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September 16, 1998
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: Department of Professional and Financial Regulation
02-373 - Board of Licensure in Medicine
02-383 - Board of Osteopathic Licensure

RULE TITLE OR SUBJECT: Ch. 11, Use of Controlled Substances for Treatment of Pain
PROPOSED RULE NUMBER: 98-P191
CONCISE SUMMARY: The notice of proposed rule which was published on September 9, erroneously stated that the hearing would be held at Two Bangor St. in Bangor. Please note that the hearing is to be held at Two Bangor St. in Augusta,
PUBLIC HEARING: October 1, 1998, Lower Level Conference Room, 9:30 a.m. - 11:30 a.m., 2 Bangor Street, Augusta, ME 04333
DEADLINE FOR COMMENTS: October 15, 1998
AGENCY CONTACT PERSON: Randal C. Manning, Executive Director
AGENCY NAME: Board of Licensure in Medicine
ADDRESS: 137 State House Station, 2 Bangor Street, Augusta, ME 04333-0137
TELEPHONE: (207) 287-3601

AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 7, Utilization Review, Treatment Guidelines, Permanent Impairment
PROPOSED RULE NUMBER: 98-P193
CONCISE SUMMARY: The amendments to this rule revise the utilization review process by requiring employers/insurers to notify employees that utilization review is being requested and by providing an opportunity for employees to explain to the Utilization Review Agent why the treatment under review is appropriate. The amendments also establish that utilization review reports are admissible as evidence in Board proceedings but are not binding.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A M.R.S.A. Secs. 152(2) & 210
PUBLIC-HEARING: Friday, October 9, 1998, 1:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, 1st Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, October 19, 1998, 5.00 p.m.
AGENCY CONTACT PERSON: Isabella Tighe, Deputy Director of Medical/ Rehabilitation Services
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station Augusta, Maine 04333-0027
TELEPHONE: 207-287-7080


AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Ch. 29, Code for Safety to Life from Fire in Buildings and Structures, 101 - 1997 edition.
PROPOSED RULE NUMBER: 98-P194
CONCISE SUMMARY The Commissioner of Public Safety is required to adopt reasonable rules governing the life safety from fire in buildings or other structures used by the public. This code establishes minimum requirements to reduce the public's risk from fire, smoke, fumes or panic. Specifically, the code addresses construction, occupancy and egress design features. It will be a rule update, replacing the previous 1994 edition of this national technical code with the most current 1997 edition.

RULE TITLE OR SUBJECT: Ch. 33, Fire Safety Technician Training and Certification Program
PROPOSED RULE NUMBER: 98-P195
CONCISE SUMMARY By law, the State Fire Marshal's Office is required to develop a training and certification program so that individuals can be prepared to conduct fire safety inspections of licensed child care facilities. This rule establishes the content of the training program and provides procedures for obtaining a certificate.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22, M.R.S.A. 8304-A
PUBLIC HEARING: None scheduled. One will be held if requested in accordance with the provisions of Title 5.
DEADLINE FOR COMMENTS: October 16,1998
AGENCY CONTACT PERSON: Karen Peterson
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 18 Meadow Road, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: 207-287-3473


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters and Loaners
PROPOSED RULE NUMBER: 98-P196
CONCISE SUMMARY: These dealer rules have not been updated since 1993. These changes bring the rules up to date and in compliance with state law regarding dealer licensing-requirements. The change clarifies the requirements for dealer annexes and secondary locations and adds the requirement that used car dealers must collect mediation fees.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 153
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 16, 1998
AGENCY CONTACT PERSON: Linda Grant
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 101 Hospital Street Augusta, Augusta, Maine 04330
TELEPHONE: 287-5420


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. (New?), Rules and Regulations Governing In-Home Personal Care and Support Workers
PROPOSED RULE NUMBER: 98-P197
CONCISE SUMMARY: This law will require that all In-Home Personal Care Agencies, meeting this definition, must register with the Department of Human Services, Division of Licensing and Certification. The purpose of this registration is to identify these agencies, and to ascertain if any certified nursing assistant has been the subject of an annotation by the State Survey Agency for a substantiated complaint or conviction, or of abuse, neglect, or misappropriation of funds in a health care setting. This law requiring registration, certified nursing assistant annotation, prohibited contracting and employment, and penalties will help insure the public health, safety and welfare of patients living in their home.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Sec. 1.22 MRSA 1717
DATE(S)/PLACE(S) OF HEARING(S): October 6, 1998 at 1:30 p.m., Division of Licensing and Certification, 35 Anthony Avenue, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: October 16, 1998
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512
Fax: (207) 624-5378


AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Propane and Natural Gas Board
RULE TITLE OR SUBJECT:
Amend Ch. 1, Definitions
Amend Ch. 3, Licensure/Registration Requirements
Amend Ch. 4, Examination Requirements
Amend Ch. 5, Installation Standards
Amend Ch. 7, Fees
New Ch. 8, Permits for Aboveground Propane and Natural Gas Storage Facilities
New Ch. 9, Modification of Standards
PROPOSED RULE NUMBER: 98-P198
CONCISE SUMMARY: The Board is amending their rules to clarify the wording of the law and rules. The proposed rule changes better clarify licensure/registration and examination requirements. The rules update the editions of the National Fire Protection Standards. The proposed rules set forth the requirements for permitting aboveground propane and natural gas storage facilities and set the fee for the permit. The proposed rules also allow the Board the discretion to alter installation standards after appropriate technical consideration.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 32 M.R.S.A., Section 14804
PUBLIC HEARING: Wednesday, October 14, 1998, 9:00 a.m., Office of Licensing and Registration, Central Conference Room, Gardiner Annex, Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: October 30, 1998
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: 207/624-8605


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft (Motor Size Regulation,- on Certain Inland Waters)
PROPOSED RULE NUMBER: 98-P197
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to schedule a public hearing to consider the following watercraft regulations:
PINKHAM POND, Alna, Lincoln County: Motorboats with internal combustion engines prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Section 7792
PUBLIC HEARING: October 8, 1998, Wiscasset Municipal Building, Rt. 27, Wiscasset, 7:00 p.m.
DEADLINE FOR COMMENTS: October 18,1998
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries and Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 297-5201


ADOPTIONS

AGENCY: 01-115 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER: Ch. 1, Orders
ADOPTED RULE NUMBER: 98-354
CONCISE SUMMARY: This rule was amended to change definitions within the existing rule to conform with current industry standards.
EFFECTIVE DATE: August 22, 1998
AGENCY CONTACT PERSON: Cynthia Masterman, Maine Milk Commission, 28 State House Station, Augusta, ME 04333-0028.
TELEPHONE: 287-7521


AGENCY: 01-017 - Department of Agriculture, Food and Rural Resources, Maine Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 11, Sub-Ch. 3, Section 20, Alkalinizing Agents
ADOPTED RULE NUMBER: 98-369
CONCISE SUMMARY: The Commission has adopted the proposed rule that will increase the test levels for ph from 7.43 to 7.450 for non-furosemide and 7.47 to 7.485 for horses racing on furosemide; and, the test levels for HCO3 from 36 to 37.0 for horses not racing on furosemide and 38 to 39.0 for horses racing on furosemide.
EFFECTIVE DATE August 24, 1998
AGENCY CONTACT PERSON: Henry Jackson
AGENCY NAME: Maine Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: 287-3221


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 159, Rules Governing the Administration of the Semipermanent Semitrailer Registration Program
ADOPTED RULE NUMBER: 98-374
CONCISE SUMMARY: This updated rule has included the procedures for dealing with the new 25 year ultra long term trailer registrations.
EFFECTIVE DATE: September 8, 1998
AGENCY CONTACT PERSON: Maurice J. Dionne Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: 207/287-8633


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. V, Section 2, Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services.
ADOPTED RULE NUMBER: 98-376
CONCISE SUMMARY: This final rule repeals the present Chapter V, Sections 1, 3, and 4, of the Maine Medical Assistance Manual and establishes a new Chapter V Section 2. The new Section 2 contains updated definitions and guidelines for the Early and Periodic Screening, Diagnosis, and Treatment Program and describes services available to eligible recipients under the age of 21.
EFFECTIVE DATE: September 15, 1998
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


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: Motorsize Restrictions on Certain Inland Waters
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Regulations
ADOPTED RULE NUMBER: 98-377
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing a motorsize restriction on Spectacle Pond in Augusta and Vassalboro (Kennebec County). Motorboats with more than 10 horsepower will be prohibited on this body of water.
EFFECTIVE DATE: September 13, 1998
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201.


AGENCY: 02-164 - Department of Professional and Financial Regulation, Office of Licensing & Registration, Board of Hearing Aid Dealers and Fitters
CHAPTER NUMBER AND TITLE:
Ch. 1, General Provisions
Ch. 2, Licensing Procedure
Ch. 3, Application and Examination Process
Ch. 4, Complaints
Ch. 5, Initial License and Renewal Fees
Ch. 6, Calibration Standards
Ch. 7, Code of Ethics
ADOPTED RULE NUMBER: 98-378 through 98-384
CONCISE SUMMARY:
Chapter 1. A time-frame of twelve months is established, within which a hearing test utilizing appropriate established procedures must have been administered, and a resulting evaluation of hearing loss must have been conducted, prior to the sale of a hearing aid to a prospective user. A different time-frame of six months is established for the medical evaluation, to comport with FDA regulations.
Chapter 2. The requirement that the Board contact potential references on behalf of applicants it rescinded; instead, it will be the responsibility of the applicant to furnish same. The fee for a hearing aid business license is increased from $100 to $185. Effective 1/l/99, requirements regarding the qualifications of individuals employed by businesses are introduced.
Chapter 3. Non-substantive formatting changes are made, for the purpose of consistency.
Chapter 4. Non-substantive formatting changes are made for the purpose of consistency.
Chapter 5. Fees are being increased to the statutory cap in order to enable the Board to meet anticipated and ongoing expenses and to fulfill its regulatory mandate.
Chapter 6. The requirement to record calibration data near, or upon, the instrument is eliminated.
Chapter 7. The Code is updated, and its provisions are grouped by subject area, for ease of reference.
EFFECTIVE DATE: September 14, 1998
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Health Board Administrator
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 98-385
CONCISE SUMMARY: Chapter III, Sec. 96, Private Duty Nursing & Personal Care Services, Maine Medical Assistance Manual: reimbursement for Registered Nurse services is increased to $15.00 per 1/2 hour and reimbursement for Licensed Practical Nurse services is increased to $11.20 per 1/2 hour effective for covered services delivered on or after July 1, 1998. And, reimbursement for Home Health Aide and Certified Nursing Assistant services is increased to $7.28 per 1/2 hour effective for services delivered on or after September 1, 1998.
EFFECTIVE DATE: September 14, 1998
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5520
TTY# (207) 287-1828 or 1-800-423-4331


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