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Home > Weekly Newspaper Notices > August 30, 2006

August 30, 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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control & Prevention, Office of Rural Health and Primary Care
RULE TITLE OR SUBJECT: Ch. 513, Repeal J-1 Visa Waiver Review and Recommendation Process for the State of Maine
PROPOSED RULE NUMBER: 2006-P196
CONCISE SUMMARY: This state law is being repealed because it is the Federal law, not the state law that controls the administration of the J-1 Visa Waiver Program. As such, it is not necessary for the programs policies to be entered into agency rules. The State Office of Rural Health and Primary Care will develop a policy manual that will describe program procedures and guide the waiver review and recommendation process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: n/a
PUBLIC HEARING: none scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 29, 2006
AGENCY CONTACT PERSON: Charles Dwyer, Director, Office of Rural Health and Primary Care, 286 Water Street, 6th Fl, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5524



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #10-06
PROPOSED RULE NUMBER: 2006-P197
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 Section 2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: September 22, 2006, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 22, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Certification Manual, Rev. #150P: Gross Income Means Test for Expanded Categorical Food Stamp Households and Policy Clarifications and Typographical Corrections
PROPOSED RULE NUMBER: 2006-P198
CONCISE SUMMARY: This rule proposes the following changes to comply with Federal Law:
1. Households must pass a 130% Federal Poverty Level (FPL) gross income test to be eligible for the Maine Resource Guide (a TANF-funded service). If found eligible, then the household can be considered "categorically eligible" for Food Stamps..
This rule also provides the following policy clarifications, deletions and additions:
1. Deletes all reference to Food Stamp “coupons” and “allotments” and replaces them with either Food Stamp “benefit” or EBT “issuance”.
2. Clarifies individuals who miss application or recertification interview appointments must be provided proper notice of missing the appointment before the Department takes action to close, or deny the Food Stamp case.
3. Clarifies policy of allowing a prorated share of the Non-heat Utility Allowance or telephone-only utility allowance for Food Stamp participants in a shared residence.
4. Inserts the words “high school” before the word “student” in the definition of who is eligible for the Maine DHHS Resource Guide for Families.
5. Clarifies individuals who are disqualified from MaineCare for non-cooperation with Quality Assurance are not disqualified from Food Stamps.
6. Broadens the definition of allowable excess medical expenses by adding language to include service animals trained for serving the needs of aged or disabled individuals.
7. Clarifies when households with self-employment rental income and renters can be allowed the full standard utility allowance in their excess shelter expenses.
8. Clarifies definition of “household composition” used in the rules for Change Reporting to include changes in marital status.
9. Corrects typographical and spelling errors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 CFR 273.9, 7 CFR 273.2(j), 22 MRSA §3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 29, 2006
AGENCY CONTACT PERSON Robert Thibodeau, Food Stamp Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800) 606-0215 (Deaf/Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Certification Manual, Rev. #151P: Increase in Income Limits, Maximum Allotments, Standard Deduction, And Excess Shelter Deduction
PROPOSED RULE NUMBER: 2006-P199
CONCISE SUMMARY: This policy reflects the annual Food Stamp increases in income limits, maximum monthly benefits, the standard deduction for households of four or more, and the excess shelter deduction.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 3104; and 7 CFR 273.10 (e)(4)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 29, 2006
AGENCY CONTACT PERSON Robert Thibodeau, Food Stamp Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5054
TTY: 1 (800) 606-0215 (Deaf/Hard of Hearing)


ADOPTIONS



AGENCY: 02-373 - Department of Professional and Financial Regulation, Board of Licensure in Medicine
CHAPTER NUMBER AND TITLE: Ch. 1, Rules for Regulating Physician Licensing
ADOPTED RULE NUMBER: 2006-389
CONCISE SUMMARY: Chapter 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 chapter 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 in the Board rules and Board related statutes and make minor clarifications and/or editorial changes.
CHAPTER NUMBER AND TITLE: Ch. 2, Physician Assistants
ADOPTED RULE NUMBER: 2006-390
CONCISE SUMMARY: Existing chapter 2 constitutes rules governing physician assistants who are supervised by physicians licensed by the Board of Licensure in Medicine. Existing chapter 2 also establishes a Physician Assistant Advisory Committee . The proposed changes in chapter 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.
CHAPTER NUMBER AND TITLE: Ch. 3, Physician Supervision of Advanced Practice Registered Nurse under Medical Delegation
ADOPTED RULE NUMBER: 2006-391
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 and biennial re-registration of these advanced nursing classifications when performing under the delegation of a physician, and the physicians who supervise them. Changes are proposed to the registration requirements and the written plan of supervision sections of the rules.
EFFECTIVE DATE: August 23, 2006
AGENCY CONTACT PERSON: Randal C. Manning, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333-0137
TELEPHONE: (207) 287-3605



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and trapping: 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2006-392
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2006 Migratory Bird Hunting Season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: August 27, 2006
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station – 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-06
ADOPTED RULE NUMBER: 2006-393
CONCISE SUMMARY: Minimum September 2006 Class I price is $14.10 plus $ 1.35/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 $18.15 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: September 3, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 16-222 – Department of Public Safety, Bureau of Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Motor Carrier Safety Rules
ADOPTED RULE NUMBER: 2006-394
CONCISE SUMMARY The proposed rules will allow the current rules first adopted January 1, 1987 to comply with the changes to Title 49 Code of Federal Regulations Parts 40, 382, 383, 390, 391, 392, 393, 395, 396 and Appendices to Subchapter B since the original adoption date. Changes that have been made include including some requirements to perform background checks and keep records on drivers in Part 391 and to adopt sections of Part 383. Chapter 4 also includes Maine-adopted amendments to the federal regulations. This adoption will keep Maine current with the rest of the nation.
EFFECTIVE DATE: September 15, 2006
AGENCY CONTACT PERSON: John Fraser, Maine State Police, 20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8914



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 4, Ambulatory Surgical Center Services
ADOPTED RULE NUMBER: 2006-395
CONCISE SUMMARY: This rulemaking permanently adopts the proposed rule that entailed changes to the MaineCare Benefits Manual, Chapter II, Section 4, Ambulatory Surgical Center Services.
The Department adopted new language that updated billing and reimbursement instructions for Ambulatory Surgical Center Services. Included in this update was a coding modifier change from “F” to “SG”. The Department also made technical corrections for clarification.
This change deletes an obsolete billing modifier and allows MaineCare to mirror the Healthcare Common Procedure Coding System (HCPCS) for a more uniform method of billing for professional services.
See: http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 2006
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing