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March 1, 2000
Rule-Making Notice

as it appears 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/ depts.htm.

PROPOSALS

AGENCY: 02-297 - Department of Professional and Financial Regulation, Board of Chiropractic Licensure
RULE TITLE OR SUBJECT:
Repeal the following chapters:
Ch. 1, Rules for Chiropractors
Ch. 2, Rules for Chiropractors
Ch. 3, Rules for Chiropractors
Ch. 4, Rules for Chiropractic Assistants
Ch. 5, Code of Ethics
Replace the above chapters being repealed with new chapters as follows:
Ch. 1, Definitions
Ch. 2, General Provisions
Ch. 3, Licensure Requirement for Chiropractic Doctors
Ch. 4, Requirements for Certifying Chiropractors to Practice Chiropractic Acupuncture
Ch. 5, Certification Requirement for Chiropractic Assistants and the Issuance of Temporary Certificates for Chiropractic Assistants
Ch. 6, Continuing Professional Education
Ch. 7, Enforcement and Disciplinary Procedures
Ch. 8, Code of Ethics
Ch. 9, Fees
PROPOSED RULE NUMBER: 2000-P43
CONCISE SUMMARY: These proposed rules will: 1) identify and clarify certain terms used by this profession; 2) specify the manner with which meetings, rulings, hearings and records of the board will occur; 3) specify and clarify the qualifications and method for filing applications for licensing chiropractors, certifying chiropractors to practice chiropractic acupuncture, chiropractic assistants, and issuance of temporary certificates for chiropractic assistants. Expanding the acceptance of the national examination to include Part IV; 4) set standards for continuing professional education that will be required at the time of licensure renewal, including reporting requirements and program approvals; 5) update and clarify procedures for filing and handling complaints, including clarification of the terms used for specific grounds for discipline; 6) revise and update the code of ethics for persons licensed and practicing in Maine; 7) update and clarify terms used in conjunction with fees assessed by the board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA c. 9, §§ 501, 502, 551, 552, 553-A(2), 555, 556 and 558
PUBLIC HEARING: March 22, 2000 at 1:00 p.m. - Central Conference Room, Maine Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: April 3, 2000
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: 624-8600

AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 808, Corporate Income Tax Nexus
PROPOSED RULE NUMBER: 2000-P44
CONCISE SUMMARY: Rule 808 describes the circumstances under which an out-of-state corporation is subject to the income tax jurisdiction of Maine under Title 36 MRSA Section 5200. The rule currently states that the activities of an independent contractor will not be imputed to the corporation. This statement is inconsistent with general rule stated in section .02 of the rule: "The State Tax Assessor construes Maine law to assert the tax jurisdiction of Maine to the full extent permitted by the Constitution and laws of the United States." The proposed change would provide that the activities in Maine of an independent contractor on behalf of a foreign corporation will be imputed to the corporation if they are significantly associated with that corporation's ability to establish and maintain a market in Maine, to the extent allowed by the Constitution and laws of the United States. Various other minor amendments and updates to the rule are being proposed as well.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 MRSA § 112
PUBLIC HEARING: None scheduled as yet.
DEADLINE FOR COMMENTS: April 17, 2000
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681

ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #03-00
ADOPTED RULE NUMBER: 2000-74
CONCISE SUMMARY: Minimum March, 2000 producer Class I and Northeast Dairy Compact Over Order Price set at $16.94. Class III minimums set at $10.05. These changes were passed on in minimum prices.
EFFECTIVE DATE: March 1, 2000
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741

AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Sub-section 9.15, Drug and Alcohol Testing of Adult Clients
ADOPTED RULE NUMBER: 2000-75
CONCISE SUMMARY: This policy & procedure amends existing rules promulgated in July, 1999, Chapter 10, Sub-section 9.15, entitled Drug and Alcohol Testing of Adult clients. This policy and procedure governs the specific practices and conditions when clients of the Maine Department of Corrections may be required to be tested for drug and/or alcohol use, including purpose, collection of specimens, testing procedures, required documentation, and action to be taken with the result of a positive test.
EFFECTIVE DATE: February 18, 2000
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342

AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 940, Requirements for Health Insurance Rate Filings and Data Reporting
ADOPTED RULE NUMBER: 2000-80
CONCISE SUMMARY: This rule establishes procedures and guidelines for filing individual and small group health insurance rates and all health maintenance organization (HMO) rates in this state. The rule is intended to inform those filing health insurance rates of the types of data required to permit the Bureau to appropriately review the filings submitted. In addition, annual data reporting requirements set forth in Appendix A will enable the Bureau to monitor the continued viability of Maine's, small group and individual health plan markets.
EFFECTIVE DATE: March 1, 2000
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, State House Station #34, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2000-81
CONCISE SUMMARY: Changes adopted in these Medicaid rules include, but are not limited to the following: 1) New procedure codes and rates of reimbursement in Chapter Ill. 2) Eligibility requirements for the "Extended Level" of care are specified. 3) Two new covered services and eligibility criteria for those services are adopted: venipuncture services and medication services for the treatment of severe and disabling mental illness. 4) A once a month nursing assessment services has been added to the "At Risk" 1evel of care. 5) The scope of personal care services is expanded to include necessary grocery shopping. 6) Under Sec. 96.03, Duration of Care, new criteria are adopted which specify when services can be denied, reduced, or terminated. Criteria for the recipient's classification period are clarified. 7) A section on recipient appeals is adopted. 8) Under Section 96.07, Reimbursement, language is added which specifies that a Home Health Care provider must be a licensed agency in order to bill agency rates.
EFFECTIVE DATE: February 28, 2000
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:
(207) 624-5519 or 1-800-321-5557 option 1
DEAF/HARD OF HEARING TTY# 287-1828 or TTY# 1-800-423-4331

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