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.

Emergency Medical Services Personnel Reporting Rule; 10-144 CMR ch. 124 Proposed Rule 10-144 CMR ch.124  Notice MajSub Rulemaking 10-144 CMR ch.124   
Concise Summary:

Pursuant to 5 MRS 8072, this major substantive rule is proposed to permanently establish reporting requirements for emergency medical service (EMS) organizations and emergency medical dispatch (EMD) centers during extreme public health emergencies. Although an emergency rule became effective on April 22, 2020, to address potential shortages during the current extreme public health emergency caused by COVID-19, an emergency major substantive rule only remains effective for one year or until the Legislature approves a provisionally-adopted major substantive rule. Information collected under this rule is specific to EMS personnel who are temporarily absent from duty during an extreme public health emergency due to reasons related to exposure or potential exposure to a notifiable condition or disease. EMS personnel include, but are not limited to, licensed EMS responders, medical transportation services and dispatch. Electronic reports must be completed within 24 hours of the removal of the EMS personnel and the individual must be monitored for changes in status that must be reported within 24 hours of the change (e.g., dates of hospitalization, completion of quarantine, return to work, etc.). Information collected will be used for public health purposes and will inform system capacity in the event of a declared extreme public health emergency. 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: 5 p.m., Friday, January 29, 2021 Posted: December 30, 2020
 
Immunization Requirements For Healthcare Workers; 10-144 CMR, ch. 264 - Second Publication Proposed Rule - 10-144 CMR Ch. 264  Revised Notice 10-144 CMR ch. 264   
Concise Summary:

The Department is proposing routine technical rule changes to amend 10-144 CMR ch. 264, Immunization for Healthcare Workers, to update exemption requirements following recent law changes; update the definition section to add public health threat and extreme public health emergency and revise Intermediate Care Facility for the Mentally Retarded (ICF/MR) to reflect Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID), aligning with CMS language; remove H1N1 2009-10 immunization requirements; and add seasonal influenza to the list of vaccine preventable diseases for which designated healthcare facility employees must show proof of immunization or documented immunity, or provide appropriate exemption documentation. Rule changes are proposed to clarify the Departments authority to impose control measures due to a public health emergency or an extreme public health emergency, including, but not limited to, requiring vaccinations and exclusions from the workplace to protect public health and minimize the impact from the specific notifiable communicable disease by reducing the potential disease spread by healthcare workers.
................................................................................................................................................ UPDATE: Second Publication - In accordance with 5 MRS sec. 8052 sub-sec 1, a public hearing is scheduled for this rule initially proposed September 30, 2020.

No Comments Comment Deadline: 5 p.m. Thursday, December 3, 2020 Posted: November 4, 2020
 
Control of Notifiable Diseases and Conditions Rule, 10-144 CMR Ch. 258 Proposed Rule 10-144 CMR ch. 258  Rulemaking Notice 10-144 CMR ch. 258   
Concise Summary:

This routine technical rulemaking proposes to permanently establish the changes implemented on a temporary basis by emergency rule requiring designated health care facilities to report information related to emergency preparedness and responsiveness (i.e. the number and type of available beds, medical supply inventory, etc.) and clarifying the Department's authority to directly access provider records through the state health information exchange described at 22 MRS 1711-C(18). Further amendments to this rule propose to: 1) add five additional disease conditions; 2) modify the existing notification for two disease conditions; 3) retire one disease condition from the list; 4) update the human immunodeficiency virus (HIV) testing terminology; 5) clarify laboratories electronic reporting requirements; 6) clarify temporary reporting requirements when the disease or condition can cause serious morbidity or mortality and the report of the disease or condition is necessary to monitor, prevent, or control the disease or condition to protect public health; and 7) clarify the Departments authority to take enforcement action for noncompliance, including referral to the Office of the Attorney General to seek injunctive relief and assess civil fines. Proposed changes also revise the definition section and rule construction; correct grammatical errors; and include other minor technical changes to improve readability and consistency with agency standards. (Hearings requested during the State of Emergency will be conducted in accordance with 1 MRS,403-A (PL 2020 c. 617).

Submit Comments (Opens in new window) - Comment Deadline: October 9, 2020 Posted: September 9, 2020
 
Rules Relating to The Lead Poisoning Control Act; 10-144 CMR ch. 292 10-144 CMR ch.292 Proposed Rule  10-144 CMR ch.292 Notice of Rulemaking   
Concise Summary:

The Department is proposing this rule change to permanently implement revised federal standards for dust-lead hazards to identify and abate lead-based substances in dwellings and child-occupied facilities, decreasing the risk of exposure to environmental lead hazards and child lead poisoning. The proposed rule change is consistent with the current 10-144 CMR chapter 292 adopted on an emergency basis to amend the definition of "lead-contaminated dust" to align with the U.S. Environmental Protection Agency (EPA) dust-lead hazard standards, effective January 2020. This rule proposes to use the EPA's lower standards (10 g/ft2 on floors and 100 g/ft2 on window sills, as specified in 40 CFR 745.65) for on-going environmental inspections to identify the presence of environmental lead hazards that must be removed in accordance with the Maines Lead Poisoning Control Act (22 MRS Ch. 252).

No Comments Comment Deadline: June 26, 2020 Posted: May 27, 2020
 
Schedule Of Charges For Testing And Services Provided By The Maine Health And Environmental Testing Laboratory, 10-144 CMR c.257 Proposed Rule 10-144 CMR c.257  Notice Update 10-144 CMR c.257 Rulemaking   
Concise Summary:

This proposed routine technical rule proposes to repeal and replace the existing 10-144 CMR chapter 257, as well as repeal 10-144 CMR chapter 233, Rules Relating to Testing of Private Water Systems For Potentially Hazardous Contaminants. Chapter 233 includes outdated information about the waiving of Health and Environmental Testing Laboratory (HETL) fees incurred from testing of private residential water supplies for potentially hazardous contaminants. This information is addressed in the proposed rulemaking for chapter 257, which is proposing to implement a new fee schedule for testing performed by HETL. These test fees include but are not limited to the chemical and microbiological testing and examination of food products, public and private drinking water surface water and well samples, and environmental and forensic samples; the examination of cases and suspected cases of infectious and communicable diseases; and other public health services required by the recently revised 22 MRS chapter 601, sub-ch 8. This rule proposes to adopt a formal rate setting methodology for HETL testing and services. This rule proposes to implement uniform testing recommendations, specifically for private residential well testing. Additionally, this rule proposes a specific fee that is mandated for the Private Well Safe Drinking Fund collection; and updates to lab reporting requirements, waiver considerations, and administrative costs that may be charged for licensing, manual data entry, and collection services. 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.

No Comments Comment Deadline: April 24, 2020 Posted: March 4, 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.

No Comments 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.

No Comments 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.

No Comments 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.

No Comments 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.

No Comments 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.

No Comments 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 ch.15 10-146 CMR ch.15 Death With Dignity Act Reporting Rule  Summary of Comments and Responses 10-146 CMR ch.15 
Concise Summary: The final 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 129th Maine Legislature authorized the final adoption of the provisionally adopted rule, as submitted. (Resolve 2019, ch. 130.) The final adoption of this rule ensures continuousness of the established processes under the Act. (5 MRS 8072.)
Effective Date: August 30, 2020
  Posted: August 5, 2020
 
Rules Relating To The Lead Poisoning Control Act, 10-144 CMR ch. 292 Rules Relating To The Lead Poisoning Control Act   Summary of Comments and Responses 10-144 CMR c.292  
Concise Summary: This routine technical rule adoption implements the federal lead-dust hazard standards that went into effect January 2020. The scope and extent of this rulemaking is consistent with the proposed rule change which is limited to the changes to the definition of "lead-contaminated dust" established by the emergency rule. This rule aligns with the new U.S. Environmental Protection Agency (EPA) standards that reduced concentration levels of lead from the previous standards, which was 40 micrograms lead per square foot (g/ft2) on floors and 250 g/ft2 on window sills, to the lower standard that is 10 g/ft2 on floors and 100 g/ft2 on window sills.
Effective Date: July 29, 2020
  Posted: July 29, 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  Summary of Comments 10-144 CMR Ch. 201 
Concise Summary: The DHHS, Maine CDC is adopting 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 fee increases 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.
Effective Date: July 29, 2020
  Posted: July 29, 2020
 
Gender Marker on Birth Record Rule, 10-146 CMR chapter 16 10-146 CMR c.16 Gender Marker on Birth Record Final Rule  Comments and Responses 10-146 CMR c.16 
Concise Summary: This rule is adopted to be consistent with changes in policy and practice at the State and national levels to recognize an additional gender marker that is not exclusively male or female, as an option for birth record. As authorized by 22 MRS 2761, the adopted rule establishes administrative processes within the Maine CDC Office of Data, Research and Vital Statistics (DRVS) for designating X as the gender marker on a birth record at birth and for issuing a new birth record with changes requested specifically to align with gender identity. Under the adopted rule, a new birth record may be issued to an applicant requesting changes to the designated gender marker to align with gender identity. The new birth record may be issued with the requested changes to the first and middle name without a court order when requested at the time a new birth record with the appropriate gender marker is requested. Parental consent and a medical provider's signature may be required under certain specified circumstances. When a new certificate of birth is established in accordance with this rule, the original certificate is confidential and available to only the registrant or the registrant's legal representative, unless otherwise ordered by a court. The final rule provides for an administrative hearing procedure for an aggrieved person to appeal decisions issued under this rule. This rule promotes consistency in State identity documents and protects the privacy of individuals requesting new records that align with their gender identity.
Effective Date: July 14, 2020
  Posted: July 15, 2020
 
10-144 CMR Ch. 234, Lead Testing In School Drinking Water Rule 10-144 CMR Ch 234, Lead Testing In School Drinking Water Rule  Summary of Comments 10-144 CMR Ch 234 
Concise Summary: This is a provisional adoption of a major substantive rule.The DHHS Maine CDC is provisionally adopting this new rule to comply with 2019 PL 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 and establish the following: drinking water testing protocols for lead in all Maine schools, a standard of lead in school drinking water, abatement and mitigation methods, as well as public notification and reporting protocols.
Effective Date: March 16, 2020
  Posted: March 18, 2020
 
Rules for Family Planning Funding, 10-144 CMR Ch 287 Rules for Family Planning Funding, 10-144 CMR Ch 287  Summary of Comments 10-144 CMR Ch. 287 
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. The Department finds that the repeal of 10-144 CMR, Ch. 287, is necessary to ensure 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 did not contain enforcement mechanisms. Nor was there a statutory authority cited in the rule.
Effective Date: March 16, 2020
  Posted: March 17, 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 c.15 Emergency Death with Dignity Rule  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; 10-144 CMR c. 258 Control of Notifiable Diseases and Conditions Rule 10-144 CMR c.258 Control of Notifiable Disease and Conditions Rule - Emergency  Emergency Rulemaking Notice 10-144 CMR c.258 Control of Notifiable Conditions   
Concise Summary: The emergency adoption of amendments to 10-144 CMR chapter 258 immediately implements (1) requirements for designated health care facilities to report the number and type of available beds and medical supply inventory (i.e. personal protective equipment, pharmaceuticals, ventilator machines) to improve emergency management operations, following the Governor's proclamation, Proclamation of State of Civil Emergency to Further Protect Public Health (March 15, 2020) and authorized by Public Law 2020, chapter 617, An Act to Implement Provisions Necessary to the Health, Welfare and Safety of the Citizens of Maine in Response to the COVID-19 Public Health Emergency (effective March 18, 2020); and (2) clarification of the Departments authority in Section 2(H) to access hospital and provider records to include directly accessing the state health information exchange described at 22 MRS 1711-C(18).
Effective Date: May 12, 2020
 
Notice: Emergency Rule Adoption - EMS Personnel Reporting Rule, 10-144 ch. 124 Emergency Rule - EMS Reporting Rule 10-144 CMR ch.124  Notice of Emergency Rule Adoption - 10-144 CMR ch.124   
Concise Summary: The Department is authorized to implement rules to require entities to report information related to healthcare workforce capacity and public health emergency preparedness. (22 MRS chapter 250.) Pursuant to 5 MRS 8054, the provisional adoption of this emergency rule immediately implements requirements for emergency medical service (EMS) organizations and emergency medical dispatch (EMD) centers to report information specific to emergency medical service workforce capacity as a key element of an effective comprehensive emergency medical services system. Information collected under this rule is specific to EMS personnel who, in accordance with Department-issued guidance, are temporarily removed from service due to reasons related to exposure, or potential exposure, to a notifiable condition or disease. EMS personnel includes, but is not limited to, licensed EMS responders, emergency medical transportation services and dispatch. Reporting must be in the form prescribed by the Department. Electronic reports must be completed within 24 hours of the removal of the EMS personnel and the individual must be monitored for changes in status that must be reported within 24 hours of the change (i.e. date completed self-quarantine, hospitalization, returned to work, etc.). Information collected will be used for public health purposes and inform system capacity in the event of a potential or actual public health emergency.
Effective Date: April 22, 2020
 
Rules Relating to The Lead Poisoning Control Act Emergency Adoption- Rules Relating to the Lead Poisoning Control Act 10-144 CMR c.292   Rulemaking Notice 10-144 CMR c. 292    
Concise Summary: The Department is adopting this rule on an emergency basis to immediately implement revised federal standards for dust-lead hazards to identify and abate lead-based substances in dwellings and child-occupied facilities, decreasing the risk of exposure to environmental lead hazards and child lead poisoning. The extent of this rule change is limited to reducing dust-lead levels specified in the existing definition of "lead-contaminated dust," which, under the current rule, allows lead concentration levels to be equal to, or less than, 40 micrograms of lead per square foot (g/ft2) on floors and 250 g/ft2 on window sills. (10-144 CMR c. 292). This change is necessary to apply U.S. Environmental Protection Agency (EPA) dust-lead hazard standards effective January 2020, and establish the lower standards of 10 g/ft2 on floors and 100 g/ft2 on window sills (40 CFR 745.65), to identify the presence of environmental lead hazards that must be removed in accordance with the Maine's Lead Poisoning Control Act (22 MRS Ch. 252).
Effective Date: April 1, 2020
 
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
 

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

Stakeholders