June 5, 2013

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: 02-502 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Complementary Health Care Providers
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions; Ch. 2, Advisory Rulings; Ch. 3, License Requirements for Acupuncturists; Ch. 4, License Requirement for Naturopathic Doctors; Ch. 5, Standards for Continuing Professional Education for Acupuncturists and Naturopathic Doctors; Ch. 7, Grounds for Discipline; Ch. 8, Code of Ethics; Ch. 9, Fees (repeal)
PROPOSED RULE NUMBER: 2013-P122 thru P129
BRIEF SUMMARY: In this rule-making summary the board proposes to: (1) better describe the documentation required to establish eligibility for licensure; (2) standardize the format of the licensing chapters for acupuncturists and naturopathic doctors; (3) eliminate a letter from a master or licensed acupuncturist as a means of satisfying the 300 hour clinical experience requirement for licensure as an acupuncturist or specialty certification of a naturopathic doctor; (4) set forth requirements and responsibilities for supervisors of acupuncture student interns; (5) change the continuing education requirements; (6) revise the grounds for discipline; (7) amend the code of ethics; (8) repeal the fee chapter; and (9) repeal obsolete and unnecessary provisions. A more detailed description and the text of the proposed rule are available at www.maine.gov/professionallicensing .
DETAILED BASIS STATEMENT / SUMMARY: In this rule-making proceeding the board proposes to:
* Better describe the documentation required to establish eligibility for licensure.
* Standardize the format of the licensing chapters for acupuncturists and naturopathic doctors.
* Eliminate a letter from a master or licensed acupuncturist as a means of satisfying the 300 hour clinical experience requirement for licensure as an acupuncturist or specialty certification of a naturopathic doctor.
* Require that the supervisor of an acupuncture student intern maintain an active, unrestricted license and be in full compliance with any disciplinary action imposed by the board.
* Provide that a supervising acupuncturist is legally and ethically responsible for the professional activities of an intern under his or her supervision.
* Change the continuing education requirement for acupuncturists from 30 hours every two years to 15 hours annually.
* Reduce the base line continuing education requirement for naturopathic doctors from 37 hours annually, of which at least 7 hours must be in pharmacology, to 25 hours annually, of which at least 7 hours must be in pharmacology.
* Expand the number of recognized sponsors and providers of continuing education activities by committing the board to publish a list of pre-approved sponsors and providers at the beginning of each license year. The current list of approved sponsors and providers is attached to this notice. Similar to the procedure in the current rules, a licensee may also request the board to specifically approve a continuing education activity that is not offered by a pre-approved sponsor or provider.
* Eliminate the 15-hour restriction in the current rules for audio- or video-taped presentations, slides, programmed instruction or computer-assisted instruction that applies to naturopathic doctors. Such activities are eligible for continuing education credit under the proposed rule without limitation for both acupuncturists and naturopathic doctors, provided that the sponsor or provider is on the list of pre-approved sponsors and providers described above, or the board approves the continuing education activity upon application by an individual licensee as discussed above.
* Revise the grounds for discipline to include, among other changes,
o Billing patients or third-party providers for services not rendered.
o Failing to practice acupuncture in accordance with the Clean Needle Technique Manual for Acupuncturists.
o Billing patients or third-party providers inaccurately, excessively or unfairly.
o Failing to maintain professional boundaries in relationships with patients or engaging in a dual relationship that impairs treatment, exploits practitioner/patient trust, or fosters an undue dependency of the patient on the practitioner.
o Engaging in a sexual relationship with a former patient within the 6 month period following the end of the professional relationship.
o Engaging in a sexual relationship with a former patient after the 6 month period following the end of the professional relationship that exploits the trust established during the professional relationship.
* Amending the code of ethics applicable to licensed acupuncturists and naturopathic doctors.
* Repealing the fee chapter. (Fees are now set by the Director of the Office of Professional and Occupational Regulation.)
* Repealing obsolete and unnecessary material.
PUBLIC HEARING: June 26, 2013, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: July 8, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: 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 .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §§ 12503, 12512, 12516(1), 12525, 12526(3); 5 MRSA §§ 8051, 9001(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/complementary/index.htm .
PFR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .


AGENCY: 01-015 - Maine Milk Commission (MLC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #07-13
PROPOSED RULE NUMBER: 2013-P130
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 .
PUBLIC HEARING: June 20, 2013, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 20, 2013
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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 23, Youth Camp Trip Leader Permits and Junior Maine Guide Program (formerly 09-143 Ch. 23)
ADOPTED RULE NUMBER: 2013-121
CONCISE SUMMARY: In accordance with Title 12 MRSA §§ 12859 and 12860, the Department has adopted rules that will repeal and replace Ch. 23, the rules governing the Junior Maine Guide Program and Youth Camp Trip Leader Permits. These modifications will reinstate the Trip Leader and Junior Maine Guide Committees, strengthen the program standards and clarify the process to obtain a permit. This rule will take effect September 1, 2013.
A complete copy of the rule may be obtained from the Agency Contact Person below.
EFFECTIVE DATE: September 1, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 01-015 - Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-13
ADOPTED RULE NUMBER: 2013-122 (Emergency)
CONCISE SUMMARY: Minimum June 2013 Class I price is $22.18/cwt. plus $1.53/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 $25.91/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: June 2, 2013
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 .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


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 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2013-123
CONCISE SUMMARY: This rule will permanently adopt a budget savings initiative of P.L. 2013, Ch. 1, §A-23, An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2013. The amended rule reduces reimbursements rates for Licensed Clinical Professional Counselors (LCPC) and Licensed Marriage and Family Therapists (LMFT) by 5%. This change in rates requires a State Plan Amendment to be approved by the Centers for Medicare and Medicaid Services (CMS); the Department requested approval of a State Plan Amendment retroactive to the effective date of a prior emergency rule that took effect March 5, 2013.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: June 3, 2013
AGENCY CONTACT PERSON: Ann O'Brien, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ann.Obrien@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry
CHAPTER NUMBER AND TITLE: Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine
ADOPTED RULE NUMBER: 2013-124
CONCISE SUMMARY: This amendment to CMR 01-001 Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine, makes a number of substantive changes to the certified seed rules. The principal reasons for adopting this rule are to modify the setting of fees associated with the seed potato certification programs field and shipping point inspections. These fees will be established in conjunction with the Maine Potato Board's Seed Executive Council the same way Post-Harvest Testing Fees are currently set. The amendment also changes the designation of the propagation of certification and foundation seed potatoes from a Nuclear and Generation Year System to a Field Year System. This will bring Maine's designations more in line with other states designations and make it easier to compare on a national level the actual year of propagation. The amendment also decreases by one Field Year the eligibility of seed to be recertified. That year's seed can still be sold for tablestock or processing use. This change will also bring Maine's program in line with other states' programs and improve the flushing out of the system any possible high disease seed. It makes other changes requested by the seed potato industry or to bring the certified seed rules into conformity with state, national and international seed potato certification practices. The amendment also makes a number of grammatical and non-substantive changes.
EFFECTIVE DATE: June 29, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/acf/index.shtml .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI), Food Supplement Program
CHAPTER NUMBER AND TITLE: Ch. 301, OFI Food Supplement Certification Manual,
Rule #180E: Updated Trafficking Definition and Supplemental Nutrition Assistance Program (SNAP) - Food Distribution Program on Indian Reservations (FDPIR) Dual Participation
ADOPTED RULE NUMBER: 2013-125
CONCISE SUMMARY: This rule updates the Maine Food Supplement Certification Manual with the updated trafficking definition and Supplement Nutrition Assistance Program-Food Distribution Program on Indian Reservations dual participation prohibition published in the Department of Agriculture Federal Register on February 21, 2013. This rule is being processed as an emergency measure so that the state may implement the federal rule changes to improve Program integrity.
There are also some minor text changes, including updating AFDC references to TANF or TANF/PaS, and changing Food Supplement "coupons" to "benefits".
EFFECTIVE DATE: May 31, 2013
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone (207) 624-4108. TTY: 711 Maine Relay. E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .