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Home > Weekly Newspaper Notices > April 22, 2009

April 22, 2009

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: 02-331 – Department of Professional and Financial Regulation, Office of Licensing and Registration, State Board of Funeral Service
RULE TITLE OR SUBJECT: Ch. 1, Definitions (amended), Ch. 2, Meetings and Officers of the Board (repealed), Ch. 2-A, Advisory Rules (new), Ch. 3, Educational Requirements for Licensure (amended), Ch. 4, Examination and Application for Licensure as a Practitioner of Funeral Service (repealed), Ch. 5, Practitioner Trainees (amended), Ch. 6, Reciprocal Agreements (repealed), Ch. 6-A, Pathways to Licensure as a Practitioner of Funeral Service (new), Ch. 7, Funeral Establishments (amended), Ch. 8, Health and Safety Standards (amended), Ch. 9, Complaints and Inspections (repealed), Ch. 10, General Rules/Scope of Practice (amended), Ch. 11, Annual Renewal; Continuing Education; Inactive Status (amended), Ch. 12, Transportation of Human Remains (amended), Ch. 13, Disinterment (amended), Ch. 14, Temporary Storage (amended), Ch. 15, Code of Ethics (amended), Ch. 16, Prearranged Funerals – Mortuary Trust Agreements (amended), including Guaranteed Service Mortuary Trust Agreement (amended), Credit for Service Mortuary Trust Agreement (amended) and Life Insurance Mortuary Trust Agreement (new)
PROPOSED RULE NUMBER: 2009 – P77 through P94
CONCISE SUMMARY: The proposed rules: (a) describe the manner in which the board will consider and act upon requests for advisory rulings, (b) require an Associate Degree or higher for licensure as a practitioner of funeral service, (c) recognize trainee hours or an entire practitioner traineeship completed in another jurisdiction, (d) shorten the maximum duration of a practitioner traineeship from 8 years to 4 years, (e) prohibit a person from working as a practitioner trainee following successful completion of a practitioner traineeship, (f) define a “branch” of a funeral home , (g) define a change in ownership of a funeral home as the sale or transfer of the entire ownership of the home, (h) require every funeral home to have a licensee in charge who is responsible for the establishment's compliance with the funeral laws and rules, (i) provide for an orderly transition in licensure upon a change of ownership, (j) require a funeral home to notify holders of mortuary trust agreements of a change in ownership and their option to request the resignation of the trustee and designate a different funeral home as trustee, (k) provide for an orderly transition in licensed operation upon the death, incapacity, resignation or unavailability of a licensee in charge, (l) describe with specificity the tasks that may and may not be performed by funeral attendants, (m) require a funeral home to disclose to customers whether or not rental caskets are offered, (n) provide for inactive status licensure, (o) clarify that licensees shall treat all persons with respect, dignity and courtesy regardless of race, religion, national origin, gender orientation, education, financial status or cause of death, (p) define a life insurance mortuary trust agreement, (q) reflect a change in name from “guaranteed price mortuary trust agreement” to “guaranteed service mortuary trust agreement,” (r) emphasize that a funeral director has the obligations of a trustee with respect to mortuary trust funds or the insurance policy and policy proceeds, (s) provide for replacing a credit for service mortuary trust agreement with a guaranteed service mortuary trust agreement, (t) state that no fee may be charged by a licensee in connection with a life insurance mortuary trust agreement, and (u) make various changes that reflect the availability of the new life insurance mortuary trust.

The proposed rules also amend the Guaranteed Service Mortuary Trust Agreement and Credit for Service Mortuary Trust Agreement attached to this chapter and promulgate a new Life Insurance Mortuary Trust Agreement. The amendments to the Guaranteed Service and Credit for Service Mortuary Trust Agreements: (v) permit the parties to now specify both a representative of the payor and an alternate contact person, if desired, (w) set forth a funeral home's obligation to make select mortuary trust records available for inspection by the payor without prior notice, and make complete records available for inspection within three business days, (x) state a funeral home's obligation to return all mortuary trust funds to the payor in the event that the home is unable to perform its obligations under the trust, (y) change the circumstances under which a funeral home can resign as trustee, (z) require a funeral home to send an annual report to the payor and beneficiary of each mortuary trust it holds, (aa) require a funeral home to furnish the payor of a mortuary trust with a final report within 30 days of rendition of services, and (bb) explicitly state that the validity, construction and administration of the trust created by a mortuary trust agreement will be governed by The Maine Uniform Trust Code, 18-B MRSA §101, et seq. (cc) The amendments to the Guaranteed Service Mortuary Trust Agreement clarify options for treatment of cash advance items and require that the trust be fully funded at its inception. (dd) The amendments to the Credit for Service Mortuary Trust Agreement include more specific instructions for disposition of any excess trust funds following rendition of services.

The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §§8051 and 9001(4); 32 MRSA §§1401(2), 1451 and 1501
PUBLIC HEARING: May 12, 2009, 9:00 am, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: May 22, 2009

AGENCY CONTACT PERSON: Penny Vaillancourt, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta , ME 04333

TELEPHONE: (207) 624-8420

E- MAIL : penny.vaillancourt@maine.gov
E- MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: jeffrey.m.frankel@maine.gov

PROPOSED RULL AVAILABLE ON LINE AT: www.maine.gov/professionallicensing

AGENCY: 01-015 – Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 26, Producer Margins
PROPOSED RULE NUMBER: 2009-P95
CONCISE SUMMARY: The principal reason for this rulemaking is to update producer margins.

SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2954
PUBLIC HEARING: May 22, 2009, Friday, starting at 1:30 pm, Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 1, 2009
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333

TELEPHONE: (207) 287-7521

E- MAIL : tim.drake@maine.gov

AGENCY: 09-137 – Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Antlerless Deer Hunting Restrictions
PROPOSED RULE NUMBER: 2009-P96
CONCISE SUMMARY: In accordance with Title 12, MRSA, §11152, sub-§ 3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt Antlerless Deer Hunting Restrictions for the 2009 regular and special muzzleloading deer hunting seasons; retaining the restriction on the regular archery season to bucks only in those Wildlife Management Districts that have no antlerless permits being allocated and, propose to restrict youth hunting day to bucks-only in those Wildlife Management Districts that have no antlerless permits being allocated. This proposal will establish specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:

 

WMD 1 – 0 permits
WMD 16 – 2,375 permits
WMD 2 – 0 permits
WMD 17 – 1,800 permits
WMD 3 – 0 permits
WMD 18 – 0 permits
WMD 4 – 0 permits
WMD 19 – 0 permits
WMD 5 – 0 permits
WMD 20 – 3,420 permits
WMD 6 – 0 permits
WMD 21 – 3,960 permits
WMD 7 – 0 permits
WMD 22 – 7,220 permits
WMD 8 – 0 permits
WMD 23 – 6,930 permits
WMD 9 – 0 permits
WMD 24 – 1,760 permits
WMD 10 – 0 permits
WMD 25 – 4,410 permits
WMD 11 – 0 permits

WMD 26 – 590 permits

WMD 12 – 0 permits
WMD 27 – 0 permits
WMD 13 – 0 permits
WMD 28 – 0 permits
WMD 14 – 0 permits
WMD 29 – 600 permits
WMD 15 – 2,840 permits
 
TOTAL – 35,905


STATUTORY AUTHORITY: 12 MRSA §11152
PUBLIC HEARING: May 13, 2009 @ 6:30 pm, Greenville High School, Pritham Avenue, Greenville (NOTE: Following the public hearing on the antlerless deer proposal, the Department invites the public to attend an informational meeting regarding fishing regulation on Moosehead Lake)
DEADLINE FOR COMMENTS: May 23, 2009
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 41 State House Station, Augusta, ME 04333

TELEPHONE: (207) 287- 5201

E- MAIL : andrea.erskine@maine.gov

ADOPTIONS

AGENCY: 90-590 – Maine Health Data Organization

CHAPTER NUMBER AND TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets

ADOPTED RULE NUMBER: 2009-156

CONCISE SUMMARY: This rule change allows Maine hospitals another option in filing outpatient data with the MHDO for services provided at clinics in a different municipality. This change also includes a “Present on Admission Indicator” data element to the “Principal Diagnosis” and “External Cause of Injury” code for reporting of hospital inpatient data. Other minor technical changes are also being made to conform to the National Uniform Billing Committee definitions. This rule will not have a fiscal impact on municipalities.

EFFECTIVE DATE: April 15, 2009

CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets

ADOPTED RULE NUMBER: 2009-157

CONCISE SUMMARY: This rule change requires health care claims processors to submit additional data elements, including encrypted names of subscribers and members, and billing provider information. This change also corrects errors in the technical appendices. This rule will not have a fiscal impact on municipalities.

See www.maine.gov/mhdo for MHDO adopted rules.

EFFECTIVE DATE: April 15, 2009

AGENCY CONTACT PERSON/RULE-MAKING LIAISON: Debbie Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102

TELEPHONE: (207) 287-6724

EMAIL: debra.j.dodge@maine.gov

AGENCY : 10-144 – Department of Health and Human Services, Office of Integrated Access and Support

CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rev. #248E, Repeal of the $25 Enrollment fee for some Caretaker Relatives and Reduction of the Katie Beckett Premiums for Families Enrolled in the Program

ADOPTED RULE NUMBER: 2009-158

CONCISE SUMMARY: The Department is repealing the $25 enrollment fee that has been required for some Caretaker Relatives and is reducing the premium a family has to pay when enrolled in the Katie Beckett program. The Department is doing this as required under the American Reinvestment and Recovery Act (ARRA) of 2009 in order to receive a temporary increase in the Federal Medicaid Assistance Percentage (FMAP) rate afforded to states under the (ARRA).

EFFECTIVE DATE: April 1, 2009

AGENCY CONTACT PERSON: Bethany Hamm, MaineCare 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) 287-5083; TTY: (800) 606-0215

EMAIL: bethany.hamm@maine.gov

E- MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov

 

AGENCY : 09- 137 - Department of Inland Fisheries and Wildlife

CHAPTER NUMBER AND TITLE: Ch. 5, State Owned Wildlife Management Areas

ADOPTED RULE NUMBER: 2009-159

CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the fee structure for day visits and camping at the Steve Powell Wildlife Management Area (Swan Island) as well as other amendments to expand recreational opportunities on the Island as follows: the operating season is lengthened by 2 months; daily operating hours are now sunrise to sunset; additional camp sites are being designated, and the restriction on the number of visitors is repealed. A copy of the new rule may be obtained from the agency contact person listed below.

EFFECTIVE DATE: April 18, 2009

CHAPTER NUMBER AND TITLE: Ch. 4.05, Moose Permit Auction

ADOPTED RULE NUMBER: 2009-160

CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule change pertaining to the moose permit auction; specifically, the deadline for accepting bids. The new deadline for next year's auction will be February 15 th . This change will enable the Department to collect and disburse the funds to the organizations administering the conservation/education programs for youth in a timely manner.

EFFECTIVE DATE: April 19, 2009

CHAPTER NUMBER AND TITLE: Ch. 4.05(K), Moose (Open and Closed Season)

ADOPTED RULE NUMBER: 2009-161

CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule providing for a controlled moose hunt in designated areas in Aroostook County that will be open to the hunting by permit only (special landowner/guide lottery) during a specified period between August 15 and December 31, 2009 . The Department will determine the number of moose hunting permits to be issued. Each permit will specify the number and sex of moose to be taken, the timing of the hunt, and any other special conditions deemed necessary. The objective of this proposal is to lower moose numbers in specific areas where they are causing damage.

A detailed copy of the rule may be obtained from the Agency Contact Person listed below.

EFFECTIVE DATE: April 19, 2009

AGENCY CONTACT PERSON/RULE-MAKING LIAISON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, 284 State Street , Augusta , ME 04333-0041

TELEPHONE: (207) 287-5201

EMAIL: andrea.erskine@maine.gov

 

AGENCY: 02-380 – Maine State Board of Nursing

CHAPTER NUMBER AND TITLE: Ch. 5, Reg ulations Relating to Training Programs and Delegation by Reg istered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants

ADOPTED RULE NUMBER: 2009-162

CONCISE SUMMARY: Changes the hours of the nursing assistant course from 150 to 180 hours consisting of 90 hours classroom, 20 hours laboratory, and 70 hours of correlated, supervised clinical practice.

EFFECTIVE DATE: April 19, 2009

AGENCY CONTACT PERSON FOR THIS FILING: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta , ME 04333-0158

TELEPHONE: (207) 287-1133

EMAIL: virginia.e.delorimier@maine.gov

CHAPTER NUMBER AND TITLE: Ch. 11, Reg ulations Relating to the Nurse Licensure Compact

ADOPTED RULE NUMBER: 2009-163

CONCISE SUMMARY: Provides for examples of evidence of residency, instructions for nurses on a visa, use of the multi state privilege and limitation on multi state privilege when a license is disciplined.

EFFECTIVE DATE: April 19, 2009

AGENCY CONTACT PERSON FOR THIS FILING: Myra A. Broadway, Executive Director, Maine State Board of Nursing, 161 Capitol Street, 158 State House Station, Augusta, ME 04333-0158

TELEPHONE: (207) 287-1133

EMAIL: myra.a.broadway@maine.gov

E- MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: vicki.i.emery@maine.gov

 

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 2, Aquaculture Lease Reg ulations

ADOPTED RULE NUMBER: 2009-164
CONCISE SUMMARY: These amendments to Chapter 2 update the form of application fee payments now acceptable (no application fee changes were proposed); reduces the rent for the first two years for certain leases; removes outdated language regarding discharge type leases; implements greater flexibility in the format of the LPA license applications and decision documents; requires a municipal signature when an LPA is located in the intertidal area of a municipality with a shellfish program; eliminates the prohibition on LPA's between extreme low and mean low water marks in municipalities with shellfish committees; adds scallops to the approved species list for LPA's and gear descriptions for scallop culture; adds a new section on aquaculture lease site workers operating under the authority of a shellfish license holder; updates notice provisions; and corrects references throughout the chapter that have been repealed or revised.

CHAPTER NUMBER AND TITLE: Ch. 13, Whelks

ADOPTED RULE NUMBER: 2009-165
CONCISE SUMMARY: The adopted amendments to Chapter 13 include clarification to the whelk permit requirement; replacement of the closure permit with the option for processors and harvesters to request targeted localized testing for an exception to closed areas due to red tide/PSP to harvest whelks instead of a permit; the repeal of the optional harvester reporting; and renumbering throughout the entire chapter.

CHAPTER NUMBER AND TITLE: Ch. 25.08(F), Lobster Trap Tag System, Special Circumstances Permit

ADOPTED RULE NUMBER: 2009-166
CONCISE SUMMARY: The adopted rule requires that requests for a variance from the requirements of Chapter 25.08(B)(2)&(5) be made to the department in writing, and that any such approvals would be in the form of a special circumstances permit. This permit provides a mechanism to allow the Maine Patrol to better enforce Chapter 25.08(B)(2)&(5) Trap tags, and limit potential abuses.

CHAPTER NUMBER AND TITLE: Ch. 49, Shellfish Bait Reg ulations

ADOPTED RULE NUMBER: 2009-167
CONCISE SUMMARY: New sources of bait are coming into Maine that is not in compliance with the control of bait products and the certification of the State's National Shellfish Sanitation Program. The adopted regulations would allow recreational saltwater bait dealers to provide non-consumable marine mollusks and or shellfish bait.

CHAPTER NUMBER AND TITLE: Ch. 90.02(C), Conservation Areas, Lincoln County , Wiscasset – boundary clarification

ADOPTED RULE NUMBER: 2009-168
CONCISE SUMMARY: Theses regulations clarify the boundary description for enforcement purposes as there was a discrepancy in the distance between the landmarks and the dimensions stated in the rule, which made enforcement problematic. The former Freight House that has burned down and its adjacent stone pilings landmark have been updated with a reference to the distance of the stone pilings from the Route No. 1 Highway.

EFFECTIVE DATE: April 20, 2009

AGENCY CONTACT PERSON/RULE-MAKING LIAISON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008

TELEPHONE: (207) 633-9584; TTY: (207) 633-9500 (Deaf/Hard of Hearing)

WEBSITE: http://www.maine.gov/dmr/rulemaking/

E- MAIL : laurice.churchill@maine.gov