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March 17, 1999
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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS
AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health

RULE TITLE OR SUBJECT: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector
PROPOSED RULE NUMBER: 99-P45
CONCISE SUMMARY The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most recently amended as of July 1, 1998, with the exception of Section .134 (Respiratory Protection). The Board is considering revisions of the U.S. DOL OSHA requirements for respiratory protection found in Title 29 CFR Part 1910.134. This standard would require compliance with the nationally recognized two in two out rule for fire fighters.

RULE TITLE OR SUBJECT: Ch. 3, Occupational Safety and Health Standards for Construction Employment in the Public Sector
PROPOSED RULE NUMBER: 99-P46
CONCISE SUMMARY The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of July 1, 1998, excluding Section .103 (Respiratory Protection). The Board is considering revisions of the US DOL OSHA requirements for respiratory protection.

THESE RULES WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA, Section 565
PUBLIC HEARINGS:
April 5, 1999, 7:00 p.m., Southern Maine Technical College, Fort Rd., South Portland, Maine
April 8, 1999 7:00 p.m., Eastern Maine Technical College, 354 Hogan Rd., Bangor, Maine
April 13, 1999 7:00 p.m., Northern Maine Technical College, 33 Edgemont Drive, Presque Isle, Maine
DEADLINE FOR COMMENTS: April 30, 1999
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6400


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Solid Waste Management Rules
Ch. 400, General Provisions
Ch. 401, Landfill Siting, Design and Operation
Ch. 402, Transfer Stations and Storage Sites for Solid Waste
Ch. 405, Water Quality Monitoring, Leachate Monitoring and Waste Characterization
Ch. 409, Processing Facilities
Ch. 418, Beneficial Use Of Solid Wastes
PROPOSED RULE NUMBER: 99-P47
CONCISE SUMMARY: The Solid Waste Management Rules regulate the siting, design and operation of all types of solid waste facilities and activities. The Department proposes revisions to portions of these rules in the facility and activity chapters identified above. The proposed changes are considered by the Department to be minor in nature and are intended to primarily address errors, omissions and clarification to previous broad revisions adopted in 1998.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA Section 1304
PUBLIC HEARING: None; one may be requested.
DEADLINE FOR COMMENTS: 5:00 p.m., April 23, 1999
AGENCY CONTACT PERSON: Clifton Eliason
AGENCY NAME: Maine Department of Environmental Protection, Bureau of Remediation and Waste Management
ADDRESS: 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: 207-287-6115


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26, Sea Urchin Research Conservation Areas
PROPOSED RULE NUMBER: 99-P48
CONCISE SUMMARY: The proposed rulemaking would provide technical corrections to the coordinate location descriptions for five of the six sea urchin conservation areas coastwide that became effective December 12, 1998. The areas requiring corrections are located off East Point, York; Seal Head Point, York; Schoodic Point, Winter Harbor; Pemaquid Point, Bristol; Outer Ram Island, Beals.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 16, 1999
AGENCY CONTACT PERSON: Ted Creaser
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9518


AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 10, Regulations Relating to Administration of Intravenous Therapy by Licensed Nurses
PROPOSED RULE NUMBER: 99-P49
CONCISE SUMMARY: Updated to reflect current clinical standards of practice.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A. 2153 (1)
PUBLIC HEARING: April 8, 1999 at 4:00 p.m., Maine State Board of Nursing, 24 Stone St., Augusta, ME
DEADLINE FOR COMMENTS: April 18, 1999
AGENCY CONTACT PERSON: Virginia Delorimier, M.S.N., R.N., Asst. Executive Director
AGENCY NAME: Maine State Board Of Nursing
ADDRESS: 158 State House Station, Augusta, ME 04333-0158


AGENCY: 10-144 - Department of Human Services, Bureau of Health
RULE TITLE OR SUBJECT: Ch. 256, Maine Medical Laboratory Rules (Amendments)
PROPOSED RULE NUMBER: 99-P50
CONCISE SUMMARY: These amendments to the existing rule -
Add a New Category of Medical Laboratory License which Limits Testing to the CLIA '88 Waived Tests.
Revise Personnel Requirements for Supervisors to Allow Individuals who would not Otherwise Qualify to Supervise This New Category of Laboratory.
Increase Licensing Fees for Initial Licenses from $200 to $500.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA ch. 411 2023
PUBLIC HEARING: 2:00 p.m., Friday, April 9, 1999, Human Services Conference Room, 221 State Street, Augusta, ME
DEADLINE FOR COMMENTS: Friday, April 30, 1999
AGENCY CONTACT PERSON: Michael C. Sodano
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, #12, Augusta 04333
TELEPHONE: 207-287-1929
TTY: 207-897-4479


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Proposal Two: the Amendment of Ch. 119, Motor Vehicle Fuel Volatility Limit.
PROPOSED RULE NUMBER: 99-104
CONCISE SUMMARY: Chapter 119 was amended to require that all gasoline that is distributed or marketed by bulk gasoline terminals or is directly imported to gasoline service stations or bulk gasoline plants within the counties of York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox and Lincoln shall not have a Reid Vapor Pressure greater than 7.8 psi during the period between May 1, 1999 and September 15, 1999 and shall not have a Reid Vapor Pressure greater than 7.2 psi during the period between May 1, 2000 and September 15, 2000 and continuing every year thereafter.
EFFECTIVE DATE: March 14, 1999
AGENCY CONTACT PERSON:
NAME: Ronald W. Severance
ADDRESS: Bureau of Air Quality Control, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
PHONE NUMBER: 207-287-2437


AGENCY: 02-393 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Examiners in Physical Therapy
RULE TITLE OR SUBJECT: 99-112 through 99-118
CHAPTER NUMBER AND TITLE: Repeal the following chapters:
Ch. 1, Rules for Physical Therapists and Physical Therapist Assistants and Physical Therapy Aides
Ch. 2, Enforcement & Disciplinary Procedures
Ch. 3, Fees
Replace the above chapters being repealed with new chapters as follows:
Ch. 1, Definitions
Ch. 2, General Provisions (Replaces current Ch. 1)
Ch. 3, Licensure Requirements for Physical Therapists and Physical Therapist Assistants (Replaces current Ch. 1)
Ch. 4, Standards for Supervision of Physical Therapists and Physical Therapy Aides (Replaces current Ch. 1)
Ch. 5, Enforcement and Disciplinary Procedures (Replaces current Ch. 2)
Ch. 6, Code of Ethics (Replaces current Ch. 2)
Ch. 7, Fees (Replaces current Ch. 3)
Attachment A - APTA Code of Ethics, June 1991
Attachment B - APTA Standards of Ethical Conduct for the Physical Therapist Assistant, June 1991
CONCISE SUMMARY: These rules: 1] identify and clarify certain terms used by this profession; 2] specify the manner in which meetings, rulings, hearings and records of the board will occur; 3] specify and clarify the qualifications and method for filing applications for licensure, and facilitate the specific qualification for foreign educated applicants. Nationally, all states are utilizing the computerized examinations. The rule will eliminates outdated language and allows the board to recognize the current computerized examination and out-source the administration of the exams; 4] set standards for supervision of physical therapist assistants and physical therapy aides; 5] update and clarify procedures for filing and handling complaints, including clarification of the terms used for specific grounds for discipline; 6] establish a code of ethics for persons licensed and practicing in Maine, including adoption of those ethical standards that apply to practitioners nationally; and 7] update and clarify terms used in conjunction with fees assessed by the board.
EFFECTIVE DATE: March 10, 1999
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


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II and lll, Section 13, Targeted Case Management Services
ADOPTED RULE NUMBER: 99-119
CONCISE SUMMARY: This rule expands target populations for case management services to children ages 5 to 21 years that exhibit factors that may lead to social, emotional and/or academic failure and families of children participating in the Maine Healthy Families program. Additional changes were made to allow other providers access to already existing sections and clarify the rate setting process.
EFFECTIVE DATE: March 10, 1999
CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Policy Development
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5515
TTY (207) 287-1828 or 1-800-423-4331


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 30, Family Planning Agency Services
ADOPTED RULE NUMBER: 99-120
CONCISE SUMMARY: Covered services are expanded to include immunizations where medically indicated and related to sexually transmitted diseases. Non-covered services are changed to remove prior restrictions on the frequency of Norplant use. Definitions of professional and other qualified staff are updated and a definition for primary care providers (PCPs) is added. Reimbursement for interpreter services for the deaf/hard of hearing is enabled when providing family planning services to Medicaid recipients. Agency names are updated, and minor editing changes are included.
EFFECTIVE DATE: March 15, 1999
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 SHS, 35 Anthony Avenue, Bureau of Medical Services Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514
DEAF/HARD OF HEARING: (207) 287-1828 or 1-800-423-4331


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