August 16, 2017

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone (207) 287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 10-144 – Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 130 (New), Rule Relating to Epinephrine Auto-Injector Training and Certification
PROPOSED RULE NUMBER: 2017-P098
BRIEF SUMMARY: This proposed rulemaking establishes the classes of licensed healthcare professionals approved by the Department to conduct training specific to the use of epinephrine auto-injectors, asserts the minimum training requirements to certify individuals trained and prescribes the standard form for an authorized trainer to issue certification of completion.
PUBLIC HEARING: Not scheduled.
COMMENT DEADLINE: September 15, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Bridget Bagley, Maine CDC; Public Health Operations/Policy and Compliance, 11 State House Station – 286 Water Street, 8th Floor, Augusta, ME 04333-0011. Telephone: (207) 287-9394. Email: Bridget.Bagley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS ch. 423
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/index.shtml .
MAINE CDC RULE-MAKING LIAISON: Tera.Pare@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-146 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 14, Late-filed Application for Certificate of Marriage Rule
PROPOSED RULE NUMBER: 2017-P099
BRIEF SUMMARY: This proposed new 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 expected to assist married parties, or the legal representative of the parties, in re-creating a certificate of marriage that occurred more than one year previously and was never filed in a municipal office and/or the Department. The proposed 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.
PUBLIC HEARING: No public hearing scheduled
COMMENT DEADLINE: September 15, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Bridget Bagley, Maine CDC, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-9394. Email: Bridget.Bagley@Maine.gov .
FISCAL IMPACT OF THE RULE: This rulemaking is expected to generate minimum revenue for the Department.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS  42, 19-A MRS  660.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 19-A MRS  660
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/index.shtml .
MAINE CDC RULE-MAKING LIAISON: Tera.Pare@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
RULE TITLE OR SUBJECT: Ch. 249, Smoking in Public Places Rule
PROPOSED RULE NUMBER: 2017-P100
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.
PUBLIC HEARING: N/A - 30-Day Public Comment Period
DEADLINE FOR COMMENTS: September 15, 2017
MAINE CDC CONTACT PERSON: Tera Pare, Manager, Maine CDC Regulations and Enforcement, Department of Health and Human Services, Maine Center for Disease Control and Prevention, 286 Water Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5680. Email: Tera.Pare@Maine.gov .
FISCAL IMPACT OF THE RULE: none anticipated
STATUTORY AUTHORITY: 22 MRS  42, Ch. 262 and PL 2015 ch. 318
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/index.shtml .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 2, Adult Family Care Services
PROPOSED RULE NUMBER: 2017-P101
CONCISE SUMMARY: This proposed rulemaking seeks to increase the rates of reimbursement for Adult Family Care Services pursuant to Public Law 2015 ch. 481, Part C, An Act to Provide Funding to the Maine Budget Stabilization Fund and To Make Additional Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2016 and June 30, 2017. PL 2015 ch. 481, Part C directs the Department to set the inflation adjustment amount in accordance with the United States Department of Labor, Bureau of Labor Statistics’ Consumer Price Index-Medical Care Service Index for the fiscal year ending June 30, 2018.
This proposed rule seeks to implement a three and a half (3.5) percent cost-of-living rate increase for adult family care homes for the fiscal year ending June 30, 2018. Ch. III Section 2, “Adult Family Care Services”, increases the unadjusted price from $46.79 to $48.43 and the resource-adjusted prices accordingly. In addition, Ch. III Section 2, “Adult Family Care Services”, increases the resource-adjusted prices accordingly to adult family care homes that satisfy the definition of remote island facilities from $48.43 to $55.69.
The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for this change. Pending approval, the three and a half (3.5) percent cost-of-living increase will be effective retroactive to July 1, 2017. A Change in Reimbursement Methodology Notice was posted June 28, 2017 on the Office of MaineCare Services’ website.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: September 5, 2017, 1:00 p.m., Room 300, Cross Building, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before August 28, 2017.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on September 15, 2017.
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
STATUTORY AUTHORITY: 22 MRS    42(8), 3173; PL 2015 ch. 481 Part C
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 115, Vibrio parahaemolyticus Control Plan
ADOPTEDRULENUMBER: 2017-123 (Emergency)
CONCISE SUMMARY: This emergency rule incorporates the New Meadows River, north of Bath/State Rd. in Brunswick and West Bath, into certain elements of the existing Vibrio parahaemolyticus (Vp) control plan. The addition of the New Meadows River is intended to reduce the likelihood that American and European oysters (Crassostrea virginica and Ostrea edulis) and hard clams (Mercenaria mercenaria) harvested from the New Meadows River will cause Vp infections in consumers. Independent, biological sampling of hard clams (quahogs) in the New Meadows River has shown positive results for total Vp, so the organism is known to be present in the growing area. The Maine Department of Marine Resources recognizes that the New Meadows River has the environmental characteristics (primarily water and air temperature and salinity) that potentially pose a threat to public health with regard to Vp infections. As a result, DMR seeks to reduce the potential for Vp illnesses, by requiring industry members to shade product upon harvest and to adequately ice the product until delivery to a certified dealer. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS  6171-A
EFFECTIVE DATE: August 9, 2017
AGENCY CONTACT PERSON: Kohl Kanwit, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 633-9535. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Kohl.Kanwit@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .