October 5, 2011

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: 14-118 - Department of Health and Human Services (DHHS), Office of Substance Abuse
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing the Controlled Substances Prescription Monitoring Program
PROPOSED RULE NUMBER: 2011-P188
CONTACT PERSON FOR THIS FILING: Guy Cousins, Director, Office of Substance Abuse, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-2595. E-mail: Guy.Cousins@Maine.gov .
PUBLIC HEARING: October 27, 2011, 1:30 p.m. – 4:30 p.m., Conference Room A, OSA, 41 Anthony Avenue, Augusta, ME
COMMENT DEADLINE: November 7, 2011, 5 p.m.
BRIEF SUMMARY: The Office of Substance Abuse is proposing to change the rules governing the controlled substances Prescription Monitoring Program (PMP). The current rules will be modified to implement procedures for participation in interstate data sharing of Maine’s prescription data with other authorized member states authorized by P.L. 2011, c. 217, “An Act to Adopt the Interstate Prescription Monitoring Program Compact”.
DETAILED BASIS STATEMENT / SUMMARY: The Department has proposed changes to the rules governing the controlled substances Prescription Monitoring Program (PMP). These changes included adding language to allow in the sharing of prescription monitoring data with other states, through membership in an interstate commission. The previous rules did not allow for interstate data sharing. This new language outlines (but is not limited to) the following: Maine’s participation in the commission and sharing data with the commission, rules regarding use of Maine prescription monitoring program data, relating to organization, oversight, technology, security and member states.
The Department does not anticipate any impact on small businesses from this rulemaking. The Office of Substance Abuse will incur the total cost of implementation and membership in the commission. The benefits of having more complete and accurate information in the database will be helpful in identifying prescription drug diversion and misuse occurring across state lines and will ultimately improve the current public health and safety problem of prescription drug misuse in Maine.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42(1), 7252 & Title 22 MRSA c. 1604
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/osa/ .
OSA RULE-MAKING LIAISON: Patricia.Lapera@Maine.gov .


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #11-11
PROPOSED RULE NUMBER: 2011-P189
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: October 21, 2011, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: October 21, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .


AGENCY: 02-658 - Department of Professional and Financial Regulation (P&FR), Office of Professional and Occupational Regulation (OPOR), Maine Fuel Board
CHAPTER NUMBER AND TITLE: Ch. 113, Installation of Waste Oil Appliances and Waste Oil Supply Tanks; Ch. 115, Denial Appeals
PROPOSED RULE NUMBERS: 2011-P190, P191
CONTACT PERSON FOR THIS FILING AND SMALL BUSINESS INFORMATION: Cheryl Hersom, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333, (207) 624-8605. E-mail: Cheryl.C.Hersom@Maine.gov .
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: November 4, 2011
BRIEF SUMMARY: The Maine Fuel Board is the successor to the former Oil and Solid Fuel Board and the Propane and Natural Gas Board. In an earlier rulemaking proceeding, the Maine Fuel Board adopted the rules of the two predecessor boards on a carry forward basis without substantive change. Former Ch. 13 and 15 of the Oil and Solid Fuel Board were inadvertently omitted from the earlier rulemaking proceeding. In this rulemaking proceeding, the Maine Fuel Board proposes to adopt these two former chapters as Ch. 113 and 115, respectively. There is no substantive change in the rules text. The proposed rules may be downloaded from www.maine.gov/professionallicensing .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §18123(2); PL 2009, c. 344, sec. D-15(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .

ADOPTIONS


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4.01, Hunting and Trapping: Size, Location and Preparation of Traps
ADOPTED RULE NUMBER: 2011-318
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has amended existing trapping rules to allow the use of foothold traps and cage type live traps in WMDs 14, 18 and 19 and to allow the use of killer-type traps in WMDs 7, 14, 18 and 19 with the use of a lynx exclusionary device as defined by the Department. Also has amended the rule to correct an error regarding Hancock live traps for beaver and include the use of wooden-base rat traps for weasel and red squirrel trapping in certain WMDs.
EFFECTIVE DATE: September 28, 2011
AGENCY CONTACT PERSON: Becky Orff, Inland Fisheries and Wildlife, 284 State St, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2011-319
CONCISE SUMMARY: The adopted rule moves acute care non-critical access hospitals to Diagnosis-Related Group (DRG) reimbursement methodology effective 7/1/2011 as reflected in the recent state budget, P.L. 2011, ch. 380.
The supplemental pools for both critical and non-critical access hospitals are adjusted to reflect the conversion of one hospital to critical access status. The distribution methodology for the supplemental pool for non-critical access hospitals was changed to reflect the elimination of hospital specific discharge rates as part of the conversion to DRG methodology.
Rehabilitation hospitals will be reimbursed under a fixed rate, per-discharge methodology instead of using a DRG-based methodology effective October 1, 2011.
Language was added to DSH policy that allows Disproportionate Share Hospital (DSH) payments exceeding an individual hospital’s cap to be used for other hospitals to the extent allowable. Methodology for estimated payments made to state owned hospitals was clarified.
The minimum level on outpatient prospective interim payments to acute care non-critical access hospitals and rehabilitation hospitals has been changed to 70%. There is now a separate section of rule for these hospitals.
Rates for distinct psychiatric units were raised to previous levels effective October 1, 2011.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 28, 2011
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-11
ADOPTED RULE NUMBER: 2011-320
CONCISE SUMMARY: Minimum October 2011 Class I price is $22.81/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $26.36/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: October 2, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .


AGENCY: 16-633 - Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 1, Introduction
ADOPTED RULE NUMBER: 2011-321
CONCISE SUMMARY: Adds the introduction of the Oxford casino to the rules.
CHAPTER NUMBER AND TITLE: Ch. 3, Control of Licensees
ADOPTED RULE NUMBER: 2011-322
CONCISE SUMMARY: Adds language to the rule to reflect the addition of table games
CHAPTER NUMBER AND TITLE: Ch. 4, Licensee Records
ADOPTED RULE NUMBER: 2011-323
CONCISE SUMMARY: Adds language to the rule to reflect the addition of table games, includes reporting requirements for table games, and removes the requirement for some reports currently required.
CHAPTER NUMBER AND TITLE: Ch. 6, Ticket Redemption and Forfeited Winnings
ADOPTED RULE NUMBER: 2011-324
CONCISE SUMMARY: Adds the language for Casino Operator.
CHAPTER NUMBER AND TITLE: Ch. 7, Collection of Payments
ADOPTED RULE NUMBER: 2011-325
CONCISE SUMMARY: Change language for the addition of Casino Operator and set percentage and schedule payments for slot machine and table game revenue for casino operators
CHAPTER NUMBER AND TITLE: Ch. 8, Slot Machines: Locations and Hours of Operation
ADOPTED RULE NUMBER: 2011-326
CONCISE SUMMARY: Changed language to reflect casino operations, allows the Gambling Control Board to designate authority for approval. Changes hours of operation to no restrictions.
CHAPTER NUMBER AND TITLE: Ch. 9, Uniform Location Agreement; Contract Disclosures
ADOPTED RULE NUMBER: 2011-327
CONCISE SUMMARY: Changed language to reflect casino operations.
CHAPTER NUMBER AND TITLE: Ch. 10, Slot Machine Maintenance
ADOPTED RULE NUMBER: 2011-328
CONCISE SUMMARY: Changed language to reflect casino operations and requires the licensees to provide their own M.E.A.L books.
CHAPTER NUMBER AND TITLE: Ch. 11, Transportation of Slot Machines
ADOPTED RULE NUMBER: 2011-329
CONCISE SUMMARY: Changed language to reflect casino operations and changes the notification process for movement of slot machines and table games inter and intra state.
CHAPTER NUMBER AND TITLE: Ch. 14, Advertising
ADOPTED RULE NUMBER: 2011-330
CONCISE SUMMARY: Changed language to reflect casino operations and removed language related to responsible gaming.
CHAPTER NUMBER AND TITLE: Ch. 15, Alcoholic Beverages and Tobacco Products
ADOPTED RULE NUMBER: 2011-331
CONCISE SUMMARY: Changed language to reflect casino operations.
CHAPTER NUMBER AND TITLE: Ch. 16, Weapons
ADOPTED RULE NUMBER: 2011-332
CONCISE SUMMARY: Changed language to reflect casino operations and added chemical agents to the restrictions of weapons.
CHAPTER NUMBER AND TITLE: Ch. 17, On Premise Office Space
ADOPTED RULE NUMBER: 2011-333
CONCISE SUMMARY: Changed language to reflect casino operations.
CHAPTER NUMBER AND TITLE: Ch. 18, Responsible Gaming Programs
ADOPTED RULE NUMBER: 2011-334
CONCISE SUMMARY: Changed language to reflect casino operations and added the responsible gaming language from the rule on advertising.
CHAPTER NUMBER AND TITLE: Ch. 19, Slot Machine Testing and Certification
ADOPTED RULE NUMBER: 2011-335
CONCISE SUMMARY: Changed language to reflect casino operations.
CHAPTER NUMBER AND TITLE: Ch. 21, Prohibition of Credit
ADOPTED RULE NUMBER: 2011-336
CONCISE SUMMARY: Changed language to reflect casino operations.
CHAPTER NUMBER AND TITLE: Ch. 22, Patron Disputes
ADOPTED RULE NUMBER: 2011-337
CONCISE SUMMARY: Changed language to reflect casino operations.
EFFECTIVE DATE: October 1, 2011
AGENCY CONTACT PERSON: Patrick J. Fleming, Gambling Control Board, 87 State House Station, Augusta, ME 04333-0087. Telephone: (207) 626-3901. E-mail: Patrick.J.Fleming@Maine.gov .
WEBSITE: http://www.maine.gov/dps/GambBoard/ .


AGENCY: 02-373 - Board of Licensure in Medicine
CHAPTER NUMBER AND TITLE: Ch. 3, Physician Supervision of Advanced Practice Registered Nurse under Medical Delegation (repeal)
ADOPTED RULE NUMBER: 2011-338
CONCISE SUMMARY: Ch. 3, Physician Supervision of Advanced Practice Registered Nurse under Delegation, is being repealed and not replaced because the statutory basis for Ch. 3, 32 MRSA §2205-B(3) entitled “Delegated performance of services,” was repealed in 2009 (PL 2009, c. 512, Section 1).
No comments were received. The Board of Licensure in Medicine adopted the repeal of the Ch. 3 rules on September 13, 2011.
EFFECTIVE DATE: October 2, 2011
AGENCY CONTACT PERSON: Jean M. Greenwood, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333. Telephone: (207) 287-3603. E-mail: Jean.M.Greenwood@Maine.gov .
WEBSITE: http://www.docboard.org/me/me_home.htm .