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Home > Weekly Newspaper Notices > November 8, 2006

November 8, 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: 65-625 - Public Utilities Commission, Emergency Services Communications Bureau
RULE TITLE OR SUBJECT: Ch. 1, Standards for Establishing a Statewide Enhanced 9-1-1 System
PROPOSED RULE NUMBER: 2006-P292
CONCISE SUMMARY: The Commission is proposing to amend Section 3 of Ch. 1 of the rules of the Emergency Services Communication bureau (ESCB) to enhance delivery and administration of training for emergency call takers and dispatchers and improve compliance with specific sections of the American with Disabilities Act (ADA), relative to call identification and response to TTY/TDD 9-1-1 calls.
THIS RULE IS EXPECTED TO HAVE MINIMAL FISCAL IMPACT ON MUNICIPALITIES; COMMENTS ARE BEING SOUGHT.
STATUTORY AUTHORITY: 25 MRSA §2926(3)
PUBLIC HEARINGS:
November 28, 2006 - 3:00 p.m., Alpha One Independent Living Services, 1048 Union Street, Suite 2, Bangor, Maine
November 29, 2006 - 3:00 p.m., Maine Division on Deafness - Dept. of Labor, 2 Anthony Street, Conf. Room 2, 2nd Floor Augusta, Maine
November 30, 2006 - 6:00 p.m., Maine Center on Deafness (MCD), 68 Bishop Street, Portland, Maine
ASL Interpreters Provided at all hearings.
COMMENT DEADLINE: December 11, 2006
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 02-313 - Board of Dental Examiners
RULE TITLES OR SUBJECT:
Ch. 1, Definitions
Ch. 2, Rules Relating to Dental Hygienists
Ch. 3, Rules Relating to Dental Assistants
Ch. 4, Rules Relating to the Practice of Denturism
Ch. 5, Requirements for Licensure as a Denturist
Ch. 6, Rules for Approved Radiation Barriers
Ch. 7, Licensing/Certification/Late Fees
Ch. 8, Advertising
Ch. 9, Complaints/Investigations/Unprofessional Conduct
Ch. 10, Licensure Requirements for Dental Radiographers
Ch. 11, Requirements for Licensure as Dental Hygienists
Ch. 12, Requirements for Dental Licensure
Ch. 13, Continuing Education
Ch. 14, Rules for use of General Anesthesia/Sedation by Dentists
Ch. 15, Mortality or Life Threatening Situations in a Dental Office
PROPOSED RULE NUMBER: 2006-P293 through P307
CONCISE SUMMARY:
Ch. 1: This repeals the current Ch. 1, Rules Relating to Dental Hygienists, and replaces it with a list of definitions of specific language, acronyms, agency titles, etc. used throughout the remainder of the rules.
Ch. 2: This repeals the current Ch. 2, Rules Relating to Dental Assistants, and replaces it with the current Ch. 1, Rules Relating to Dental Hygienists. However, the section on definitions has been omitted as definitions are now included in the currently proposed Ch. 1, Rules on Definitions. In addition, the rules expand the scope of practice of dental hygienists working under Public Health Supervision (PHS) status with the following additional allowable duties: 1) the application of topical antimicrobials (excluding antibiotics) for the purpose of bacterial reduction, caries control, and desensitization in the oral cavity; and 2) the placement of temporary fillings including the protocols for placement. Finally, some minor clarification and housekeeping changes have been made.
Ch. 3: This repeals the current Rules Relating to the Practice of Denturism and replaces it with the current Ch. 2, Rules Relating to Dental Assistants. However, the section on definitions has been omitted as definitions are now included in the currently proposed Ch. 1, Rules on Definitions. In addition, it expands the scope of practice of dental assistants with the addition of allowable duties, both under the general and direct supervision of a dentist. Finally, it defines the duties that an Expanded Function Dental Assistant (EFDA) can perform, by permit only, under the direct supervision of a dentist and outlines the certification requirements for an EFDA.
Ch. 4: This repeals the current rule which outlines the educational requirements for establishing a denture technology program in the State of Maine as it is not applicable, and replaces it with the current Ch. 3, Rules Relating to the Practice of Denturism. However, a few specific sections have been omitted, i.e. definitions, complaints, and continuing education, which have been added to other Board rules that pertain to those topics. Some housekeeping/formatting changes have also been made.
Ch. 5: This repeals the current Ch. 5, Rules Relating to Lead Aprons, and replaces it with the establishment of Requirements for Licensure as a Denturist, which are currently defined in statute only.
Ch. 6: This repeals the current Ch. 6, Rules Relating to Fees, and replaces it with the current Ch. 5, Rules Relating to Lead Aprons. However, the title of the rule has been changed and the language has been revised, not to alter the content or intent, but to use more concise and appropriate technical dental terminology and to reference the appropriate statute.
Ch. 7: This repeals the current Ch. 7, Rules Relating to False and Misleading Advertising, and replaces it with the current Ch. 6, Rules Relating to Fees. It also now includes the fees for dental radiographer registration and EFDA (Expanded Function Dental Assistant) certification.
Ch. 8: This repeals the current Ch. 8, Rules Relating to Complaints, and replaces it with the current Ch. 7, Rules Relating to False and Misleading Advertising. Additional language has been added to make it more specific both in respect to the types of practices to which the rules apply, as well as the various advertising mediums.
Ch. 9: This repeals the current Ch. 9, Rules Relating to Licensure Requirements for Dental Radiographers, and replaces it with the current Ch. 8, Rules Relating to Complaints. In addition, language has been added pertaining to the following: 1) the title of the rule; 2) to define the Board’s authority in initiating investigations and complaints; 3) to add the prescribing of narcotics to oneself, a family member, or a domestic partner to the list under Section II for unprofessional conduct; 4) to better articulate the requirement for the release of patient records; 5) to add two items to the list of items that would constitute violations of sanitary and unsafe office conditions: a.) failure of a dentist to ensure that nitrous oxide delivery meets the standards for controlling exposure; and b.) allowing animals in the dental practice; 6) to include the requirement that patient records be kept for a period of seven (7) years; and 7) to include the requirement of an approved radiation barrier before taking x-rays of the patient. Some minor housekeeping changes have also been made.
Ch. 10: This will repeal the current Ch. 10, Rules Relating to Requirements for Licensure for Dental Hygienists, and replaces it with the current Ch. 9, Rules relating to Licensing Requirements for Dental Radiographers. In addition, a summary statement is now included, as well as the requirement of current CPR certification.
Ch. 11: This will repeal the current Ch. 11, Rules Relating to Educational Requirements for Licensure [for dentists], and replaces it with the current Ch. 10, Rules Relating to Requirements for Licensure for Dental Hygienists. In addition, a summary statement is now included, housekeeping language has been added, and the addition of the words “or Canadian province” has been made under Section II.C. for Licensure by Endorsement to make it consistent with statute. Finally, a three-year requirement of prior active clinical practice has been included to be consistent with statute.
Ch. 12: This will repeal the current Ch. 12, Rules Relating to Continuing Dental Education, and replace it with the current Ch. 11, Rules Relating to Educational Requirements for Licensure [for dentists]. In addition, the title of the rule has been changed to be more specific, a summary statement has been included, the entire Section III, Minimum Standards for Approved Curriculum in Dentistry has been deleted as it is outdated and obsolete, minor housekeeping changes have been made, and the requirement of current CPR certification has been added.
Ch. 13: This will repeal the current Ch. 13, Rules Relating to Rule for Use of General Anesthesia/Sedation by Dentists, and replace it with the current Ch. 12, Rules relating to Continuing Dental Education. In addition, some significant housekeeping and clarification language has been changed in order to make the rules more readable and concise, current CPR certification has been added as a requirement for licensure and license renewal for dental radiographers, the continuing dental education requirement for EFDAs has been added, including current CPR certification, and the International Federation of Denturists has been added as an accepted sponsor for continuing denturist education.
Ch. 14: This will repeal the current Ch. 14, Rules Relating to Mortality or Life Threatening Situations in a Dental Office, and replace it with the current Ch. 13, Rules relating to the Use of General Anesthesia/Sedation by Dentists. In addition, the rules now contain a summary statement and the section on definitions has been eliminated as it is now contained in the newly proposed Ch. 1, Rules on Definitions. Some very minor housekeeping changes have also been made.
Ch. 15: This will establish a new chapter by repealing the current Ch. 14, Rules Relating to Mortality or Life Threatening Situations in a Dental Office, and placing it in this chapter. The title has also been changed, a summary statement has been included and minor language changes have been made in order to make it more specific.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§ 1073.2., 1073.3, 1081.1, 1081.4, 1081.3, 1082, 1083, 1081.4, 1083, 1084-A, 1085, 1084-A, 1098-B and 1089, 1094-D, 1094-E, 1094-F, 1094-G, 1094-H, 1095, 1096, 1097, 1098-B, 1098-D, 1099, 1100-A, 1100-C, 1100-D, 1100-E, 1100-E1, 1100-N, 1100-O, and 1100-P.
PUBLIC HEARING: December 1, 2006
DEADLINE FOR COMMENTS: January 13, 2007
AGENCY CONTACT PERSON: Anita C. Merrow, Board of Dental Examiners, 143 State House Station, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333


ADOPTIONS



AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling for Low Income Housing Tax Credit ADOPTED RULE NUMBER: 2006·457
CONCISE SUMMARY: The Internal Revenue Code of 1986, as amended, (the "Code") requires Maine State Housing Authority ("MaineHousing"), as the State's designated housing credit agency, to adopt a qualified allocation plan for allocating and administering the State ceiling of low income housing tax credits (the “State Ceiling"). This Rule is MaineHousing's qualified allocation plan. MaineHousing is modifying the current Rule, which is the qualified allocation plan for allocating the 2006 State Ceiling, to establish the qualified allocation plan for allocating the 2007 State Ceiling. Significant changes from the 2006 qualified allocation plan include: (i) the bifurcation of the scoring criterion that rewards projects with a higher level of handicapped accessibility to reward a higher level of accessibility in elderly projects than in family projects; (ii) addition of a new scoring criterion to encourage developers to adopt a policy prohibiting smoking in the units and common areas of a project to improve indoor air quality and promote healthy living environments for residents; (iii) modification of the leveraged funds category to provide an incentive for a wider range of capital subsidy, including even small amounts of subsidy, which reduces the amount of MaineHousing subsidy necessary to develop a project; (iv) addition of a new scoring criterion to incrementally reward developers who have a commitment of project-based rental assistance based on the number of assisted units in the project and the length of the rental assistance contract; (v) addition of a new scoring criterion to reward developers who have certain property tax relief arrangements pursuant to which a portion of the annual incremental property tax revenue is used to pay the operating costs of the project or is foregone by the municipality to reduce the operating costs of the project; (vi) modification of the contractor health insurance scoring criterion to reflect MaineHousing's experience with the availability of employer-funded health insurance among contractors of MaineHousing-financed multifamily housing and to incorporate the Maine Revenue Service definition of "health benefit plan" in 36 MRSA §5219-O(2) into the definition of "eligible group health insurance plan" in the scoring criterion; (vii) modification of existing criteria to clarify or better effectuate the intent of the criteria; and (viii) other updates, clarifications and grammatical changes.
EFFECTIVE DATE: November 6, 2006
AGENCY CONTACT PERSON: Jodie Stevens, Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603