Skip Maine state header navigation

Agencies | Online Services | Help

APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

January 24, 2001
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 02-477 - Department of Professional & Financial Regulation, Board of Occupational Therapy Practice
RULE TITLE OR SUBJECT:
Ch. 1, General Information
Ch. 2, Advisory Rulings
Ch. 3, Rules for the Licensure of Occupational Therapy Practice
Ch. 4, Fees
Ch. 5, Role of the Occupational Therapy Assistant and Supervision of Occupational Therapy Assistants and Temporary Occupational Therapists
Ch. 6, Renewal Requirements and Continuing Education
Ch. 7, Code of Ethics
Ch. 8, Enforcement and Disciplinary Procedures
PROPOSED RULE NUMBER: 2000-P275
CONCISE SUMMARY: Current Ch. 1, "Rules and Regulations" is being repealed and replaced as follows:
Ch. 1, General Information: this Chapter will provide for the election of Board officers and the professional identification of licensees.
Ch. 2, Advisory Rulings: this Chapter will provide for the issuance of advisory rulings by the Board.
Ch. 3, Rules for the Licensure of Occupational Therapy Practice: this Chapter will contain the requirements and procedures for the issuance of permanent and temporary licenses for the practice of occupational therapy.
Ch. 4, Fees: this Chapter lists the license fees charged by the Board. The Board may repeal existing fee provisions in the event that OLR establishes fees for this board directly pursuant to 10 MRSA 8003(2-A)(D).
Ch. 5, Role of the Occupational Therapy Assistant and Supervision of Occupational Therapy Assistants and Temporary Occupational Therapists: this Chapter describes the permissible duties of the Occupational Therapy Assistants and the duties of Occupational Therapists in the supervision of their Assistants.
Ch. 7, Code of Ethics: this Chapter sets forth rules regarding the code of ethics for licensed Occupational Therapists and Occupational Therapy Assistants, by adopting the Occupational Therapy Code of Ethics published by the American Occupational Therapy Association.
Ch. 8, Enforcement and Disciplinary Procedures: this Chapter describes the procedure by which complaints and investigations will be handled by the board.
Current Ch. 2, "Continuing Professional Education Requirements for Renewal of Licensure in Occupational Therapy," will be renamed as Ch. 6, "Renewal Requirements and Continuing Education." It will outline the requirements for license renewal and for continuing professional education, establish the hours of continuing education needed for re-licensure, define the different categories of continuing education activities which will be accepted, and explain the approval process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 9001(4), 32 MRSA 2274(2), 2283(3), 2285(l)
PUBLIC HEARING: Friday, February 16, 2001, 9 a.m., Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: Fifteen days following the rulemaking hearing.
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Health Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 609, ASPIRE-JET PROGRAM RULES #1-P
PROPOSED RULE NUMBER: 2001-P13
CONCISE SUMMARY: This rule-making repeals and replaces the rule governing operation of the ASPIRE-JET program which provides employment and training services for Food Stamp recipients. Rule-making is as a result of changes made in federal law in recent years impacting operation of the program. Obsolete language has also been removed and other terminology updated.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104; Food Stamp Act of 1977; Personal Responsibility and Work OpportunitV Reconciliation Act of 1996; Balanced Budget Act of 1997
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 23, 2001
AGENCY CONTACT PERSON: David Lanman, Special Projects Manager, Department of Human Service, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-2637
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum rices - Order #03-01
PROPOSED RULE NUMBER: 2001-P14
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9 a.m., Thursday, February 8, 2001, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: February 8, 2001
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-313 - Board of Dental Examiners
RULE TITLE OR SUBJECT: Ch. 1, Rules Relating to Dental Hygienists
PROPOSED RULE NUMBER: 2001-P15
CONCISE SUMMARY: An amendment to Ch. 1, regarding public health supervision of dental hygienists, to make public health supervision status for dental hygienists less restrictive, according to legislative Resolve Ch. 104.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 1073
PUBLIC HEARING: A public hearing is not planned unless five (5) requests are received.
DEADLINE FOR COMMENTS: February 23, 2001
AGENCY CONTACT PERSON: Anita Vierrow
AGENCY NAME: Board of Dental Examiners
ADDRESS: 143 State House Station, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333


AGENCY: 99-420 - Maine Turnpike Authority
RULE TITLE OR. SUBJECT: Ch. 1, Rules Governing the Use of the Maine Turnpike
PROPOSED RULE NUM[BER: 2001-P16
CONCISE SUMMARY: The Maine Turnpike Authority wants to make two changes to its rules, both of which will promote safety. First, it would establish the speed limit in toll plaza areas at 10 miles per hour. The speed zone would start 75 feet in front of a toll booth and end 75 feet beyond the rear of a toll booth. The reason for the speed limit is because.these zones have substantial vehicle traffic as well as pedestrian traffic involving Maine Turnpike employees, State Police officers, contractors and others. Second, the Authority wants to eliminate the requirement for passing on the left and permit passing on the right under certain conditions as is allowed under current state law on all other highways in Maine. This would promote a uniform rule for all motorists in Maine and keep traffic moving.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 1965(l)(C), 1973(2), & 1980(3)
PUBLIC HEARING: Date & Time: Friday, February 16, 2001 at 8:30 a.m. Location: Maine Turnpike Authority, 430 Riverside Street, Portland, ME 04103
DEADLINE FOR COMMENTS: Monday, February 26, 2001 at 5:00 p.m.
AGENCY CONTACT PERSON: Margaret Trueworthy, Secretary - Treasurer
AGENCY NAME: Maine Turnpike Authority
ADDRESS: 430 Riverside Street, Portland, ME 04103
TELEPHONE: (207) 871-7771


AGENCY: 02-380 - Maine State Board of Nursing

RULE TITLE OR SUBJECT: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
PROPOSED RULE NUMBER: 2001-P17
CONCISE SUMMARY The proposed rule change adds county jails and state correctional facilities to facilites where CNA-Ms may administer certain medications under onsite supervision of licensed nurse
STATUTORY AUTHORITY: 32 MRSA 2153-A.1
PUBLIC HEARING: February 15, 2001 at 3:30 p.m.. Maine State Board of Nursing, 24 Stone Street, Augusta, Maine

RULE TITLE OR SUBJECT: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
PROPOSED RULE NUMBER: 2001-P18
CONCISE SUMMARY: This rule change would expand prescriptive authority of nurse practitioners and nurse midwives, including ability to prescribe Schedule II narcotics.
STATUTORY AUTHORITY: 32 MRSA 2102.2-A.C. and 2153-A.1
PUBLIC HEARING: February 15, 2001 at 4:00 p.m., Maine State Board of Nursing, 24 Stone Street, Augusta, Maine

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: February 25, 2001
AGENCY CONTACT PERSON: Virginia E. DeLorimier
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 11, Regulations Relating to the Nurse Licensure Compact
PROPOSED RULE NUMBER: 2001-P19
CONCISE SUMMARY: This rule would allow the Maine State Board of Nursing to join the Nurse Licensure Compact whereby Maine would recognize other states' registered and practical nurses' licenses if those states are also members of the Nurse Licensure Compact.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 8003 5(F), 32 MRSA 2153-A(l)
PUBLIC HEARING: February 15, 2001 at 2:30 p.m., Maine State Board of Nursing, 24 Stone Street, Augusta, Maine
DEADLINE FOR COMMENTS: February 25, 2001
AGENCY CONTACT PERSON: Myra A. Broadway
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


AGENCY: 10-144 - Department of Human Services, Division of Health Engineering, Radiation Control Program
RULE TITLE OR SUBJECT: Ch. 220, Radioactive Materials Regulations Changes
PROPOSED RULE NUMBER: 2001-P20
CONCISE SUMMARY: The proposed revision to the current State of Maine Regulations Relating to Radiation Protection makes the State compatible with the Federal Nuclear Regulatory Commission and Federal Food and Drug Administration regulations and clarifies the requirements for industrial x-ray users in the state.
STATUTORY AUTHORITY: 22 MRSA 674
PUBLIC HEARING: February 14, 2001, 9: 00 a.m. - 12:00 p.m., Motor Transport Building, 105 Capitol Street, 2nd floor large conference room, Augusta.
DEADLINE FOR COMMENTS: By COB February 26, 2001
AGENCY CONTACT PERSON:
NAME: Jay C. Hyland, P.E. Radiation Control Program
ADDRESS: 10 State House Station, Augusta, Maine 04333-0010
PHONE: 287-5676
e-mail: jay.hyland@maine.gov


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 15, Chiropractic Services.
ADOPTED RULE NUMBER: 2001-14
CONCISE SUMMARY: This rule corrects an error in the allowed reimbursement rate for chiropractic x rays, and increases the Medicaid payment rate for chiropractic manipulation, pursuant to Resolve 1999, Ch. 76, Section A-1.
EFFECTIVE DATE: January 16, 2001
AGENCY CONTACT PERSON: Robert Gross, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5528
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 43, Hospice Services
ADOPTED RULE NUMBER: 2001-15
CONCISE SUMMARY: This new rule is required to provide coverage for hospice services. These services may be provided in the home or a nursing facility where a patient is resident.

CHAPTER NUMBER AND TITLE: Ch. II, Section 80, Pharmacy Services; repeal of Ch. III Section 80.
ADOPTED RULE NUMBER: 2001-16
CONCISE SUMMARY: Revisions to this rule included allowing out of state pharmacies to provide certain drugs, a reduction in maximum supply of non-generic drugs to 34 days, clarification of certain drug coverage provisions, allowing the Department to require prior authorization of certain drugs, elimination of outdated appendices and elimination of Chapter III Section 80.

EFFECTIVE DATE: January 15, 2001
AGENCY CONTACT PERSON: Marianne Ringel, Director
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5518
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 01-001 - Maine Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 32, Rules for Operation of Agricultural Marketing Loan Fund, Amendment 3
ADOPTED RULE NUMBER: 2001-17
CONCISE SUMMARY: Amendment 3 makes changes and adds the terms and conditions for receiving technical assistance grants, adds provisions addressing loans for agricultural enterprises engaged in direct marketing, clarifies when land purchases are allowed to be part of an eligible project, and adds the ability of the commissioner to advance funds for the applicant to develop a business plan. The changes are precipitated by changes to governing law made by PL 2000, Ch(s). 563, 593 and 769. Additional numbering changes were made to sections/paragraphs to make the rule more usable. Finally, changes were made to avoid the need for the Credit Committee to review projects requiring less than $50,000 of AMLF funds.
EFFECTIVE DATE: January 16, 2001
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, The Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 2001-18
CONCISE SUMMARY: This rule increases both the full standard utility allowance and the non-heat standard allowance used in calculating Food Stamp benefits amounts. This will result in some households receiving benefits. These standard allowances are being increased due to the projected increase in heating and utility costs. Effective March 2001, the Excess Shelter Deduction will increase from $300 to $340 for those households that have a certification period beginning March 1, 2001 or after.
EFFECTIVE DATE: January 16, 2001
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices -- Order #02-01
ADOPTED RULE NUMBER: 2001-20
CONCISE SUMMARY: Minimum February, 2001 producer Class I price is $16.94 plus $.15 Producer Cost of Production for a total of $17.09. Class III minimums set at $9.37. These changes were passed on in minimum prices.
EFFECTIVE DATE: February 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building, Station 28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


Return to the Online Rules Home Page.
Return to the APA Office Page.
Return to the Division of Rules, Commissions and Administration Home Page.
Return to the Bureau of Corporations, Elections and Commissions Home Page.
Return to the Department of the Secretary of State Home Page.
Go to the State of Maine Home Page