March 7, 2012

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: 01-017 � Department of Agriculture, Food and Rural Resources, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Officials and Race Track Personnel: Section 5, Judges Duties; Sub-section 3, Track Conditions, A & B
PROPOSED RULE NUMBER: 2012-P25
BRIEF SUMMARY: This proposal will allow the Maine Harness Horsemen’s Association appoint a representative rather than have an election to determine who will represent the horsemen at any given track.
CHAPTER NUMBER AND TITLE: Ch. 7, Racing: Section 6, Meeting Race Meet Standards and Maintaining Eligibility, 2; Section 16, Condition Limitations, I; Section 17, Claiming Races 6.J.
PROPOSED RULE NUMBER: 2012-P26
BRIEF SUMMARY: This proposal in Section 6 conforms to the proposal found in Ch. 3 Section 5.3; the proposal found in Section 16 allows a horse that exceeds the original condition to be allowed to race in that conditioned race provided it is drawn to the outside of the other horses that met the original condition; and, the proposal found in Section 17 requires that the funds for a claim must be made out to the owner of the horse rather than to the Association and that the unsuccessful claimant’s funds are returned to them.
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes: Section 2, Eligibility Criteria; Section 6, Conditions, Sub-section 8, Consolation Final, 1 & 2.
PROPOSED RULE NUMBER: 2012-P27
BRIEF SUMMARY: The proposal to Ch. 9, Section 2 conforms with the newly enacted provision of the law that allows a stallion to be registered throughout the breeding season; allows an individual to replace a stallion that is unable to breed or dies during the breeding season without having to pay a late fee; and, allows for a stallion that is registered after February 15 of the breeding season to be assessed a greater late fee charge.
The proposal to Ch. 9, Section 6 provides for a Consolation Final beginning in 2012 for the Sire Stakes Program.
CHAPTER NUMBER AND TITLE: Ch. 13, Pari Mutuel: Section 48, Superfecta
PROPOSED RULE NUMBER: 2012-P28
BRIEF SUMMARY: This proposal allows for the sale of superfecta wagers to be sold in increments of ten cent wagers.
CHAPTER NUMBER AND TITLE: Ch. 19, Protests, Appeals and Race Date Assignment Hearings; Section 3, Appeals, Sub-section 2, Stay of Penalty
PROPOSED RULE NUMBER: 2012-P29
BRIEF SUMMARY: This proposal requires the Commission to grant a stay of the penalty imposed by the Commission in the event that a trainer or owner requests that a split sample be forwarded to a referee laboratory that was determined to be positive by the Commission’s laboratory.
STATUTORY AUTHORITY: 8 MRSA §§ 263-A, 268, 279-A and B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IMPACT ON MUNICIPALITIES OR COUNTIES (if any);
PUBLIC HEARING: March 28, 2012 at 12:30 p.m., Gambling Control Board Room, Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, ME 04333-0104
COMMENT DEADLINE: April 9, 2012 by 5:00 p.m.
CONTACT PERSON (including small business information): Henry W. Jackson, Maine State Harness Racing Commission, Department of Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7568. E-mail: Henry.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/hrc/index.html .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 332 (amended) and Ch. 336 (new), OFI MaineCare Eligibility Manual, Rule #260P: Transfer of Asset Penalty for State Funded Assistance in Residential Care
PROPOSED RULE NUMBER: 2012-P30, P31
CONCISE SUMMARY: The Department will impose a penalty upon those who transfer their assets for less than fair market value before or after entering certain residential care settings. This transfer of asset penalty will cause individuals to use their own resources to meet their needs before receiving state-funded assistance to help pay for stays in residential care facilities, cost reimbursed boarding homes, and adult family care homes. This proposed rule will deter individuals from disposing of their assets in order to qualify for state funded assistance.
The period of time that the Department uses to determine whether a penalty for improper transfer of assets will be imposed is called the “look back period.” When an individual disposes of assets for less than fair market value on or after the beginning of the look back period, he or she may have to wait before receiving state funded assistance. Such a transfer will not impact eligibility for Medicaid.
The transfer of asset penalty in certain residential care settings is separate and distinct from any transfer penalty imposed on individuals for institutional level of care services.
This proposed rule makes changes to Ch. 332 of the MaineCare Eligibility Manual. It also creates Ch. 336 of the OFI Eligibility Manual, revising a state-funded program.
THESE RULES WILL NOT HAVE AN EFFECT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 22 MRSA §3173; P.L. 2011, Ch. 380, Part MM
PUBLIC HEARING: Wednesday, March 28, 2012, 442 Civic Center Drive, Conference Room 1A, Augusta, ME 04333: 9 a.m.
DEADLINE FOR COMMENTS: Monday, April 9, 2012
AGENCY CONTACT PERSON: Doreen McDaniel, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-4076. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 02-392 - Department of Professional and Financial Regulation (P&FR), Office of Professional and Occupational Regulation (OPOR), Maine Board of Pharmacy
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions (amended)
Ch. 6, Pharmacy Student Internship Programs (sunsetted)
Ch. 6-A, Pharmacy Student Internship Programs (new)
Ch. 7, Registration and Employment of Pharmacy Technicians (amended)
Ch. 12, Licensure of Manufacturers and Wholesalers (amended)
Ch. 13, Operation of Retail Drug Outlets (amended)
Ch. 16, Operation of Wholesalers and Manufacturers (amended)
Ch. 20, Automated Pharmacy Systems (repealed and replaced)
Ch. 20-A, Self-Service Customer Kiosks (new)
Ch. 22, Sale of Schedule V Controlled Substances (amended)
Ch. 25, Patient Counseling (amended)
ADOPTED RULE NUMBER: 2012-60 thru 2012-70
CONCISE SUMMARY: In this rulemaking proceeding the board:
* Transferred responsibility for overseeing student internships and student preceptors from retail pharmacies to pharmacy schools (Ch. 1, 6, 6-A),
* Implemented a unified, reduced-cost license for pharmacy students licensed as pharmacy technician interns (Ch. 6, 6-A)
* Ensured pharmacist control, user accountability, drug security and protection against misfills in the use of an automated pharmacy system at a hospital, nursing home or other institution (Ch. 1, 20)
* Authorized pharmacy technicians (advanced) to load an automated pharmacy system at a hospital or nursing home under the direct, remote supervision of a pharmacist (Ch. 1, 7, 20)
* Authorized deployment of self-service customer kiosks in retail pharmacies (Ch. 13, 20-A)
* Simplified the licensure process for wholesale distributors (Ch. 1, 12)
EFFECTIVE DATE: March 11, 2012
AGENCY CONTACT PERSON: Geraldine Betts, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. E-mail: Geraldine.L.Betts@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.htm .
OPOR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .