version of the administrative and module rules will be ready for statewide distribution and comment.


Community Services

PURPOSE: The Department is proposing changes in the rules to reflect program funding distribution changes and to update the state designated authority location.

EXPECTED SCHEDULE: Proposed rule changes published in April, 1999 with effective date of October 1, 1999.

IDENTIFICATION AND NAMES OF BENEFITED PARTIES: Eleven designated Community Action Agencies will be subject to the rule changes. The Agencies were involved in developing the funding distribution changes.

EMERGENCY RULES: No emergency rules have been adopted since the previous agenda due date.


Head Start

PURPOSE: To reflect the designated authority as the ACL Service Center

EXPECTED SCHEDULE: Proposed rule changes published in April, 1999 with effective date of October 1, 1999.

IDENTIFICATION AND NAMES OF BENEFITED PARTIES: The 13 Head Start programs in Maine. No new benefits or regulations are included in the change.

EMERGENCY RULES: No emergency rules have been adopted since the previous agenda due date.


AIDS Drug Reimbursement Program

PURPOSE: To clarify and expand client eligibility for the program and to expand the categories of drugs included in the program.

EXPECTED SCHEDULE: Proposed rule changes published in April, 1999 with effective date of October 1, 1999.

IDENTIFICATION AND NAMES OF BENEFITED PARTIES: Currently program clients and potential HIV positive individuals in Maine will benefit from the changes.

EXPECTED SCHEDULE: No emergency rules have been adopted since the previous agenda due date.


AIDS/HIV Case Management

PURPOSE: To implement changes recommended by a work group of state personnel and case managers.

EXPECTED SCHEDULE: Proposed rule changes published in April, 1999 with effective date of October 1, 1999.

IDENTIFICATION AND NAMES OF BENEFITED PARTIES: HIV positive individuals in Maine will benefit from higher standards of practice in designated AIDS Case Management programs.

EXPECTED SCHEDULE: No emergency rules have been adopted since the previous agenda due date.


Purchase of Service Policy

PURPOSE: To add program/service areas not covered in existing policy, to clarify criteria for determining income eligibility, to update process sections of the manual to reflect changes in state purchasing rules, to add performance based contracting goals, indicators and measures.

EXPECTED SCHEDULE: Proposed rule changes published in January, 1999 with effective date of July 1, 1999. Identification and names of benefited parties:
Current and potential agencies/programs with whom the Department contracts to deliver services to clients, or to provide services for the Department.

EXPECTED SCHEDULE: No emergency rules have been adopted since the previous agenda due date.


Child and Adult Care Food Program

PURPOSE: The Department is proposing changes to the existing policy manual in order to reflect changes in reimbursement and payment procedures as a result of Welfare Reform.

EXPECTED SCHEDULE: Proposed changes to the CACFP Policy Manual to be tentatively published in July, 1999 with effective date of December 1, 1999.

IDENTIFICATION AND NAMES OF BENEFITED PARTIES: Approximately 82 CACFP agencies will be affected by the rule change. Many of the proposed changes are already in effect as a result of rule changes at the federal level and merely need to be officially incorporated in the state policy manual to define discretionary items.

EXPECTED SCHEDULE: No emergency rules have been adopted as a result of the proposed changes.


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