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Home > Weekly Rule-making Notices > September 19, 2012

September 19, 2012

WEEKLY NOTICES 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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 41, Proposed Statement for Administering the 2013 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2012-P212
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
PUBLIC HEARING: October 10, 2012, 11:00 a.m., Burton Cross Office Building - 3rd Floor, 111 Sewell Street, Augusta, Maine 04330
DEADLINE FOR COMMENTS: October 20, 2012, 4:00 p.m.
AGENCY CONTACT PERSON: Deborah Johnson, Director, OCD, Department of Economic and Community Development, Office of Community Development, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059. Telephone: (207) 624-9817. E-mail: Deborah.Johnson@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §13058 sub-§3
WEBSITE: http://www.maine.gov/decd/meocd/
DECD RULE-MAKING LIAISON: Douglas.Ray@Maine.gov .



AGENCY: 10-144 – Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 114, Rules Governing the Reporting of Sentinel Events
PROPOSED RULE NUMBER: 2012-P213
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kenneth Albert, RN, Esq., Director, Division of Licensing and Regulatory Services, 41 Anthony Avenue, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300; (800) 791-4080. Fax: (207) 287-5807. E-mail: Kenneth.Albert@Maine.gov .
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: October 19, 2012 at 5 p.m.
BRIEF SUMMARY: The proposed rules replace the outdated 2007 NQF list of serious reportable events with the 2011 updated list published by the National Quality Forum (NQF). The 2011 NQF list includes the following changes: [1] A NEW category is added to the NQF list: “Radiologic Events” is now Category 6; [2] A NEW event is added at Category 1E: patient death associated with the administration of anesthesia; [3] The event in Category 3A is expanded to include the discharge or release (to other than an authorized person) of a person “of any age who is unable to make decisions” (the word “infant” is deleted); [4] The event in Category 3C is expanded to include “self-harm” (Patient suicide, attempted suicide or self-harm); [5] A number of changes are made to Category 4 including the following: three events in the 2007 list are not in the 2011 list (deletes hypoglycemia, hyperbilirubinemia, and spinal manipulative therapy); there are three NEW events (4D - death or serious injury of a neonate associated with labor or deliver in a low-risk pregnancy; 4H – death or serious injury resulting from the irretrievable loss of an irreplaceable biological specimen; and 4I - death or serious injury resulting from failure to follow up or communicate laboratory pathology or radiology test results); [6] An event was moved out of Category 5 and into Category 4E (death or serious injury associated with a fall); and [7] An event in Category 7C is expanded to include the underlined words: (Sexual abuse/assault on a patient or staff member).
* The definitions of “Serious” and “Surgery” have been updated for consistency with the 2011 NQF events. See Sections 1.24 and 1.27.
* The department also made non-substantive changes to this rule including: [1] implementing the federal change of the term ICF/MR (Intermediate Care Facilities for Persons with Mental Retardation) to ICF/IID (Intermediate Care Facility for Individuals who are Intellectually Disabled); and [2] updated reference to the 2011 NQF list of serious reportable events. See Sections 1.8.4 and 1.22.4.
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule is not expected to fiscally impact or create new recording burdens for health care facilities. This rule is not expected to yield new costs for municipal or county governments.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA Ch. 1684, Sentinel Events Reporting; 22 MRSA §42; and 22-A MRSA §205
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Not different.
WEBSITE: http://www.maine.gov/dhhs/dlrs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 3, Public Interaction and Conflicts with Wildlife (New): 3.0, Feeding of Deer
PROPOSED RULE NUMBER: 2012-P214
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
PUBLIC HEARING: None scheduled – one may be requested
COMMENT DEADLINE: October 19, 2012
BRIEF SUMMARY: In accordance with Title 12 MRSA §10105 sub-§14, the Commissioner of Inland Fisheries and Wildlife is proposing to a adopt rules to regulate the feeding of deer in order to minimize potential public safety hazards or detrimental effects on deer, as well as minimize the risk of Chronic Wasting Disease as defined in Title 7 §1821 sub-§1.
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §10105
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
WEBSITE: http://www.maine.gov/ifw/ .


ADOPTIONS


AGENCY: 05-071 - State Board of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 114, Purpose, Standards and Procedures for the Review and Approval of Preparation Programs for Education Personnel
ADOPTED RULE NUMBER: 2012-261
CONCISE SUMMARY: The Department of Education and the State Board of Education propose to amend the rules governing the preparation of teachers and school leaders by replacing, adopting and infusing educator preparation program approval standards as regards both pre-service and in-service teachers, school building leaders, district level leaders and nontraditional path candidates leading to educator certification. It is also proposed to adopt national educational technology standards to be met by all initial teacher and school leader candidates prior to seeking educator certification; to infuse standards applicable to course delivery, whether such courses are offered in a face-to-face, a hybrid/blended, an online, or a dual method mode, as quality assurance measures to be employed by all of Maine’s educator preparation programs; and to incorporate revised definitions and procedures in the program approval process for higher education institutions that prepare professional educators. Ch. 114 last underwent a comprehensive review in 2006 resulting in approval of a number of changes and necessary upgrades. Since that time it has become apparent that a number of refinements, updates and revisions to rule were needed. During the November 10, 2010 meeting of the Maine State Board it was resolved to establish a Stakeholders Group to conduct a comprehensive review of Ch. 114 and to submit a report of its findings to the Board for its consideration and appropriate action. The State Board has received the Stakeholders Group report of findings, along with specific recommendations, and, during its May 9, 2012 meeting, acted to initiate the Administrative Procedures Act (APA) process concerning the recommended amendments to rule. The amendments to rule represent changes to a performance-based system of initial and on-going preparation for classroom teachers, school building leaders, and school administrative unit leaders.
EFFECTIVE DATE: September 15, 2012
AGENCY CONTACT PERSON: Harry W. Osgood, Higher Education Specialist, Department of Education, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6846. E-mail: Harry.Osgood@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 284, Prepaid Wireless Fee (New)
ADOPTED RULE NUMBER: 2012-262
CONCISE SUMMARY: The PUC adopts a new rule pursuant to recently enacted legislation. This rule establishes the amount of the fee on prepaid wireless telecommunications service required to be contributed to the Maine Universal Service Fund (MUSF) and the Maine Telecommunications Access Fund (MTEAF). The rules also describe the requirements and procedures for collection, remittance and periodic adjustments to the amount of the Prepaid Wireless Telecommunications Service Fee (Prepaid Wireless Fee) which consists of the MUSF and MTEAF contributions and the E9-1-1 prepaid wireless surcharge which is set by statute.
EFFECTIVE DATE: September 15, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Shellstock Time and Temperature Compliance:
Ch. 9, Harverster: Shellstock Harvesting, Handling and Sanitation;
Ch. 15, General Shellfish Sanitation Requirements;
Ch. 16, Uniform Physical Plant Equipment and Operation Requirements;
Ch. 17, Shucker-Packer;
Ch. 18, Shellstock Shipping Shipper;
Ch. 19, Reshipping Reshipper;
Ch. 20, Depuration
ADOPTED RULE NUMBER: 2012-263 thru 269
CONCISE SUMMARY: In response to Interstate Shellfish Sanitation Conference (ISSC) Voting Delegate action on Proposal 11-201 B the ISSC Executive Board adopted interim changes to the National Shellfish Sanitation Program (NSSP) Model Ordinance. These time/temperature changes are intended to support the Vibrio controls of the NSSP. FDA has concurred with these interim changes and the Executive Board has established an effective date of May 19, 2012.
Maine is a member of the ISSC and therefore is required to adopt the regulations as outlined in the NSSP Model Ordinance in order to ship shellfish across state lines. There are several pathogens that can cause illness from consumption of molluscan shellfish. Not all known pathogens associated with shellfish reproduce in the shellfish. However there are several pathogens that multiply in shellfish and present a health concern. Most Vibrios grow in shellfish and the rate of growth is dependent upon temperature. To minimize illness, the NSSP includes controls to limit exposure to warm temperatures. The controls begin at harvest and are applied at every level of processing and handling.
As authorized by 12 M.R.S. §6171-A(4-A) and 12 M.R.S. §6192 the Commissioner of Marine Resources adopted this emergency regulation on June 19, 2012 because "immediate action is necessary to protect the public health or public safety or to prevent property damage or serious economic harm to the area in which marine resources are harvested." This rule-making adoption makes this emergency rulemaking adoption permanent.
EFFECTIVE DATE: September 17, 2012
AGENCY CONTACT PERSONS: J. Kohl Kanwit (207-633-9535), Department of Marine Resources, attn: K. Rousseau, 21 State House Station, Augusta, Maine 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).



AGENCY: 01-026 - Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 20, Special Provisions (Emergency amendment)
ADOPTED RULE NUMBER: 2012-270
CONCISE SUMMARY: Recent surveillance by the Maine CDC indicates an escalating public health threat from mosquito borne viruses in Maine for the late summer and fall of 2012. Under Maine’s Arboviral Illness Surveillance, Prevention and Response Plan, 2012 Season, the Maine CDC may be recommending wide-area mosquito control programs in targeted areas of the state. These programs would be very difficult to conduct under current state law, since it requires authorization from individual land owners. The proposed amendment relaxes the need for individual property owner authorization when the Maine CDC recommends mosquito spraying due to viral disease threats.
EFFECTIVE DATE: September 13, 2012
AGENCY CONTACT PERSON: Henry Jennings, Board of Pesticides Control, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/pesticides/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual, Subsection 20.1: Prisoner Discipline
ADOPTED RULE NUMBER: 2012-271
CONCISE SUMMARY: The Department is amending its prisoner disciplinary code to allow the Commissioner of Corrections to authorize prisoners to smoke under certain conditions. This will reduce the use of the limited resources of minimum security facilities in attempting to prevent smoking by prisoners with easy access to tobacco and will serve as an incentive to prisoners to progress through the system.
EFFECTIVE DATE: September 19, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Kelene Barrows, Department of Corrections, 111 State House Station, Augusta, ME 04333-0111. Telephone: (207) 287-4360. E-mail: Kelene.Barrows@Maine.gov .
WEBSITE: http://www.maine.gov/corrections/ .