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March 29, 2006
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/rules/.


PROPOSALS

AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 480, Natural Gas Energy Conservation Programs
PROPOSED RULE NUMBER: 2006-P56
CONCISE SUMMARY: This chapter describes how natural gas utilities serving more than 5,000 residential customers must implement natural gas energy conservation programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 4711
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: May 1, 2006
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18 Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 02-502 - Department of Professional and Financial Regulation, Board of Complementary Health Care Providers
RULE TITLE OR SUBJECT: Ch. 3-A (New), Certification for the Formulation and Dispensing of Custom-Made Chinese Herbal Formulations; also amends Ch. 1, Definitions
PROPOSED RULE NUMBER: 2006-P57 and P58
CONCISE SUMMARY: Public Law 2003, Ch. 666 requires the board to adopt rules specifying the training required for licensed acupuncturists to obtain an additional certification to practice the formulation and dispensing of custom-made Chinese herbal formulations. The board proposes to adopt new Ch. 3-A, entitled "Certification for the Formulation and Dispensing of Custom-Made Chinese herbal Formulations," to implement the statute.
Ch. 3-A contains training requirements based on standards established by the Accreditation Commission for Acupuncture and Oriental Medicine. These are, generally, a Master's degree in Oriental medicine from an accredited program, or an herb certificate training program consisting of a minimum of 450 classroom hours and 210 clinical hours. Alternatively, an acupuncturist certified by the National Certification Commission for Acupuncture and Oriental Medicine will also qualify for the new herbal certification. Ch. 3-A affords licensed Maine acupuncturists who engaged in herbal practice prior to July 1, 2004 2 years to meet the new requirements. Ch. 3-A also contains a reciprocity/transition mechanism for acupuncturists licensed to practice custom-made Chinese herbal formulation in another state.
The board also proposes to amend Ch. 1 of the board's rules, entitled "Definitions," by adding the following definition:
ACAOM. "ACAOM" means the Accreditation Commission for Acupuncture and Oriental Medicine.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 12513-A
PUBLIC HEARING: 9:00 a.m., April 21, 2006, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: May 1, 2006
AGENCY CONTACT PERSON: Jeri L. Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8625


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #05-06
PROPOSED RULE NUMBER: 2006-P59
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA 2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8054 and 7 MRSA 2954
PUBLIC HEARING: April 21, 2006, Friday, starting at 2:00 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Buikling, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: April 21, 2006
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 54, Bear Baiting on Public Lands
PROPOSED RULE NUMBER: 2006-P60
CONCISE SUMMARY: The Bureau is proposing changes to the existing rules in order to maintain fairness in the allocation of the limited number of bear bait sites on the lands it manages. Proposed rule changes are: To require disclosure by the applicant of any and all business relationships with guides, outfitters or sporting camp related businesses on the application form for bait sites; require the name and contact information of the person baiting the site(s) if other than the applicant: to make persons holding a guides license eligible for commercial sites only; remove confusing language regarding permit allocations and to increase bear bait site fees to $30 for each personal bear bait site and $65 for each commercial bear bait site beginning with the 2006 season. A copy of the proposed rule changes is available from the Agency Contact Person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 1803
PUBLIC HEARING): None scheduled; one may be requested
DEADLINE FOR COMMENTS: April 28, 2006
AGENCY CONTACT PERSON: Joe Wiley, Dept. of Conservation, Bureau of Parks and Lands, 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4921
E-MAIL: joe.wiley@maine.gov


AGENCY: 05-071 - Department of Education - State Board of Education
RULE TITLE OR SUBJECT: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
PROPOSED RULE NUMBER: 2006-P61
CONCISE SUMMARY: In these proposed revisions of Ch. 61, routine technical rules, the State Board of Education defines "adequate education" as the term is used in 20-A MRSA 15905(2), which requires the State Board of Education to make a determination that a proposed high school for less than 300 students "will have an adequate educational program." The section specifying minimum site requirements has been replaced with a listing of the facilities that must be accommodated on a site. A requirement for a site investigation has been spelled out and provision has been made for alternate techniques of appraisal.
The handling of costs related to Percent for Art projects are specified, the requirement for construction estimates is spelled out and commissioning is provided for. Provisions are specified for requests for waivers of any of the requirements, the handling of an Administrative Review, and requests for project change orders. A requirement for budget tracking is added as is a spelling out of the conditions for an interim audit. The handling of the costs of temporary borrowing is specified. Other proposed changes include revised terminology, additional definitions and increased uniformity of language to facilitate understanding.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 3; 20-A MRSA 405(3)(J); 20-A MRSA 15905 sub-4 and 15901 to 15917; P.L. 2001 c. 439, Part 0000, 0000-3
PUBLIC HEARING: Wednesday, April 19, 2006, 2:30 p.m. - 4:00 p.m., Room 103 of the Cross Office Building, 111 Sewall Street, Augusta, Maine. The public hearing will also be available via ATM at the following locations:
Gorham High School, ATM Studio
Bangor High School, ATM Studio
Presque Isle High School, ATM Studio
DEADLINE FOR WRITTEN COMMENTS: 5:00 p.m., Saturday, April 29, 2005. Submit written comments to the Agency Contact Person listed below
AGENCY CONTACT PERSON: Scott Brown, Director of School Facilities
AGENCY: Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6883


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Amendment 9, Maine College Savings Program
PROPOSED RULE NUMBER: 2006-P62
CONCISE SUMMARY: The rule amendment modifies the Enhanced Need Scholarships for Maine's students identified as having significant need of student financial assistance, specifying that Enhanced Need Scholarships will be awarded to full-time students only who have an expected family contribution greater than the maximum eligible to receive a Maine State Grant Award. The rule amendment modifies the terms of Access Scholarships to provide they will be awarded only to part-time students who file a FAFSA on or before May 1 and will be awarded to full or part-time students, who have not attended the institution of higher education at which they are matriculated and who have not previously received an Enhanced Need Scholarship who file a FAFSA after May 1. The Authority will set the amount of part-time and full-time Access Scholarships annually and will set one maximum expected family contribution for students applying on or before May 1 and a lower expected family contribution for students applying after May 1.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A; 20-A MRSA 11485
PUBLIC HEARING: April 20, 2006, 10:00 a.m., Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before April 20, 2006, but will be accepted on or before May 1, 2006. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General 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: 14-118 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
RULE TITLE OR SUBJECT: Repeal of 14-118 Ch. 4, Regulations for Licensing and Certifying of Substance Abuse Treatment Programs, and 14-118 Ch. 4A, Regulations for Licensing of Private Non-medical Institutions Providing Residential Substance Abuse Treatment
Replace with 14-118 Ch. 5, Regulations for Licensing and Certifying of Substance Abuse Treatment Programs
PROPOSED RULE NUMBER: 2006-P63 through P65
CONCISE SUMMARY: Changes in these regulations reflect changes in the delivery of services since the previous regulations were promulgated. There has been a great deal of change in the field of addiction medicine over the past ten years and these regulations update licensing requirements to reflect those changes. Some of the regulations have been changed to conform with changes in federal regulation as well.
They also make technical changes to coincide with the merger of the "Department of Behavioral and Developmental Services" (BDS) and the "Department of Human Services" (DHS) into the Department of Health and Human Services (DHHS).
Ch. 5 now has specific areas devoted strictly to Private Non-Medical Institutions (PNMI), thereby eliminating the need for two separate sets of regulations and making it easier on providers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 20005(6); 22-A MRSA 205(2)
PUBLIC HEARING: A public hearing will be held on April 18, 2006, 10 a.m., DHHS, 442 Civic Center Drive, Augusta, Maine 04333
DEADLINE FOR COMMENTS: April 28, 2006
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250
TTY: (800) 606-0215
E-MAIL: peter.mauro@maine.gov


AGENCY: 02-373 - Department Of Professional and Financial Regulation, Board of Licensure in Medicine
RULE TITLE OR SUBJECT: Ch. 1, Rules for Regulating Physician Licensing
PROPOSED RULE NUMBER: 2006-P66
CONCISE SUMMARY: Ch. 1 rules clarify the statute for licensure and describe the requirements established by the Board of Licensure in Medicine for licensing and renewing the licenses of medical doctors. The proposed changes noted in Ch. 1 will update the rules to conform to statutory changes to the qualifications for licensure of foreign medical graduates. The proposed rules also add definitions of terms used m the Board rules and Board related statutes and make minor clarifications and/or editorial changes.
STATUTORY AUTHORITY: 32 MRSA 3269(3), 3269(7), 3271(6) and 10 MRSA 8003(5)(C)(5)
RULE TITLE OR SUBJECT: Ch. 2, Physician Assistants
PROPOSED RULE NUMBER: 2006-P67
CONCISE SUMMARY: Existing Ch. 2 constitutes rules governing physician assistants who are supervised by physicians licensed by the Board of Licensure in Medicine. Existing Ch. 2 also establishes a Physician Assistant Advisory Committee. The proposed changes in Ch. 2 add definitions to terms used in the Board rules and Board related statutes; delete the "sanctions" portion of the rule as redundant with the Board statute; modify the continuing education requirements required for re-licensure as a physician assistant to conform with physician required continuing medical education; and make minor clarifications and/or editorial changes.
STATUTORY AUTHORITY: 32 MRSA 3269(7), 3270-A, 3270-B & 3270-C
RULE TITLE OR SUBJECT: Ch. 3, Physician Supervision of Advanced Practice Registered Nurse under Medical Delegation
PROPOSED RULE NUMBER: 2006-P68
CONCISE SUMMARY: A certified nurse midwife or certified nurse practitioner who is approved by the Maine State Board of Nursing as an advanced practice registered nurse may choose to perform medical diagnosis or prescribe therapeutic or corrective measures when these services are delegated by a licensed physician, as authorized by 32 MRSA 2205-B.3. When working under the delegation of a physician the APRN/physician relationship must be registered with the Board of Licensure in Medicine. This chapter constitutes rules governing registration of these advanced nursing classifications when performing under the delegation/supervision of a physician, and the physicians who supervise them. Ch. 2 constitutes rules governing Physician Assistants who are supervised by physicians licensed by the Board of Licensure in Medicine. The proposed changes to Ch. 3 modify definitions to conform with updated Board-related statutes; add definitions used in Board rules; clarify how and when a Primary Supervising Physician must register a supervisory relationship with an Advanced Practice Registered Nurse; require a Primary Supervising Physician to submit an updated written plan of supervision with his/her biennial license renewal; and make minor clarifications and/or editorial changes.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 3269(7) and 32 MRSA 2205-B(3)
PUBLIC HEARING); No public hearing is scheduled
DEADLINE FOR COMMENTS: May 5, 2006
AGENCY CONTACT PERSON: Randal C. Manning, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333-0137
TELEPHONE: (207) 287-3601


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 101, Loan Insurance Program, Amendment 1
PROPOSED RULE NUMBER: 2006-P69
CONCISE SUMMARY: This rule Amendment 1 changes the fees for insurance, as set forth in Section XI (B) and (C) of the rule, to lower the minimum annual insurance premium from 1% to 0%, and to replace the fixed commitment fee of 1% to a fee ranging from 0% to 2% as determined by the Authority and set forth in its written Credit Policy.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), and 1026-A
PUBLIC HEARING: 10:00 a.m., April 20, 2006, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before April 20, 2006 but will be accepted on or before May 1, 2006. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General 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 (FAX)


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #04-06
ADOPTED RULE NUMBER: 2006-125
CONCISE SUMMARY: Minimum April 2006 Class I price is $14.47 plus $0.89/cwt. for Producer Margins, an over-order premium of $1.10/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $18.06 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: April 1, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521


AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual - Adult, Subsection 6.6: Payment of Restitution or Fines
ADOPTED RULE NUMBER: 2006-126
CONCISE SUMMARY: The Maine Department of Corrections is adopting a revision to the existing policy, procedures, and rules governing payment of restitution or fines pursuant to Title 17-A MRSA Section 1330 and 34-A MRSA, Sections 3035, 3809-A, and 4111.
A provision was added for continuing to collect joint and several restitution when the persons ordered to pay have not paid equal shares in order to equalize the contributions. It was also clarified that collection of a fine also includes collection of victim's compensation fund assessment and that oldest active docket means the docket with the oldest sentence or disposition start date.
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual - Adult, Subsection 20.1: Prisoner Discipline
ADOPTED RULE NUMBER: 2006-127
CONCISE SUMMARY: The Maine Department of Corrections is adopting a revision to the existing policy, procedures, and rules governing prisoner discipline pursuant to Title 34-A, MRSA, Section 3032. These revisions include the addition of new disciplinary violations, modification of the class of several disciplinary violations, clarification of and minor revisions to the disciplinary and appeal process, and addition of monetary sanctions for two classes of violations.
RULE TITLE OR SUBJECT: Ch. 12, Policy and Procedures Manual - Juvenile, Subsection 15.3: Resident Discipline System
ADOPTED RULE NUMBER: 2006-128
CONCISE SUMMARY: The Maine Department of Corrections is adopting a revision to the existing policy, procedures and rules governing resident discipline pursuant to Title 34-A, MRSA, Section 3032. These revisions include the addition of new disciplinary violations, modification of the class of several disciplinary violations, clarification of and minor revisions to the disciplinary and review process.
EFFECTIVE DATE: March 27, 2006
AGENCY CONTACT PERSON: Esther Riley, Maine Department of Corrections, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4681


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Eligibility Manual: Enrollment in Medicare as a Condition of Eligibility for MaineCare
CONCISE SUMMARY: This rule implements changes necessary to facilitate coordination of MaineCare benefits with the new Medicare Prescription Drug Benefit also known as Medicare Part D, which starts on January 1, 2006. It establishes as a condition of MaineCare eligibility that individuals potentially eligible for Medicare Parts A, B, and/or D must enroll in these programs so long as they are eligible for MaineCare to pay their Part A and/or B premiums, copays, and deductibles. It also removes the asset test for the OMB, SLMB and QI-1 eligibility groups.
AGENCY CONTACT PERSON: Robert Thibodeau, Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948