March 31, 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: 02-313 - Board of Dental Examiners
RULE TITLE OR SUBJECT: Ch. 1, Definitions
PROPOSED RULE NUMBER: 2009-P307 (comment deadline extended)
CONCISE SUMMARY: The proposed rule change will add definitions for new words that will appear within the various chapters of the rules as a result of statutory changes, and delete words no longer referred to within the various chapters of the rules.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2), 1094-I, 1094-Q, 1095, 1100-A, 1100-B, 1100-C, 1100-E, 1100-I
RULE TITLE OR SUBJECT: Ch. 4, Rules Relating to the Practice Of Denturism
PROPOSED RULE NUMBER: 2009-P310 (comment deadline extended)
CONCISE SUMMARY: This proposed rule change will revise the scope of practice for licensed denturists in accordance with statutory changes, including the contents and criteria for a written statement of oral condition.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2), 1100-B, 1100-C, 1100-D, 1100-E
RULE TITLE OR SUBJECT: Ch. 5, Requirements for Licensure as a Denturist
PROPOSED RULE NUMBER: 2009-P311 (comment deadline extended)
CONCISE SUMMARY: This proposed rule change will establish the criteria for an upgrade curriculum for licensed denturists who do not have a diploma from a Board-approved post-secondary denturism school, which must be completed prior to producing/fabricating a removable tooth-borne partial denture. In addition, it will allow for the Board and/or Subcommittee to perform licensure interviews by means other than in-person.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2), 1100-B, 1100-C, 1100-D, 1100-E
RULE TITLE OR SUBJECT: Ch. 9, Complaints / Investigations / Unprofessional Conduct
PROPOSED RULE NUMBER: 2009-P312 (comment deadline extended)
CONCISE SUMMARY: This proposed rule change will add the following to “unprofessional conduct:” disruptive behavior; the administration of dermal fillers for non-dentally related procedures; failure to obtain a valid, signed certificate of oral condition prior to completing clinical procedures related to the fabrication of removable tooth-borne partial dentures; and failure to follow identified practice closure procedures.
STATUTORY AUTHORITY: 32 MRSA §1073(2)
RULE TITLE OR SUBJECT: Ch. 14, Rules for Use of Sedation and General
Anesthesia by Dentists
PROPOSED RULE NUMBER: 2009-P315 (comment deadline extended)
CONCISE SUMMARY: The proposed rule will exempt licensed hospitals or CODA accredited clinical settings from on- site facility and equipment inspections; allow a permittee to administer moderate sedation to no more than three patients within a Board-approved educational setting for purposes of acting as an instructor; and allow a dentist without a Board-issued moderate or deep sedation permit to employ or work in conjunction with a certified registered nurse anesthetist to provide moderate or deep sedation to patients within a dental facility under certain circumstances.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2) and 1089
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: Hearing previously held on February 19, 2010 – No additional hearing to be scheduled
DEADLINE FOR COMMENTS: May 7, 2010
AGENCY CONTACT PERSON: Teneale E. Johnson, Executive Secretary, Board of Dental Examiners, 143 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3333. E-mail: Teneale.E.Johnson@Maine.gov
URL: http://www.mainedental.org/


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 611, Maine College Savings Program, Amendment 12
PROPOSED RULE NUMBER: 2010-P64
CONTACT PERSON FOR THIS FILING: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332-0949, 207-623-3263 ext. 3515 (voice); 207-626-2717 (TDD); 207-623-0095 (Fax); E-mail: kgabrielson@famemaine.com. . URL: www.famemaine.com
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None scheduled. A hearing would be held at the request of 5 or more interested parties.
COMMENT DEADLINE: Written comments are requested on or before May 3, 2010.
BRIEF SUMMARY: The proposed rule amendment provides that for 2009 and 2010, the Hope Scholarship tax credit is also known as the American Opportunity tax credit and adds computers and certain related equipment, Internet access, and software to the definition of qualified higher education expenses; clarifies that a taxpayer identification number may be acceptable in the absence of a social security number, where required; changes the deadline for applications for annual matching grants related to contributions made to accounts in 2009 to June 30, 2010; permits the Authority to determine not only the maximum amount of an annual matching grant, if any, in the future, but also the basis for determining amounts of annual matching grants, if any, in the future; and clarifies the method for establishing the amount of Gold Star Scholarships, if any.
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §969-A; 20-A MRSA §11485
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: croney@famemaine.com
URL: www.famemaine.com


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #05-10
PROPOSED RULE NUMBER: 2010-P65
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: April 23, 2010, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: April 23, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. E-mail: Tim.Drake@Maine.gov
TELEPHONE: (207) 287-7521


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 302, Sales to Government Agencies and Exempt Organizations
PROPOSED RULE NUMBER: 2010-P66
CONCISE SUMMARY: The proposed new rule establishes clear procedures that Maine retailers would have to follow in order to document sales that are exempt by law from sales tax. Specific recordkeeping requirements are broken down by category of purchaser (government and nongovernmental exempt entity) and by method of payment (purchase order, cash, check, credit/debit card). The recordkeeping requirements are in some way stricter than under the current rule but the State Tax Assessor believes the proposed new rule is necessary in order to properly administer the statutory sales tax exemptions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: April 30, 2010
AGENCY CONTACT PERSON: Ed Charbonneau, Deputy State Tax Assessor, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@Maine.gov
URL: http://www.maine.gov/dacf/milkcommission/index.shtml
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov

ADOPTIONS


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
ADOPTED RULE NUMBER: 2010-100
CONCISE SUMMARY: This clarifies that advanced practice registered nurses must maintain a continuous certification/recertification, submit documentation before the certification /recertification expires, and what board action may be taken in the event that an advanced practice registered nurse does not comply with certification rules.
EFFECTIVE DATE: March 24, 2010
AGENCY CONTACT PERSON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1133. E-mail: Virginia.E.Delorimier@Maine.gov
URL: http://www.maine.gov/boardofnursing/


AGENCY: 02-415 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), State Board of Examiners of Psychologists
CHAPTER NUMBER AND TITLE: Ch. 6, Supervision of Unlicensed Personnel
ADOPTED RULE NUMBER: 2010-101
CONCISE SUMMARY: This chapter contains standards for the supervision of unlicensed personnel who participate in the provision of psychological services and sets forth qualifications for psychologists who supervise unlicensed personnel.
EFFECTIVE DATE: March 24, 2010
AGENCY CONTACT PERSON: Geraldine Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. E-mail: Geraldine.L.Betts@Maine.gov .
URL: http://www.maine.gov/pfr/professionallicensing/professions/psychologists/index.htm
P&FR/OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #04-10
ADOPTED RULE NUMBER: 2010-102
CONCISE SUMMARY: Minimum April 2010 Class I price is $16.47/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $4.65/cwt. handling fee for a total of $24.43/cwt. that includes a $0.20/cwt Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml
EFFECTIVE DATE: April 4, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. E-mail: Tim.Drake@Maine.gov
TELEPHONE: (207) 287-7521
URL: http://www.maine.gov/dacf/milkcommission/index.shtml


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 692, Siting of Oil Storage Facilities
ADOPTED RULE NUMBER: 2010-104
CONCISE SUMMARY: P. L. 2007, Ch. 569 amended Title 38 MRSA to include chapter 13-D, Wellhead Protection. Section 1393 of the new chapter prohibits the siting of certain designated facilities in wellhead protection zones, except as may be allowed by variance. Ch. 692 is the department rule implementing the variance provisions for oil storage facilities. The rule includes provisions that restrict the siting of oil storage facilities within sand and gravel aquifers mapped by the Maine Geological Survey. The rule establishes provisions for variances in a number of instances: 1) when it has been demonstrated that there is no hydrological connection between the facility and the water supply at issue; 2) when it has been affirmatively demonstrated that the aquifer has been incorrectly mapped; 3) when it has been affirmatively demonstrated that the aquifer has a potentially low use or is polluted; or 4) when an applicant has demonstrated that the facility will be designed and installed to further reduce the risk of discharges of oil and the likelihood of future ground water contamination.
The rule includes specific engineering, siting and monitoring criteria to ensure that the intent of the enabling legislation is met.
The Board of Environmental Protection (Board) posted the rule to a public hearing on June 16, 2009 and held the hearing to receive comments on the rule on August 6, 2009. The comment deadline was August 17, 2009. The Board voted to provisionally adopt the rule on October 15, 2009. The second session of the 124th Legislature approved the Legislative Resolve for Ch. 692 (Ch. 148, Resolves) and the Governor signed the Resolve on February 18, 2010. The Board finally adopted Ch. 692 on March 4, 2010.
EFFECTIVE DATE: April 24, 2010
AGENCY CONTACT PERSON: Jeff Madore, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7848. E-mail: Jeff.G.Madore@Maine.gov .
URL: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 700, Wellhead Protection: Siting of Facilities that Pose a Significant Threat to Drinking Water
ADOPTED RULE NUMBER: 2010-105
CONCISE SUMMARY: P. L. 2007, Ch. 569 amended Title 38 MRSA to include chapter 13-D, Wellhead Protection. Subsection 1393 established a prohibition on the siting of certain designated facilities in wellhead protection zones, except as may be allowed in subsection 1394, variances. Ch. 700 is the department rule implementing that variance provision for the following facilities: 1) automobile graveyards; 2) automobile body shops or automobile maintenance and repair facilities; 3) dry cleaning facilities that use perchloroethylene; 4) metal finishing or plating facilities; and 5) commercial hazardous waste facilities. This rulemaking is routine/technical.
In addition, P. L. 2007, Ch. 569 section 7 directed the Board of Environmental Protection to adopt rules that restrict the siting of those facilities identified above within sand and gravel aquifers mapped by the Maine Geological Survey.
The rule establishes provisions for variances in a number of instances: 1) when it has been demonstrated that there is no hydrological connection between the facility and the water supply at issue; 2) when it has been affirmatively demonstrated that the aquifer has been incorrectly mapped; 3) when it has been affirmatively demonstrated that the aquifer has a potentially low use or is polluted; or 4) when an applicant has demonstrated that the facility will be designed and installed to further reduce the risk of discharges of hazardous wastes and the likelihood of future ground water contamination.
The variance provisions of the rule include specific engineering, siting and monitoring criteria to ensure that the wellhead protection purpose of the enabling legislation is served.
The Board of Environmental Protection (Board) posted the rule to a public hearing on June 16, 2009 and held the hearing to receive comments on the rule on August 6, 2009. The comment deadline was August 17, 2009. The Board voted to provisionally adopt the rule on October 15, 2009. The second session of the 124th Legislature approved the Legislative Resolve for Ch. 692 (Ch. 149, Resolves) and the Governor signed the Resolve on February 18, 2010. The Board finally adopted Ch. 692 on March 4, 2010.
EFFECTIVE DATE: April 24, 2010
AGENCY CONTACT PERSON: Jeff Madore, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7848. E-mail: Jeff.G.Madore@Maine.gov .
URL: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual: Section 4, Maine Part D Wrap Benefits
ADOPTED RULE NUMBER: 2010-106
CONCISE SUMMARY: Effective January 1, 2010, the Department is adopting this Emergency rule to increase the member co-payment for generic drugs under the Part D Wrap Benefits from $2.40 to $2.50 per prescription. The co-pay increase is necessary in order to comply with the federal adjustments to copayment requirements under 42 U.S.C. §1395w-102(b). The Department will propose rules that will make the change permanent.
This rule change is not expected to impose administrative costs on small businesses.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: April 1, 2010
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-4460. 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 .