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Home > Weekly Rule-making Notices > February 20, 2013

February 20, 2013

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: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Prisoner Discipline
PROPOSED RULE NUMBER: 2013-P024
BRIEF SUMMARY: The Department is repealing and replacing its prisoner discipline policy in order to improve the disciplinary process by expediting the pre-hearing part of the process and by eliminating review of the hearing by the facility head unless the prisoner has appealed. The new policy also allows for monetary sanctions for class C and class D offenses (they are currently allowed only for class A and class B offenses). This particular sanction appears to be one of the most effective in deterring prisoner misbehavior. It also clarifies several of the disciplinary offenses.
PUBLIC HEARING: March 13, 2013 - 9 11 a.m., Tyson Room, Tyson Building 3rd Floor, AMHI Complex, 25 Tyson Drive, Augusta, ME.
COMMENT DEADLINE: March 27, 2013
CONTACT PERSON FOR THIS FILING / AGENCY RULE-MAKING LIAISON: Kelene Barrows, 111 State House Station, Augusta, ME 04333-0111. Telephone: (207) 287-4360. E-mail: Kelene.Barrows@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: Title 34-A 3032
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/corrections/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 2013-P025
CONCISE SUMMARY: This proposed rule will impose limits on opioid medications used for the treatment of pain, pursuant to PL 2011, ch. 657, Part O, the Department of Health and Human Services 3rd Supplemental Budget. The rule includes definitions of acute and non-acute pain, establishes certain exclusions as described in the legislation, mandates the use of a pain management care plan when a member requires the use of opioid medications for the treatment of pain beyond the prescribed limits, and identifies therapeutic treatment options that must be utilized for members who are prescribed opioid medications to treat non-acute pain.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: March 11, 2013, 10:00 a.m., 19 Union Street, Room 110, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before March 11, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight March 21, 2013.
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II, Office of MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6930. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: PL 2011, ch. 657, Part O
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 85, Physical Therapy Services
PROPOSED RULE NUMBER: 2013-P026
CONCISE SUMMARY: This proposed rule will increase the limits for Physical Therapy Services to allow for up to five (5) treatment visits and one (1) evaluation within twelve (12) months, when provided pursuant to a pain management care plan.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: March 11, 2013, 1:00 p.m., 19 Union Street, Room 110, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before March 11, 2013.
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II, Office of MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6930. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: PL 2011, ch. 657, Part O, the Department of Health and Human Services 3rd Supplemental Budget
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 14-197 - Department of Health and Human Services (DHHS), Office of Aging and Disability Services
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations Governing Emergency Interventions and Behavioral Treatment for People with Intellectual Disabilities and/or Autism
ADOPTED RULE NUMBER: 2013-038
CONCISE SUMMARY: This rule-making follows emergency rule-making to allow approval of behavior modification and behavior management plans and safety devices by majority vote of the three-person review team created by Maine law. Action by majority vote will allow the review team to fulfill its statutory function to review and approve the use of severally intrusive behavior modification, behavior management, or safely device plans when less intrusive plans, or positive interventions or supports have failed to protect the health, safety and welfare of an adult with an intellectual disability and/or autism. The Department also changes language and names when usage has changed or has been deemed inappropriate by the Maine Legislature.
EFFECTIVE DATE: February 13, 2013
AGENCY CONTACT PERSON: Lynne Caswell, Office of Aging and Disability Services, 32 Blossom Lane, State House Station #11, Augusta, ME 04333. Telephone: (207) 287-9213. E-mail: Lynne.Caswell@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oads/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 04-061 - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: amendments to the Planned Development (D-PD) Subdistrict, Section 10.21,G as a result of LD 1798 and LD 1853
ADOPTED RULE NUMBER: 2013-039
CONCISE SUMMARY: Ch. 10 rules establish land use standards for lands under LUPC jurisdiction. To accommodate new projects requiring rezoning to a D-PD subdistrict, and to optimize coordination with MDEP's Site Law permit review, the Commission is proposing rule changes to the D-PD Subdistrict rules in 10.21,G, sub- 3 - Permitted Uses; 6 - Procedure; 7 - Pre-application Conference; 8 - Preliminary Development Plan; 9 - Application Fee; and 10 - Final Development Plan.
EFFECTIVE DATE: February 22, 2013
AGENCY CONTACT PERSON: Samantha Horn Olsen, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4932. E-mail: Samantha.Horn-Olsen@Maine.gov .
WEBSITE: http://www.maine.gov/doc/lupc/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 04-061 - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: changes to Maple Sugar Processing Subdivisions to Conform with Resolve Ch. 123, L.D. 1689, 125th Legislature
ADOPTED RULE NUMBER: 2013-040
CONCISE SUMMARY: Ch. 10 rules establish land use standards for lands under LUPC jurisdiction. Those rules permit maple sugar processing subdivisions in the General Management subdistrict. As directed by legislative resolve, the rule changes to Ch. 10 revise 10.22.A.3.d. and 10.25.Q to provide more flexibility in the creation of such subdivisions. The revisions are consistent with LUPC policy as expressed in the Comprehensive Land Use Plan.
EFFECTIVE DATE: February 22, 2013
AGENCY CONTACT PERSON: Hugh Coxe, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2662. E-mail: Hugh.Coxe@Maine.gov .
WEBSITE: http://www.maine.gov/doc/lupc/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .