February 24, 2010

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

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

PROPOSALS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention
CHAPTER NUMBER AND TITLE: Ch. 297, Dental Care Access Credit Program
PROPOSED RULE NUMBER: 2010-P38
CONTACT PERSON FOR THIS FILING: Judith A. Feinstein. Telephone: (207) 287-3267. E-mail: Judith.A.Feinstein@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: 2:00 p.m., March 16, 2010, Maine CDC Offices, 286 Water St., Conference Room 12 (1st floor), Augusta, ME
COMMENT DEADLINE: March 26, 2010
BRIEF SUMMARY: These rules define the terms and conditions for participation in the Dental Care Access Credit Program, a time-limited program which certifies up to 5 eligible dentists for calendar year 2009 and up to 5 additional eligible dentists for calendar year 2010, allowing them a credit against individual state income taxes. Eligible dentists are those who are licensed to practice as dentists in Maine who, after January 1, 2009, first began practicing dentistry in the State by joining an existing practice in a federally designated underserved area, establishing a new dental practice or purchasing an existing dental practice in a federally designated underserved area. The credit may be claimed for the first year that the eligible dentist meets the conditions for at least 6 months and each of the four subsequent years. Only dentists initially certified for 2009 and 2010 may claim this credit, and the Program terminates on December 31, 2015 when the enabling statute is repealed.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §5219-DD
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
MaineCDC RULE-MAKING LIAISON: Chris.Zukas-Lessard@Maine.gov
URL: http://www.maine.gov/dhhs/boh/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2010-40
CONCISE SUMMARY: The Department is adopting changes to MaineCare Benefits Manual, Ch. II Section 80, Pharmacy Services. The adopted rules are necessary to avoid a threat to public health, safety, or general welfare. The threat to public health is due to the expected escalation of H1N1 (swine flu) this year. MaineCare is adopting the increase in reimbursement for administration of seasonal flu vaccines (H1N1) and other immunizations allowed under 32 MRSA § 13831 for licensed Maine pharmacists. MaineCare will reimburse $5 per vaccination for administration of these vaccines. Furthermore, MaineCare pharmacies who compound the drug Tamiflu for MaineCare children and other MaineCare members where there is a medical need and when the pharmacy is unable to provide Tamiflu Suspension will receive a $10.00
compounding fee. This is so that MaineCare children are not denied access to a medically necessary antiviral during this flu season.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: February 16, 2010
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 2874460. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Nicole.Rooney@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention
CHAPTER NUMBER AND TITLE: Ch. 297, Dental Care Access Credit Program
ADOPTED RULE NUMBER: 2010-41 (Emergency)
CONCISE SUMMARY: These emergency rules would define the terms and conditions for participation in the Dental Care Access Credit Program, a time-limited program which certifies up to 5 eligible dentists for calendar year 2009 and up to 5 additional eligible dentists for calendar year 2010, allowing them a credit against individual state income taxes. These rules would be effective from February 12, 2010 through May 13, 2010. Regular rulemaking will be initiated simultaneously with the promulgation of these emergency rules.
EFFECTIVE DATE: February 12, 2010 – May 13, 2010
CONTACT PERSON FOR THIS FILING: Judith A. Feinstein, Oral Health Program, 11 State House Station, 286 Water Street, 5th floor, Augusta, ME 04333-0011. Telephone: (207) 287-3267. E-mail: Judith.A.Feinstein@Maine.gov .
MaineCDC RULE-MAKING LIAISON: Chris.Zukas-Lessard@Maine.gov
URL: http://www.maine.gov/dhhs/boh/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10 Subsection 27.2, Policy and Procedures Manual – Supervised Community Confinement Program
ADOPTED RULE NUMBER: 2010-42
CONCISE SUMMARY: The Maine Department of Corrections is repealing and replacing this rule on order to change from a process in which a prisoner’s application is the “driving force” for transfer to supervised community confinement to a process which Department of Corrections staff determine which prisoners, meeting the eligibility requirements for supervised community confinement, are reviewed for transfer to the program. In addition, the review process is streamlined by, for example, deleting the requirement to get Probation Officer input prior to review at the facility. Another change allows a medium custody prisoner to be reviewed, keeping in tact the requirement that the prisoner must be no more than minimum custody at the time of transfer.
The rule also reflects a recent change in the governing statute which permits the Commissioner to transfer to Supervised Community Confinement if it is determined by the Department’s Director of Medical Care that the prisoner has a terminal or severely incapacitating medical condition and that care outside a correctional facility is medically appropriate. Finally, minimum contact standards have been revised and a possible sanction of county jail confinement for violation of supervised community confinement has been added.
EFFECTIVE DATE: February 17, 2010
AGENCY CONTACT PERSON: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04333. Telephone: (207) 287-4681. E-mail: Esther.Riley@Maine.gov .
URL: http://www.maine.gov/corrections/


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 2.10(6) & 2.64(7)(C), Minimum Finfish Lease Site Separation
ADOPTED RULE NUMBER: 2010-43
CONCISE SUMMARY: The minimum finfish lease site separation of 2,000 feet is repealed, based on the Department’s determination that requirements for separation between sites may best be established taking into account the circumstances of the individual sites, existing fish health regulations in Ch. 24, the Bay Management Agreement of 2002 signed by all current finfish leaseholders, the advice of the Fish Health Technical Committee and lease decision criteria that require consideration of the number, density and proximity of other lease sites.
CHAPTER NUMBER AND TITLE: Ch. 50, Spiny Dogfish and Coastal Sharks
ADOPTED RULE NUMBER: 2010-44
CONCISE SUMMARY: In accordance with the de minimus status granted Maine by ASMFC, Atlantic Coastal Shark Board, these regulations on porbeagle and coastal sharks are adopted. Maine dealers purchasing porbeagle and coastal sharks are required to obtain a federal permit; porbeagle and coastal shark species are defined; the fishery for porbeagle shark will be closed when the National Marine Fisheries Service annual quota has been harvested; porbeagle shark harvest will be prohibited in territorial waters; and the head, fins and tails are required to remain attached to the carcass of all shark species through landing.
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B), Winter Flounder
ADOPTED RULE NUMBER: 2010-45
CONCISE SUMMARY: Winter flounder possession limits have been adopted for compliance with the ASMFC Addendum I to the Interstate Fishery Management Plan for Inshore Stocks of Winter Flounder. Commercial possession by persons who do not hold a federal groundfish permit would be limited to a maximum of 250 lbs per vessel, per day. The recreational possession limit of 8 fish per person per day would remain with an added seasonal closure of October 1 through June 30, both dates inclusive.
EFFECTIVE DATE: February 22, 2010
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008, Telephone: (207) 633-9584. TTY: (207) 633-9500. E-mail: Laurice.Churchill@Maine.gov
URL: http://www.maine.gov/dmr/index.htm