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Weekly Rulemaking Notices Contact Us Find It

July 14, 2004
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: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
PROPOSED RULE NUMBER: 2004-P200
CONCISE SUMMARY: Ch. 1 will be revised to define paid feeding assistants. Ch. 8 requires nursing facilities to maintain records of staff who have completed a State approved feeding assistant program. Ch. 9 requires feeding assistants to be under the supervision of a licensed nurse.
In addition, Ch. 4 will be revised to comply with Sec. 1.22 MRSA 1812-H, sub-2-B, which will allow a nursing facility to decline admission of a prospective resident after a facility determines that it cannot meet the resident's needs.
Finally, the language in Ch. 17.E.3 has been eliminated. Nursing facilities do not need to have a registered professional nurse conduct medication reviews, because a licensed pharmacist must also conduct medication reviews of all residents. Federal rules require the drug regimen of each resident be reviewed at least once a month by a licensed pharmacist; therefore, this duplicative function can be reduced to one discipline performing the reviews.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA Ch. 600, 1812-H, Sub-2-B. Section 1919 (c)(5)(A)(iii) of the Social Security Act
PUBLIC HEARING: None scheduled: A hearing will be scheduled if requested by 5 or more people.
DEADLINE FOR COMMENTS: Augusta 15, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333
TELEPHONE: (207) 287-9300
TTY: (207) 287-9312
FAX: (207) 287-9304


AGENCY: 16-222 - Department of Public' Safety, Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 20, Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection
PROPOSED RULE NUMBER: 2004-P201
CONCISE SUMMARY: This rule will repeal and replace the existing Ch. 20, Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection. The rule will define the contents of the kit and will include instructions for administering the kit and will include a checklist for examiners to follow and enclose with the completed kit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA 2915 sub-1
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: August 16, 2004
AGENCY CONTACT PERSON: Gretchen Hicks, Forensic Chemist
AGENCY NAME: Maine State Police Crime Laboratory
ADDRESS: 26 Hospital St, Augusta, ME 04333
TELEPHONE: (207) 624-7017


AGENCY: 02-385 - Manufactured Housing Board
RULE TITLE OR SUBJECT: Ch. 110, State Certification of Manufactured Housing - Authority
PROPOSED RULE NUMBER: 2004-P202
CONCISE SUMMARY: These amendments: (a) incorporate updated versions of the building and mechanical codes that establish health and safety standards for the construction and installation of state-certified manufactured housing (i.e., modular homes), (b) define and establish a standard of journeyman quality workmanship for the manufacture, installation and service of modular homes, and (c) modify the definition of a habitable attic to require a fixed stairway for access and egress (i.e., no folding stairs), and to clarify that a habitable attic is not a story. The amendments make specific code exceptions for Maine conditions such as snow load and wind load and for other special circumstances.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY 10 MRSA 9005, 9041
PUBLIC HEARING: August 4, 2004, 1:00 p.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: August 16, 2004
AGENCY CONTACT PERSON: Robert V. LeClair
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8678


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual: Appendix Chart VIII Cub Care Premiums and Section 9000.11 (III)
PROPOSED RULE NUMBER: 2004-P203
CONCISE SUMMARY: Monthly premiums for MaineCare coverage under the Cub Care group are being increased effective October 1, 2004.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173, 22 MRSA 3174-T(10)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 13, 2004
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual - Section 4220 and Section 4130 Appendix 4-2: Consent Decision and Community Spouse Minimum Standard and Shelter Allowance
PROPOSED RULE NUMBER: 2004-P204
CONCISE SUMMARY: For Nursing Facility Residents: the minimum amount of income that can be sent to the community spouse and the shelter allowance are increasing. This results in the community spouse having more monthly income to pay for basic expenses from food, housing, heat, etc.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 13, 2004
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 02-030 - Department of Professional & Financial Regulation, Office of Consumer Credit Regulation
RULE TITLE OR SUBJECT: Ch. 270, Adjustment of Volume Fees
PROPOSED RULE NUMBER: 2004-P205
CONCISE SUMMARY: This rule adjusts volume fees for supervised lenders making loans secured by an interest in land from $15 per $100,000 of original unpaid balances to $10 per $100,000 so long as the fund balance of the Office of Consumer Credit Regulation as of October 1st of the previous calendar year exceeds 125% of the office's then-current annual budget.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 9-A MRSA Section 6-104, subsection 1(E), and Section 6-203, subsection 3-C.
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: August 13, 2004
AGENCY CONTACT PERSON: Linda Cunningham, Examiner-in-Charge
AGENCY NAME: Office of Consumer Credit Regulation
ADDRESS: 35 State House Station, Augusta, ME 04333-0035
TELEPHONE: (207) 624-8527


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2004-P206
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. Waters with proposals being discussed at public hearings are listed below. A list of all proposals being considered (with and without public hearing) may be obtained from the Agency Contact Person listed below. Written comments may be submitted on any of the proposals on that list.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARINGS:
Millinocket, Stearns High School - August 3, 2004- 6:30 p.m.: Allagash Stream, Caribou Lake, Chamberlain Lake, Chesuncook Lake (including Moose Pond), Daicey Pond, Ragged Stream (trib. To Caribou Lake), Ripogenus Lake, Round Pond and tributaries, Telos Lake and tributaries.,
The Forks Fish and Game Club, Rt. 201, The Forks - August 4, 2004 - 6:30 p.m.: West Carry Pond, Bill Morris Pond, Ellis Pond, Island Pond, Kennebec River (3 sections), Upper Kilgore Pond, Martin (Long) Pond, Moxie Lake, Round Pond
Rangeley Lakes Regional School, Loon Lake Road, Rangeley - August 5, 2004 - 6:30 p.m.: Bemis Stream,. Bug Eye Pond, Little Jim Pond, Big Kennebago Lake, Pond in the River, Rapid River, Upper and Lower Richardson Lakes and tributaries, Little Tea Pond, Umbagog Lake
DEADLINE FOR COMMENTS: September 17, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.01(G.4.), Hunting Seasons for Furbearing Animals
ADOPTED RULE NUMBER: 2004-258
CONCISE SUMMARY: The Commissioner of the Department of Inland Fisheries & Wildlife has adopted a rule extending the statewide hunting season for bobcat. The hunting season for bobcat will begin on December 1 and end on February 14th, rather than January 31st.
EFFECTIVE DATE: 2004-258
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 118, Regulations Governing the Licensing and Functioning of Intermediate Care Facilities for Persons with Mental Retardation
ADOPTED RULE NUMBER: 2004-259
CONCISE SUMMARY: The addition of the final Ch. 5.D.11, Client Protections - Mandated Reporting of Sentinel Events, will reflect a new law enacted and funded as of November 21, 2003. Sec. 1.22, MRSA, Ch. 1684, requires a process for a mandated reporting system for medical errors and events injurious to patients. It will also reflect the new mandated reporting system for medical errors and events injurious to patients in Intermediate Care Facilities for Persons with Mental Retardation.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
TTY: (207) 287-9312 (Deaf/Hard of Hearing)
FAX: (207) 287-9304


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 119, Regulations Governing the Licensing and Functioning of Home Health Care Services
ADOPTED RULE NUMBER: 2004-260
CONCISE SUMMARY: The final regulatory changes are as follows:
* Ch. 2.D.4.b., deletes the thirty (30) day requirement to notify the Division of Program Analysis and Development when a transfer of ownership occurs.
* Ch. 7.D.4. changes the word "connotation" to "consultation".
* Ch. 7.D.5. permits physical therapists, occupational therapists or speech/language pathologists to conduct the home health aide supervisory visit in therapy-only cases.
* Ch. 7.E.1. and 2. specifies that visit ranges cannot begin with zero (0).
* Ch. 7.I. clarifies that only those agencies who provide community support services are required to meet the regulations stated in Ch. 7.I., Behavioral Services. This chapter also changes the name of the Department of Mental Health, Mental Retardation and Office of Substance Abuse to the Department of Health and Human Services.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rule-making documents.
EFFECTIVE DATE: July 1, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Dr., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
TTY (207) 287-2312 (Deaf/Hard of Hearing)
FAX: (207) 287-9304


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 318, Amendment 4, Wells and Plymouth Waste Oil Clean-up Program (Non-emergency)
ADOPTED RULE NUMBER: 2004-261
CONCISE SUMMARY: The amendment is necessary to address changes to the law governing the program as set forth in PL 2004, Ch. 596. The amendment expands the eligible uses of the fund to include the remedial design and technical impracticability study and sets a new application deadline accordingly. The rule amendment was also adopted on an emergency basis on April 15.
CHAPTER NUMBER AND TITLE: Ch. 611, Amendment 6, Maine College Savings Program
ADOPTED RULE NUMBER: 2004-262
CONCISE SUMMARY: The rule amendment makes various changes to the NextGen Scholarship Program and the Matching Grant Program, and incorporates a recent change in federal law affecting the definition of "early termination event."
EFFECTIVE DATE: July 13, 2004
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 155, Portable Fuel Container Spillage Control
PROPOSED RULE NUMBER: 2004-263
CONCISE SUMMARY: The Department has amended the Ch. 155 Portable Fuel Container Spillage Control regulation to correct an incorrect citation in the Innovative Products Exemption contained in Section 5 of Ch. 155.
EFFECTIVE DATE: July 14, 2004
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


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