Maine CDC Rules

Proposed Rules

Please Note: If you are unable to submit a comment during the comment period, please contact the policy writer identified for the rule directly.

Gender Marker on Birth Record Rule 10-146 CMR ch.16 Proposed -10-146 CMR ch.16.pdf  Notice - 10-146 CMR ch.16.pdf   
Concise Summary: This proposed rule is intended to be consistent with changes in policy and practice at the State and national levels to recognize nonbinary for use on official records by permitting nonbinary as a gender marker on a birth record. Pursuant to 22 MRS 2705, this proposed rule establishes an administrative process within the Maine CDC Office of Data, Research and Vital Statistics (DRVS) for the issuance of a birth record with a nonbinary gender marker and the first and middle name requested specifically to align with the registrant's gender identity. The proposed rule requires that such requests be completed in the manner and form prescribed by the Department and directs other amendment types to be completed in accordance with the Correction and Completion of Vital Records Rule at 10-146 CMR chapter 2. Parental consent and a medical providers signature may be required under certain specified circumstances. The proposed rule permits the Department to issue a new birth record with the requested first and middle name without a court order when requested at the time a new birth record with the appropriate gender marker is requested. When a new certificate of birth is established in accordance with the proposed rule, the original certificate is confidential and available to only the registrant or the registrants legal representative, unless otherwise ordered by a court. This proposed rule promotes consistency in State identity documents and protects the privacy of individuals requesting new records that align with their gender identity. The Notice of Rulemaking provides additional details regarding this rulemaking, including public hearing information. During the comment period, comments may be submitted to the agency contact person identified in the Notice of Agency Rulemaking.
Submit Comments (Opens in new window) - Comment Deadline: March 20, 2020 Posted: February 19, 2020
 
10-144 CMR Ch. 201, Administration and Enforcement of Establishments Regulated by the Health Inspection Program 10-144 CMR Ch. 201, Administration and Enforcement of Establishments Regulated by the Health Inspection Program Rule  Notice of Agency Rulemaking 10-144 CMR Ch 201   
Concise Summary: The Maine CDC is proposing an increase of its licensing fees for eating places (excluding municipal licenses, schools, electrologists and senior citizen meal sites), lodging places, campgrounds, combination licenses, youth camps, public pools/spas, tattooist and body piercers. The increases that are proposed in this rule are within the statutory caps or have otherwise been designated routine technical by statute. The Maine CDC has determined that these fee increases are necessary to keep the program solvent, ensuring that inspections continue for the health and safety of people served at facilities licensed through HIP.
Submit Comments (Opens in new window) - Comment Deadline: March 21, 2020 Posted: February 19, 2020
 
Lead Testing In School Drinking Water Rule, 10-144 CMR Ch 234 Lead Testing In School Drinking Water Rule, 10-144 CMR Ch 234  Notice of Agency Rulemaking, 10-144 CMR Ch 234   
Concise Summary: The DHHS Maine CDC proposes this new rule to comply with 2019 P.L. Ch. 158, An Act to Strengthen Testing for Lead in School Drinking Water, codified at 22 MRS 2604-B. The Act directs the Department to provisionally adopt a major substantive rule by January 10, 2020 and establish the following: drinking water testing protocols for lead in schools, a standard of lead in school drinking water, abatement and mitigation methods, as well as public notification and reporting protocols.
Submit Comments (Opens in new window) - Comment Deadline: January 18, 2020 Posted: December 18, 2019
 
Rules for Family Planning Funding, 10-144 CMR Ch 287 Rules for Family Planning Funding, 10-144 CMR Ch 287  Notice of Agency Rulemaking, 10-144 CMR Ch 287    
Concise Summary: This rule was enacted to ensure that all State contracts for family planning services included assurances that State contractors were in compliance with federal Title X Program Guidelines for Project Grants for Family Planning Services. Recent changes to the federal Title X Program Guidelines would prevent Maine health care providers who receive Title X funding from informing patients of all available health care options and from making referrals for abortion services. The Department's proposed repeal of this rule will ensure continued access to reproductive health care services by allowing the State to set its own requirements for program standards through contract negotiations with providers. The Rules for Family Planning Funding do not contain enforcement mechanisms; nor does the rule cite any statutory authority for requiring recipients of state family planning funding to comply with federal Title X Program Guidelines.
Submit Comments (Opens in new window) - Comment Deadline: January 03, 2020 Posted: December 4, 2019
 
Rules for the SSI Children's Program of Services, 10-144 CMR Ch. 273 Proposed Rules for the SSI Children’s Program of Services, 10-144 CMR Ch. 273  Notice of Rulemaking 10-144 CMR Ch. 273   
Concise Summary: The Department is proposing to repeal this rule. The Rules for the SSI Children's Program of Services were originally adopted on May 19, 1980. The intent of the rule was to provide medical and health services to children receiving SSI when referred to the program by the Social Security Administration. The rule provides information on eligibility, services provided and reimbursed through the program, provider reimbursement, confidentiality, and rights of appeal. The Maine CDC is proposing to repeal this rule, because these services have long been provided through the DHHS, Office of Child and Family Services and MaineCare. No services are provided pursuant to this rule. Therefore, the Department is proposing to repeal the rule, because it is no longer necessary.
Submit Comments (Opens in new window) - Comment Deadline: August 9, 2019 Posted: July 10, 2019
 
Rules Establishing Blind Seroprevalence Surveys for Occurrence of HIV in Newborns,10-144 CMR Ch 259 Proposed Rules Establishing Blind Seroprevalence Surveys for Occurrence of HIV in Newborns, 10-144 CMR Ch. 259  Notice of Rulemaking, 10-144 CMR Ch 259   
Concise Summary: The Rules Establishing Blind Seroprevalence Surveys for Occurrence of HIV in Newborns, 10-144 CMR Ch. 259, was originally adopted to establish procedures for a seroprevalence survey to target public health efforts to control HIV and to ensure the anonymity of all test subjects. This was a study involving newborn bloodspot specimens that occurred between 1988 and 1993. The statute that authorized the Department to adopt this rule was repealed in 1989. P.L. 1989, ch. 487, 12. Accordingly, the Department has determined that the rule needs to be repealed.
Submit Comments (Opens in new window) - Comment Deadline: August 9, 2019 Posted: July 10, 2019
 
Prenatal Care Program, 10-144 CMR Ch 282 Proposed Prenatal Care Program, 10-144 CMR Ch 282  Notice of Rulemaking 10-144 CMR Ch 282   
Concise Summary: The Maine CDC is proposing to repeal this rule. The Prenatal Care Program rule was originally adopted to define and describe the program standards necessary, that encouraged pregnant adolescent women to obtain prenatal care, including those who lacked healthcare insurance or the financial resources necessary to obtain prenatal care. Pregnant women 18 years or younger can become eligible for prenatal services under similar eligibility criteria through 10-144 CMR Chapter 332, MaineCare Eligibility Manual and through the Maine Center for Disease Control and Prevention, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) program. No services are provided pursuant to this rule. Therefore, the Department has determined that this rule is no longer necessary and is proposing its repeal.
Submit Comments (Opens in new window) - Comment Deadline: August 9, 2019 Posted: July 10, 2019
 

Please Note: If you are unable to submit a comment, please contact the policy writer identified in the rule directly.

Recently Adopted Rules

Agency rules are available on the Secretary of State (SOS) website.

There is always a delay between the effective date the Maine CDC adopts a rule and the date it is posted on the SOS website. Therefore, the Maine CDC posts recently adopted rules until they are posted on the SOS website.

Death with Dignity Act Reporting Rule, 10-146 CMR, Chapter 15    
Concise Summary: The provisional adoption of this major substantive rule permanently implements the Maine Death with Dignity Act ("Act"), 22 MRS 2140, and the Department's authority to collect certain data from health care providers related to patient-directed care at the end of life and to establish criteria for witnesses to patients making written requests for life-ending medications when the patients reside in long-term care facilities. Under this rule, physicians prescribing life-ending medication must submit required forms to the Department in the manner and frequency described and retain forms as part of the qualified patients medical record. Department-prescribed forms are available online and by request. Required data collection includes, but is not limited to, qualified patients written request for life-ending medication, assurances that the patient is making an informed decision regarding end-of-life care and life-ending medication, and medication prescription records. The terms of the rule are consistent with those set forth in the Act and the existing 10-146 CMR chapter 15, adopted on an emergency basis. The Department is provisionally adopting this major substantive rule in accordance with the Maine Administrative Procedures Act to coincide with expiration of the emergency rule as means to ensuring continuity.
  Posted: January 24, 2020
 
Prenatal Care Program, 10-144 CMR Ch. 282 10-144 CMR Ch. 282 Repeal  Summary of Comments, 10-144 CMR Ch. 282 
Concise Summary: The Maine CDC is repealing this rule. The Prenatal Care Program rule was originally adopted to provide a mechanism for payment for routine prenatal care for eligible pregnant adolescent women who lacked healthcare insurance or financial resources. Pregnant women 18 years or younger may be eligible for prenatal services through MaineCare and through the Maine Center for Disease Control and Prevention, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) program, which have eligibility requirements similar to those used in the Prenatal Care Program. Services are no longer provided pursuant to this rule, and the Prenatal Care Program is no longer funded. Therefore, the Department has determined that this rule is no longer necessary.
Effective Date: December 11, 2019
  Posted: December 11, 2019
 
Rules for the SSI Children's Program of Services, 10-144 CMR Ch. 273 Rules for the SSI Children's Program of Services, 10-144 CMR Ch. 273  Summary of Comments 10-144 CMR Ch. 273 
Concise Summary: The Department is repealing the Rules for the SSI Children's Program of Services, which had an original effective date of May 19, 1980. The intent of the rule was to provide medical and health services to children receiving SSI when referred to the program by the Social Security Administration. The rule provides information on eligibility, services provided and reimbursed through the program, provider reimbursement, confidentiality, and rights of appeal. The Maine CDC is repealing this rule, because these services have long been provided through the DHHS, Office of Child and Family Services and MaineCare. Services are no longer provided pursuant to this rule.
Effective Date: December 11, 2019
  Posted: December 11, 2019
 
Rules Establishing Blind Seroprevalence Surveys for Occurrence of HIV in Newborns,10-144 CMR Ch 259 Rules Establishing Blind Seroprevalence Surveys for Occurrence of HIV in Newborns, 10-144 CMR Ch. 259   Summary of Comments 10-144 CMR Ch. 259 
Concise Summary: The Rules Establishing Blind Seroprevalence Surveys for Occurrence of HIV in Newborns, 10-144 CMR Ch. 259, was originally adopted to establish procedures for a seroprevalence survey to target public health efforts to control HIV and to ensure the anonymity of all test subjects. This study involved newborn bloodspot specimens that occurred between 1988 and 1993. Because this program is no longer in effect, the Department is now repealing the rule.
Effective Date: December 4, 2019
  Posted: December 4, 2019
 
10-146 CMR chapter 15 - Death With Dignity Act Reporting Rule 10-146 CMR Ch15 Adopted Rule.pdf  Emergency Rule Notice 10-146 CMR c.15 
Concise Summary: This major substantive rule is adopted on an emergency basis to implement the Maine Death with Dignity Act ("Act"), 22 MRS 2140, and the Department's authority to collect certain data from health care providers related to patient-directed care at the end of life and to establish criteria for witnesses to patients making written requests for life-ending medications when the patients reside in long-term care facilities. Under this rule, physicians prescribing life-ending medication must submit required forms to the Department and retain forms as part of the qualified patients medical record. Department-prescribed forms are available online and by request. Required data collection includes, but is not limited to, qualified patients written request for life-ending medication, assurances that the patient is making an informed decision regarding end-of-life care and life-ending medication, and medication prescription records. Required forms can be accessed at: http://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/vital-records/forms/index.shtml
Effective Date: September 19, 2019
  Posted: September 19, 2019
 

Emergency Rules

Emergency Rulemaking: Rules for Family Planning Funding Repeal 10-144 CMR Chapter 287, Rules for Family Planning Funding  Notice of Agency Rule-making Emergency   
Concise Summary: This rule was established to ensure that all State contracts for family planning services include assurances that State contractors are in compliance with federal Title X Program Guidelines for Project Grants for Family Planning Services. Recent changes to the federal Title X Program Guidelines would not permit Maine health care providers who receive Title X funding to discuss all possible health care options with their clients. Pursuant to 5 MRS 8054, the Department finds that the emergency adoption and repeal of 10-144 CMR, Ch. 287, is necessary to avoid an immediate threat to public health, safety or general welfare. The repeal of this rule ensures continued access to a wider variety of health care services by allowing the State to set its own requirements for program standards through contract negotiations with providers. The Rules for Family Planning Funding do not contain enforcement mechanisms. Nor is there a statutory authority cited in the rule.
Effective Date: December 4, 2019
 
Emergency rulemaking: Death With Dignity Act 10-146 CMR ch 15 Adopted Emergency Rule  Emergency Rule Notice 10-146 CMR ch15  | 10-146 CMR ch15 Forms 
Concise Summary: This major substantive rule is adopted on an emergency basis to implement the Maine Death with Dignity Act ("Act"), 22 MRS 2140, and the Department's authority to collect certain data from healthcare providers related to patient-directed care at the end of life and to establish criteria for witnesses to patients making written requests for life-ending medications when the patients reside in long-term care facilities. Under this rule, physicians prescribing life-ending medication must submit required forms to the Department and retain forms as part of the qualified patients medical record. Department-prescribed forms are available online and by request. Required data collection includes, but is not limited to, qualified patients written request for life-ending medication, assurances that the patient is making an informed decision regarding end-of-life care and life-ending medication, and medication prescription records. Forms can be accessed at: http://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/vital-records/forms/index.shtml
Effective Date: September 19, 2019
 

Archived Proposed Rules

Parenting Education Scholarship Program, 10-144 CMR, Ch. 288 Proposed- Parenting Education Scholarship Program-10-144-CMR-Ch.288  Notice-of-Rulemaking-10-144-CMR-Ch288   
Submit Comments (Opens in new window) - Comment Deadline: March 29, 2019 Posted: February 27, 2019
 
Rules Relating to Radiation Protection, 10-144 CMR, Ch. 220 Proposed Radiation Protection Rule; 10-144 CMR, Ch. 220   Notice of Rulemaking 10-144 CMR, Ch.220    
Submit Comments (Opens in new window) - Comment Deadline: January 18, 2019 Posted: December 19, 2018
 
Maine Comprehensive and Limited Environmental Laboratory Certification Rules; 10-144 CMR, Ch. 263 Proposed Maine Comprehensive and Limited Environmental Laboratory Certification Rules; 10-144 CMR, Ch. 263   Notice of Rulemaking 10-144 and 06-096 CMR, Ch.263   
Submit Comments (Opens in new window) - Comment Deadline: August 9, 2018 Posted: July 11, 2018
 
Rules and Regulations Relating to Testing Newborn Infants for Detection of Causes of Cognitive Disabilities and Selected Genetic Conditions, 10-144 CMR, Ch. 283 Proposed-Rule-10-144-CMR-Ch283.pdf  Notice-of-Rulemaking-10-144-CMR-Ch283.pdf   
Submit Comments (Opens in new window) - Comment Deadline: June 30, 2018 Posted: May 30, 2018
 
Maine Background Check Center Rule, 10-144 C.M.R., Ch. 60 Maine-Background-Check-Center-Rule-10-144-CMR-Chapter-60.pdf  Notice-of-Rulemaking-1--144-CMR-Chapter-60.pdf   
Submit Comments (Opens in new window) - Comment Deadline: June 10, 2018 Posted: May 9, 2018
 
Children's Residential Care Facilities Licensing Rule, 10-144 CMR Chapter 36. Proposed Rule-10-144-CMR-Ch-36  Notice-of-Rulemaking-10-144-CMR-Ch-36   
Submit Comments (Opens in new window) - Comment Deadline: May 31, 2018 Posted: May 2, 2018
 
Administration and Enforcement of Establishments and Body Artists Licensed and Regulated by the Department, 10-144 C.M.R., Ch. 201 Proposed-Rule-10-144-CMR-Ch-201  Notice-of-Rulemaking-10-144-CMR-Ch-201   
Submit Comments (Opens in new window) - Comment Deadline: June 1, 2018 Posted: May 2, 2018
 
Disclosure Of Vital Statistics Data, Reports And Vital Records, 10-146 CMR, Ch. 4 Proposed-Rule-10-146-CMR-Ch4  Notice-of-Rulemaking-10-146-CMR-Ch4   
Submit Comments (Opens in new window) - Comment Deadline: May 28, 2018 Posted: May 2, 2018
 
Water System Operators Licensing Rule, 90-429 CMR, Ch. 1 Proposed-Rule-90-429-CMR-Ch1  Notice-of-Rulemaking-90-429-CMR-Ch1   
Submit Comments (Opens in new window) - Comment Deadline: January 29, 2018 Posted: December 27, 2017
 
AIDS Case Management Program Standards, 10-148 C.M.R., Chapter 101 Proposed-Rule-10-148-CMR-Ch-101  Notice-of-Rulemaking-Proposal-10-148-CMR-Ch-101   
Submit Comments (Opens in new window) - Comment Deadline: January 19, 2018 Posted: December 20, 2017
 
Rule Relating to the Licensing of Family Child Care Providers, 10-144 CMR, Ch. 33 Proposed Rule-10-144-CMR-Ch33  Notice of Rulemaking-10-144-CMR-Ch33   
Submit Comments (Opens in new window) - Comment Deadline: May 18, 2017 Posted: September 25, 2017
 
Family Child Care Provider Licensing Rule, 10-144 C.M.R. Ch. 33 Family Child Care Provider Licensing Rule, 10-144 C.M.R. Ch.33  Summary of Comments; 10-144 C.M.R., Ch. 33   
Submit Comments (Opens in new window) - No comment deadline Posted: September 20, 2017
 
Late-filed Application for Certificate of Marriage Rule; 10-146, Ch. 14 Proposed-Rule-10-146-CMR-Ch14  Notice-of-Rulemaking-10-146-CMR-Ch14    
Submit Comments (Opens in new window) - Comment Deadline: September 15, 2017 Posted: August 16, 2017
 
Rule Relating to The Maine Birth Defects Program Proposed-Rule-10-144-CMR-Ch280  Notice-of-Rulemaking-10-144-CMR-Ch280   
Submit Comments (Opens in new window) - Comment Deadline: August 5, 2017 Posted: June 28, 2017
 
Rule Relating to Epinephrine Auto-Injector Training and Certification, 10-144; Ch. 130 Proposed-Rule-10-144-CMR-Ch130  Notice-of-Rulemaking-10-144-CMR-Ch130   
Submit Comments (Opens in new window) - Comment Deadline: September 15, 2017 Posted: June 16, 2017
 
Rule Governing the Maine Medical Use of Marijuana Program, 10-144 CMR, Ch. 122 Propsed-Rule-10-144-CMR-Ch122  Notice-of-Rulemaking-10-144-CMR-Ch122   
Submit Comments (Opens in new window) - Comment Deadline: June 26, 2017 Posted: May 26, 2017
 
Maine Drug Testing Laboratory Rule, 10-144 CMR, Ch. 265 Proposed-Rule-10-144-CMR-Ch265  Notice-of-Rulemaking-10-144-CMR-Ch265   
Submit Comments (Opens in new window) - Comment Deadline: June 26, 2017 Posted: May 24, 2017
 
Immunization Requirements for School Children 10-144 CMR Ch. 261 Proposed-Rule-10-144-CMR-Ch261  Notice-of-Agency-Rulemaking-Proposal-10-144-CMR-Ch261   
Submit Comments (Opens in new window) - Comment Deadline: May 5, 2017 Posted: April 25, 2017
 

Archived Adopted Rules

Parenting Education Scholarship Program, 10-144 CMR Ch. 288 Adopted Rule Parenting Education Scholarship Program, 10-144 CMR Ch. 288  Summary of Comments 10-144 CMR-Ch. 288 
Concise Summary: The Department of Health and Human Services Maine Center for Disease Control and Prevention is repealing this rule. There is no statutory requirement that the Department implement and fund the Parenting Education Scholarship Program. This program went out of existence years ago. Therefore, the rule governing this non-existent program is being repealed.
Effective Date: July 29, 2019
  Posted: July 17, 2019
 
Radiation Protection Rule, 10-144 CMR Ch 220 Adopted Rule 10-144 CMR Ch.220   Summary of Comments 10-144 CMR Ch.220 
Concise Summary: The Radiation Protection Rule governs all persons who receive, possess, use, transfer, own or acquire any source of radiation, in accordance with relevant federal and State standards. These rule changes correct errors/omissions and clarify current radiation requirements and references, as well as implement recommendations from the federal Nuclear Regulatory Commission.
Effective Date: May 20, 2019
  Posted: May 20, 2019
 
Maine Comprehensive and Limited Environmental Laboratory Accreditation Rule; 10-144/06-096 CMR, Ch. 263 Adopted Rule 10-144 06-096 CMR Ch.263  Summary of Comments 10-144 06-096 CMR Ch.263 
Concise Summary: This rule repeals and replaces the existing Chapter 263. This is a joint rule established by the Department of Health and Human Services (DHHS) and the Department of Environmental Protection (DEP) to update requirements for the accreditation of laboratories analyzing environmental samples for compliance purposes for the following regulations: Safe Drinking Water Act; Clean Water Act; Resource Conservation and Recovery Act; and Leaking Underground Storage Tanks (LUST) Program. This rule differs from the current laboratory certification rule in that this rule includes: 1) updates to references to the 40 CFR Parts 136, 141 and 261 related to the specified methods test categories; 2) provisional status as an additional accreditation option; 3) an all-encompassing quality systems section for easy reference; 4) reporting requirements for Maine laboratories when samples are not analyzed according to accredited methods, including those for private well samples; 5) client notification requirements if the lab withdraws accredited methods; and 6) an adjusted fee schedule that is consistent with current practice. This rule allows laboratories to use the more recent edition of Standard Methods, the 22nd Edition of Standard Methods. Additionally, this rule replaces the term certification with accreditation to keep consistent nomenclature with national/international standards, corrects grammatical inconsistencies and presents a new structure and format of the rule, for improved clarity and uniformity.
Effective Date: December 19, 2018
  Posted: December 18, 2018
 
Newborn Bloodspot Screening Rule, 10-144 CMR Ch. 283 Adopted-Rule-10-144-CMR-Ch 283  Summary-of-Comments-10-144-Ch-283 
Concise Summary: The rule contains updates to Maine's newborn bloodspot screening (NBS) requirements, including (1) screening for additional conditions in conformity to recommendations by the U.S. DHHS; (2) protocols for collecting and storing NBS specimens; (3) reporting requirements for out-of-range-test results; and (4) releasing NBS samples for research purposes. The rule includes new and revised definitions, requirements for midwives, protocols for hospitals and healthcare providers regarding parental/guardian refusal and a revised construction of the rule format, for improved readability. Changes are in conformity with the U.S. DHHS recommendations for newborn screening, supported by the U.S. Health Resources and Services Administration (HRSA) for infants and children under the Public Health Service Act.
Effective Date: November 14, 2018
  Posted: November 14, 2018
 
Administration and Enforcement of Establishments Regulated by the Health Inspection Program 10-144 CMR Ch. 201 Adopted Rule 10-144 CMR Ch 201  Summary of Comments 10-144 CMR Ch 201 
Concise Summary: The Department of Health and Human Services is adopting changes necessary to continue to effectively and efficiently provide the regulatory functions of the Maine CDC's Health Inspection Program. The Department added new definitions, removed obsolete definitions, further specified requirements for certified food protection managers, clarified the process for delegated municipalities performing inspection and licensing duties, removed menu labeling requirements, further explained licensing procedures and requirements, added more appropriate license categories, including public pool and spa licenses, updated descriptions of licensing violations and penalties, clarified inspection frequencies and clarified appeal rights and procedures.
Effective Date: October 10, 2018
  Posted: October 10, 2018
 
Children's Residential Care Facilities Licensing Rule, 10-144 CMR Ch. 36 Adopted Rule 10-144 CMR Ch 36  Summary of Comments 10-144 CMR Ch 36 
Concise Summary: The Department of Health and Human Services is adopting the repeal of four existing children's residential care licensing rules, and replacing those rules with one single rule: Children's Residential Care Facilities Licensing Rule, to provide a comprehensive licensing rule for all children's residential care facilities in Maine. This new rule governs the licensing requirements for a children's residential care facility. The rules being repealed and replaced include: Rules for the Licensure of Residential Child Care Facilities at 14-118 CMR Ch. 18, 14-193 CMR Ch. 18, and 10-148 CMR Ch. 18, as well as Rules for the Licensure of Private-Non-Medical Institutions-Residential Child Care Facilities, 10-148 CMR Ch.18-A. This adopted rule introduces a new service: a children's residential care facility with secure capacity and psychiatric treatment (Level 2 Facility), which allows residents to receive psychiatric and intensive mental health services in a secure facility that is not in a hospital. By expanding children's residential facilities to this service, it serves a need to treat Maine children in a facility that matches their level of need without having to be sent out of State for treatment. This adopted rule also updates and clarifies language to reflect current practice in application and licensing requirements. The rule is structured to more clearly explain requirements for staff training, policies, reporting, maintaining records and caring for residents.
Effective Date: October 10, 2018
  Posted: October 10, 2018
 
Disclosure of Vital Statistics Data, Reports and Records Adopted Rule 10-146 CMR Ch.4  Summary of Comments 10-146 CMR Ch.4 
Concise Summary: This rulemaking repeals and replaces 10-146 CMR chapters 4 and 8 with a new rule, 10-146 CMR chapter 4, to consolidate, update, and establish or clarify requirements related to public access to and standards for the release of vital statistics data, reports and records registered with the State Registrar for researchers, municipal clerks and the public. This rule implements the record disclosure requirements contained in 22 MRS section 2706 and other statutes, and restricts parties' access to certain records to only those with legitimate reasons to obtain the information. This rule includes new definitions and procedures and standards for release, purchase of copies, researchers' privileges, and fees related to the Department's vital statistics data, reports and records. The consolidated rule incorporates regulations for electronic submission, collection, preservation, certification, verification and the maintenance of the security and integrity of vital statistics data, reports and records. This rule contains (1) the criteria that must be met in order to access non-restricted or restricted vital statistics data, reports and records; (2) details for the application process, including eligibility determination, and the genealogical researcher identification card registration requirements; (3) a fee waiver for active duty personnel and certain government agencies; and (4) clarification regarding direct and legitimate interest, lineage and genealogist researcher access which may require a signed confidentiality agreement or a genealogist disclosure agreement. Rule updates are necessary to be consistent with changes to statute regarding access to specific records maintained by the Department, and are intended to better serve the public and researchers, and custodians and municipal clerks who issue vital records, by providing guidelines for accessing and disclosing restricted and non-restricted vital record information.
Effective Date: October 03, 2018
  Posted: October 3, 2018
 
Family Child Care Provider Licensing Rule, 10-144 CMR Ch. 33 Family Child Care Provider Licensing Rule, 10-144 CMR Ch.33  Summary of Comments; 10-144 CMR, Ch. 33 
Concise Summary: The Maine CDC is adopting major substantive changes, to Maine's current rule entitled "Rules for the Certification of Family Child Care Providers" at 10-148 C.M.R. Ch. 33 and re-naming it Family Child Care Provider Licensing Rule at 10-144 C.M.R. Ch. 33. This rulemaking is a repeal and replace of the current language in effect. Major substantive changes incorporate the Maine Background Check Center Act, add the requirement to test drinking water for lead, update child safety seat requirements, and increase protection of children in outdoor play areas. Other major substantive changes include changing staff/child ratios, by allowing family child care providers to exclude their own children over the age of four from the staff/child ratio; adding new requirements regarding the expulsion of children with illnesses and the prevention of exposure to blood and bodily fluids; requiring an emergency plan in the event of a local or regional disaster; and clarifying requirements for providers caring for children in swimming and wading settings.
Effective Date: July 5, 2018
  Posted: June 13, 2018
 
Water System Operators Licensing Rule, 90-429 CMR, Ch. 1 Adopted Rule 90-429 CMR Ch 1  Summary of Comments 90-429 CMR Ch 1 
Concise Summary: This amendment will eliminate the requirement for applications to be notarized before submission, establish a mechanism for the Board to address rule violations that do not rise to the level of revocation or suspension, and eliminate the "grace period" for license renewal.
Effective Date: July 1, 2018
  Posted: May 23, 2018
 
Immunization Requirements for School Children Adopted-Rule-10-144-CMR-Ch261  Summary-of-Comments-10-144-CMR-Ch261 
Concise Summary: Pursuant to Resolves 2017, ch. 32, the Department of Health and Human Services and the Department of Education are adopting changes to this joint major substantive rule to add quadrivalent meningococcal conjugate vaccine (MCV4) for all Maine students with the start of the school year 2018 to further protect Maine students from contracting meningococcal meningitis. Changes to this rule include updating the definition of "disease" to include meningococcal meningitis, updating the list of medical contraindications to MCV4 that can serve as a medical exemption and updating the vaccine dosage requirements to include one dose of quadrivalent meningococcal conjugate vaccine for entry into 7th grade and a second dose on or after the 16th birthday prior to entering 12th grade. Changes align this rule with the US CDC and the Advisory Committee on Immunization Practices current recommendations.
Effective Date: May 10, 2018
  Posted: April 18, 2018
 
AIDS Case Management Program Standards; 10-148 CMR 101 Repeal AIDS-Case-Management-Program-Standards-10-148-CMR-Ch-101-Repeal  Summary-of-Comments-10-148-CMR-Ch-101 
Concise Summary: This rule is being repealed, because it is outdated, contains only the standards for the provision of services by agencies under contract, and offers no enforcement mechanisms. The rule is further unnecessary, because program requirements and deliverables are included in Rider A of provider contracts. Based on all of these reasons, the Department is adopting its repeal of this rule. Services will continue in the same manner, and program standards and requirements will continue to exist within the provider contracts.
Effective Date: April 11, 2018
  Posted: April 4, 2018
 
Epinephrine Auto-Injector Training and Certification Rule; 10-144 CMR, Ch. 130 Adopted-Rule-10-144-CMR-Ch130  Summary-of-Comments-10-144-CMR-Ch130 
Concise Summary: The adopted Epinephrine Auto-Injector Training and Certification Rule formalizes the role of the Department related to expanding access to epinephrine auto-injectors, including training for nonprofessionals who may store and administer epinephrine auto-injectors as the treatment of anaphylaxis. This rule identifies the following healthcare professionals authorized to conduct anaphylaxis training for employees or agents of an authorized entity: physicians, advanced registered nurse practitioners, physician assistants, registered nurses, emergency medical technicians, paramedics and pharmacists. This rule requires authorized entities to have a policy specific to the storage of epinephrine auto-injectors for immediate use. Additionally, this rule establishes a standard certificate of completion form prescribed by the Department that is to be issued by the authorized trainer.
Effective Date: January 10, 2018
  Posted: January 10, 2018
 
Smoking in Public Places Rule 10-144 C.M.R. Ch. 249 Adopted-Rule-10-144-CMR-Ch249   Notice-of-Rulemaking-10-144-CMR-Ch249  
Concise Summary: These proposed changes to the Rules Relating to Smoking in Public Places, proposed to be retitled as the Smoking in Public Places Rule, delete unnecessary definitions ("club," invited guest, member and not open to the public for this Rule), add a new definition for electronic smoking device, amend the definition of smoking, reorganize Section 3 (smoking prohibitions and limitations), add a subsection to Section 4, and correct citations throughout the rule. The Notice of Rulemaking Proposal provides information regarding the rulemaking process. During the comment period, comments may be submitted to the agency contact person identified in the Notice of Agency Rulemaking Proposal.
Effective Date: December 27, 2017
View Comments: Summary of Comments 10-144 CMR Ch. 249  Posted: December 27, 2017
 
Late-filed Application for Certificate of Marriage Rule, 10-146, Ch.14 Adopted-Rule-10-146-CMR-Ch14  Summary-of-Comments-10-146-CMR-Ch14 
Concise Summary: This adopted rule governs the registration requirements for the Office of Data, Research and Vital Statistics (DRVS) for a late-filed application for certificate of marriage. The rule is established to assist married parties, or the legal representative of the parties, in obtaining a certificate of marriage that occurred more than one year previously and was never filed in a municipal office and/or the Department. The adopted rule explains the eligibility and documentary evidence requirements needed from eligible applicants to prove the fact their marriage took place to be accepted, registered and incorporated into an official record of the Department. This rule contains changes to formatting, for consistency.
Effective Date: December 20, 2017
  Posted: December 21, 2017
 
Maine Birth Defects Program Rule- 10-144 CMR, Ch.280 Adopted-Rule-10-144-CMR-Ch280  Summary-of-Comments-10-144-CMR-Ch280 
Concise Summary: This rule establishes the responsibilities of hospital administrators, physicians and other health care providers, including licensed midwives, for reporting birth defects in infants and fetuses; provides the confidentiality requirements of the Maine Birth Defects Program; describes the nature of contact between the Maine Birth Defects Program and families of children with birth defects; and describes parental objection to birth defect reporting or participation in the birth defect registry. This amendment updates the reportable birth defects listing and clarifies wording for referral to the Part C Agency (Child Development Services) in Maine. Changes include minor technical changes and reformatting.
Effective Date: December 13, 2017
  Posted: December 13, 2017
 
Maine Medical Use of Marijuana Program Rule; 10-144 CMR, Ch122 Maine-Medical-Use-of-Marijuana-Program-Rule-10-144-CMR-Ch122  Summary-of-Comments-10-144-CMR-Ch122 
Concise Summary: This rule is effective February 1, 2018. The adopted rule implements changes enacted by the 126th and 127th Legislature, removes language that duplicates statutes, corrects grammatical errors, outdated language and inconsistencies, and provides clarification regarding the Department's policies and practices specific to regulating the cultivation, dispensing and possession of marijuana for medical use. Changes establish the following: new terms and definitions; a system to monitor and enforce compliance actions; and requirements for registry identification card applications, patient designations, written certifications, including medical provider-patient relationship, and reporting and record-keeping by caregivers and dispensaries. The adopted rule prohibits a visiting patient from cultivating marijuana for medical use, requires Department-approval to acquire excess marijuana, and requires medical provider endorsement to petition to add to the list of debilitating conditions. Additionally, the adopted rule removes the provision requiring the identification of an authorized person to be held by the caregiver or dispensary while the person is in the cultivation area, permits a medical provider to proceed with certifying a minor patient in the absence of a list of consulting physicians and requires nursing facilities that assist qualifying patient to have policies related to the storage, use and administration of marijuana for medical use. Changes clarify what constitutes a "collective" and update application fees to be consistent with current practice.
Effective Date: 2018-02-01
  Posted: November 8, 2017
 
Family Child Care Provider Licensing Rule, 10-144 C.M.R. Ch. 33 Family-Child-Care-Licensing-Rule-10-144-CMR-Ch33  Summary-of-Comments-10-144-CMR-Ch33 
Concise Summary: The Maine CDC is adopting routine technical rule changes, and provisionally adopting major substantive changes, to Maine's current rule entitled Rules for the Certification of Family Child Care Providers at 10-148 CMR Ch. 33 and re-naming it Family Child Care Provider Licensing Rule at 10-144 CMR Ch. 33. This rulemaking is a repeal and replace of the current language in effect. The routine technical changes for this rule refocus, clarify and streamline minimum health and safety standards for the licensing of family child care providers, who are licensed to care for children in their own homes. They include removing obsolete definitions, while adding and clarifying other terms, including changing the definition of toddler to a child with a maximum age of three years, rather than 30 months; streamlining and clarifying requirements for license applications; clarifying the inspection and investigation procedures of providers; unifying and streamlining record-keeping requirements; reframing the order and language to more clearly describe provider licensing responsibilities; and increasing transparency in the enforcement process by more clearly describing each step involved. Major substantive changes incorporate the Maine Background Check Center Act, add the requirement to test drinking water for lead, update child safety seat requirements, and increase protection of children in outdoor play areas. Other major substantive changes include changing staff/child ratios, by allowing family child care providers to exclude their own children over the age of three from the staff/child ratio; adding new requirements regarding the expulsion of children with illnesses and the prevention of exposure to blood and bodily fluids; requiring an emergency plan in the event of a local or regional disaster; and clarifying requirements for providers caring for children in swimming and wading settings.
Effective Date: 2017-09-20
  Posted: September 20, 2017
 

CDC Rulemaking by Subscription Topic

For the purpose of notifying interested parties about agency rulemaking, the Maine CDC rules have been categorized by major subject matter areas. Interested parties will receive information about changes to any rule listed for selected topics. For reference, the Maine CDC rules are listed below by subscription topic(s) and the current rules can be reviewed at http://www.maine.gov/sos/cec/rules/10/chaps10.htm.

Interested parties may subscribe to receive electronic notification of agency rule changes by going to the Subscriber Preference Page. Requests for written notification of rulemaking by the agency may be made by contacting the agency directly.

Disease Management (click to expand)

Disease Management (click to collapse)

  • Body Mass Index Data Collection and Reporting in School Administrative Units
  • Critical Congenital Heart Defects Screening
  • Maine Cancer Incidence Registry Rules and Regulations
  • Maine Chronic Disease Surveillance Data Quality and Follow-up Study Rules and Regulations
  • Rules and Regulations Relating to the Maternal, Fetal and Infant Mortality Review Panel
  • Rules Establishing Blind Seroprevalence Surveys for Occurrence of HIV in Newborns
  • Rules Governing Rabies Management
  • Rules Relating to the Breast and Cervical Cancer Prevention and Treatment Act (BCCPTA) in Maine
  • Rules Relating to the Maine Birth Defects Program
  • Rules Relating to the National Breast and Cervical Cancer Early Detection Program (NBCCEDP) In Maine

Environmental/Public Health (click to expand)

Environmental/Public Health (click to collapse)

  • Lead Poisoning Prevention Fee Rules
  • Mass Gathering Rules and Informational Guidelines
  • Minimum Lot Size Rules
  • Residential Rental Property Radon Testing Rules
  • Rules for Conversion of Seasonal Dwelling Units into Year-Round Residences in the Shoreland Zone
  • Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
  • Rules Relating to Bulk Water
  • Rules Relating to Cross Connections
  • Rules Relating to Drinking Water
  • Rules Relating to Drinking Water State Revolving Fund
  • Rules Relating to Public Notification of Radioactive Emissions from Nuclear Power Plant
  • Rules Relating to Public Swimming Pools and Spas
  • Rules Relating to Radiation Protection
  • Rules Relating to Smoking in Public Places
  • Rules Relating to Smoking in the Workplace
  • Rules Relating to Tanning Facilities
  • Rules Relating to Testing of Private Water Systems for Potentially Hazardous Contaminants (Amendment)
  • Rules Relating to the Lead Poisoning Control Act
  • Schedule of Charges of the Diagnostic Laboratory of DHHS
  • Selection of Volunteer Personnel to Establish/Maintain Radiation Monitoring Program
  • Subsurface Wastewater Disposal System Rules

Healthcare Access/Sustainability (click to expand)

Healthcare Access/Sustainability (click to collapse)

  • Community Scholarship Program Rules
  • Dental Care Access Credit Program
  • Dental Services Development and Subsidy Programs
  • Free Care Guidelines
  • Maine Certificate of Need Act Limitation
  • Regulations Governing the Rural Medical Access Program
  • Rules for Designating Areas, Populations or Hospitals as Underserved by Specialty Physicians
  • Rules Governing the Certification Program for Primary Care Tax Credit
  • Rules for Implementing the 1985 Amendments to the Maine Medical Compact Act and Maine Osteopathic Student Loan Program
  • Rules for Implementing the Selection Process for State Loan Repayment Program

Infectious Disease (click to expand)

Infectious Disease (click to collapse)

  • AIDS Case Management Program Standards
  • AIDS Drug Reimbursement Program
  • HIV/AIDS Assistance
  • Immunization Information System (IIS) Rules
  • Immunization Requirements for School Children
  • Immunizations Requirements for Healthcare Workers
  • List of Vaccines to be provided by the Universal Childhood Immunization Program
  • Occupational Disease Reporting Rules and Regulations
  • Regulations Regarding Rabies Immunization Requirements for Dog Licensure
  • Rules and Regulations Post-secondary School Immunizations Required
  • Rules for Influenza Agent Distribution Report
  • Rules for the Control of Notifiable Diseases and Conditions
  • Rules Governing the Implementation of Expedited Partner Therapy
  • Rules Governing the Implementation of Hypodermic Apparatus Exchange Programs

Licensing and Certification and Professional Standards (click to expand)

Licensing and Certification and Professional Standards (click to collapse)

  • "Fillings: The Choices You Have - Mercury Amalgam and Other Filling Materials"
  • Air and Water Radon Service Provider Registration Rules
  • Certificate of Need for Nursing Facility Level of Care Projects
  • Certification Standards for Persons Conducting Chemical Analyses for the Detection and Identification of Drugs
  • Certification Standards for Persons Conducting Chemical Analyses of Blood and Breath for the Purposes of Determining the Blood Alcohol Level
  • Maine Certificate of Need Procedures Manual for Health Care Facilities (other than Nursing Care Facilities)
  • Maine Comprehensive And Limited Environmental Laboratory Certification Rules
  • Maine Drug Testing Laboratory Rules
  • Regulations Concerning the Licensing and Functioning of Hospice Programs
  • Regulations For the Licensing of Hospitals
  • Regulations Governing the Licensing and Functioning of Adult Day Services Programs
  • Regulations Governing the Licensing and Functioning of Assisted Housing Programs
  • Regulations Governing the Licensing and Functioning of End Stage Renal Disease Units/Facilities
  • Regulations Governing the Licensing and Functioning of Home Health Care Services in the State of Maine
  • Regulations Governing The Licensing and Functioning of Intermediate Care Facilities for Persons With Mental Retardation
  • Regulations Governing the Licensing of Ambulatory Surgical Facilities
  • Rules and Regulations Governing In-Home Personal Care and Support Workers
  • Rules and Regulations Governing the Functioning of Certified Nursing Assistants and Direct Care Workers Registry
  • Rules for Appointment and Administration of Local Plumbing Inspectors
  • Rules for Establishment and Operation of Crematoria
  • Rules for Implementing the 1985 Amendments to the Maine Medical Compact Act (Dental Care)
  • Rules for Sample Collection and Drug Testing in Suspected O.U.I. Cases
  • Rules for the Certification of Family Child Care Providers
  • Rules for the Licensing of Child Care Facilities
  • Rules for the Licensing of Nursery Schools
  • Rules for the Maine Background Check Center
  • Rules for the Practice of Electrology
  • Rules Governing Maine Medical Laboratories and Health Screening Permits
  • Rules Governing Qualifications of Local Health Officers
  • Rules Governing Self-contained Breath Alcohol Testing Equipment
  • Rules Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
  • Rules Governing the Maine Certification of Health Cooperative Agreements
  • Rules Governing the Maine Medical Use of Marijuana Program
  • Rules Governing the Reporting of Sentinel Events
  • Rules Licensing Behavioral Health Programs
  • Rules Relating to Body Piercing
  • Rules Relating to Boys, Girls, Boys and Girls, Day Camps and Primitive and Trip Camping
  • Rules Relating to Campgrounds
  • Rules Relating to Lodging Establishments
  • Rules Relating to Micropigmentation Practitioners
  • Rules Relating to Tattooing
  • Rules Relating to the Administration and Enforcement of Establishments Regulated by the Health Inspection Program
  • Rules Relating to the Licensing of Suppliers of Compressed Air Used In Self-Contained Breathing Apparatus
  • Rules Relating to the Licensure of Water System Operators
  • Rules Relating to the Sale and Delivery of Tobacco Products in Maine
  • State of Maine Food Code
  • Rule Relating to Epinephrine Auto-Injector Training and Certification
  • Well Drillers and Pump Installers Rules

Maternal Health and Family and Child Services (click to expand)

Maternal Health and Family and Child Services (click to collapse)

  • Coordinated Care Services for Children with Special Health Needs
  • Maine WIC Program Rules
  • Parenting Education Scholarship Program
  • Prenatal Care Program
  • Rules and Regulations for Spinal Screening
  • Rules and Regulations Relating to Testing Newborn Infants for Detection of Causes of Cognitive Disabilities and Selected Genetic Conditions
  • Rules for Family Planning Funding
  • Rules for the SSI Children's Program of Services
  • Rules Governing the Investigation of Out-of-home Child Abuse and Neglect
  • Rules Relating to the Newborn Hearing Program

Vital Records (click to expand)

Vital Records (click to collapse)

  • Adult Adoptees Access to Original Birth Record
  • Amendment of Vital Records
  • Birth Registration
  • Delayed Birth Registration
  • Evidence of Legitimation
  • Marriage License and Registration
  • Medical Certification of Cause of Death
  • Public Access to Vital Records
  • Registration and Termination of Domestic Partners
  • Release of Restricted Vital Statistics Data
  • Revised Uniform Anatomical Gift Act
  • State Share of Vital Records Fee (formerly Municipal Service Fee)
  • Transportation, Storage and Final Disposition of Dead Bodies
  • Vital Records Fees
  • Vital Statistics Administration

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