December 18, 2013

(Note: because of the December 25 holiday, next week's rule-making notices will be published on Tuesday, December 24.)

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, Division of Support Enforcement and Recovery
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual
PROPOSED RULE NUMBER: 2013-P293
BRIEF SUMMARY: This rule-making will update Ch. 10 of the Maine Child Support Enforcement Manual to clearly reflect the current status of Maine law and clarify procedures for Notice of Debt.
DETAILED BASIS STATEMENT / SUMMARY: This rule-making updates and clarifies the procedures outlined in Ch. 10 of the Maine Child Support Enforcement Manual, "Proceedings Under 19-A M.R.S.A. §2352 (Notice of Support Debt) and 19-A M.R.S.A. §2359 (Expedited Income Withholding)." The Rule is being changed so that it more accurately reflects the procedures and requirements stated in the relevant statutes. This rule-making anticipates that clarifying the components and characteristics of the Notice of Debt will inform and simplify the adjudication of debts resulting from this process.
PUBLIC HEARING: none
COMMENT DEADLINE: January 17, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro, Staff Counsel, 11 State House Station, 19 Union Street Augusta, ME 04333. Telephone: (207) 624-4100. Fax: (207) 287-6883. TTY: 711 Maine Relay. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §42(1); 19-A M.R.S. §2352; 19-A M.R.S. §2359
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 323, Maine General Assistance Policy Manual, Rule #17P: Section V, Eligibility Factors (page 2): Non-Financial Eligibility Factors: Citizenship
PROPOSED RULE NUMBER: 2013-P294
CONCISE SUMMARY: This rule proposes to align Maine’s General Assistance citizenship eligibility requirements with those applicable to legal non-citizens who are covered under other federal and state funded programs such as Temporary Assistance for Needy Families (TANF) and the Maine Food Supplement (SNAP) program.
Under the proposed rule, individuals who are not eligible for federal or state TANF or SNAP benefits due to citizenship status will not be eligible for General Assistance.
PUBLIC HEARING: January 10, 2014, starting at 1:00 p.m. at 19 Union Street, Conference Room 110, Augusta, Maine
DEADLINE FOR COMMENTS: Midnight, January 24, 2014
AGENCY CONTACT PERSON: Dave MacLean, General Assistance 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) 624-4138. TTY: 711 (Maine Relay). E-mail: Dave.MacLean@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42; 22 MRSA §§ 4305(3), 4309, 4323
WEBSITE: http://www.maine.gov/dhhs/ofi/services/general-assistance/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 02-392 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Maine Board of Pharmacy
CHAPTER NUMBERS AND TITLES:
Ch. 1, Definitions (amended)
Ch. 4, Licensure of Pharmacists (amended)
Ch. 4-A, Administration of Drugs and Vaccines (amended)
Ch. 6, Pharmacy Student Internship Programs (sunsetted) (repealed)
Ch. 6-A, Pharmacy Student Internship Programs (amended)
Ch. 7, Licensure and Employment of Pharmacy Technicians (amended)
Ch. 8, Licensure of Retail Pharmacies (amended)
Ch. 13, Operation of Retail Pharmacies (amended)
Ch. 18, Sterile Pharmaceuticals (repealed)
Ch. 19, Receipt and Handling of Prescription Drug Orders (amended)
Ch. 20, Automated Pharmacy Systems (amended)
Ch. 23, Accounting for Prescription Drugs (amended)
Ch. 24, Retention of Records by Pharmacies (amended)
Ch. 25, Patient Counseling (amended)
Ch. 29, Violations of State or Federal Law or Rule; Other Standards (amended)
Ch. 30, Unprofessional Conduct (amended)
Ch. 34, Licensure of Retail Suppliers of Medical Oxygen (amended)
Ch. 35, Licensure of Extended Hospital Pharmacies (new chapter)
Ch. 36, Licensure of Opioid Treatment Programs (new chapter)
Ch. 37, Licensure of Sterile Compounding Pharmacies (new chapter)
Ch. 38, Licensure of Closed-Shop Pharmacies (new chapter)
ADOPTED RULE NUMBER: 2013 298 thru 318
CONCISE SUMMARY: In this rule-making proceeding the board: (1) adopted new chapters for the licensure of extended hospital pharmacies, opioid treatment programs, sterile compounding pharmacies and closed-shop pharmacies; (2) adopted requirements for retail pharmacies and closed-shop pharmacies that engage in non-sterile compounding; (3) provided for the licensure of pharmacy interns; (4) more specifically delineated the permissible duties of pharmacy technicians, (5) eliminated the license category of pharmacy technician (advanced); (6) eliminated the ratios governing the maximum number of pharmacy technicians permitted to work under the supervision of a pharmacist; (7) expanded the scope of drugs and vaccines that may be administered by a pharmacist; (8) required a pharmacy that operates a vaccine administration clinic to submit its written plan of operation for one-time approval by the board; (9) provided for administration of drugs and vaccines by a pharmacy intern under the direct supervision of a pharmacist; (10) adopted federal standards that permit electronic prescriptions for controlled drugs; (11) authorized the board to waive rule requirements relating to automated pharmacy systems in hospitals; (12) revised requirements relating to disposal of drugs; (13) eliminated a pharmacy's obligation to report the theft, loss or unresolved inventory discrepancy of non-controlled drugs; (14) reduced pharmacies' record retention requirement from 3 years to 2 years for all records other than patient profiles; (15) required the compounding area (if applicable) and controlled drug storage areas to be protected by alarm and security cameras; (16) eliminated the minimum size requirement for prescription filling areas; (17) updated the list of state and federal laws and rules and other external rules and codes that are enforceable by the board; (18) repealed obsolete chapters, deleted obsolete text, and make many other changes relating to the licensing of pharmacists and pharmacy technicians and the licensing and operation of pharmacies.
EFFECTIVE DATE: December 11, 2013
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: Anne.L.Head@Maine.com .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rule #182A, 183A COLA, SUA, ARRA Sunset: FS-000-1, Basis of Issuance; FS-444-8 pages 1-4, Households with Special Circumstances; FS-555-5 pages 1-11, Income and Deductions (Treatment of Income); and FS-555-6 pages 1-3, Income and Deductions (Calculating Eligibility and Monthly Benefit)
ADOPTED RULE NUMBER: 2013-319, 320
CONCISE SUMMARY: This rule makes permanent emergency rule #182E COLA and SUA Changes, which implemented the updated cost of living and standard utility allowances, as determined and approved by USDA Food and Nutrition Services (FNS), for FFY 2014, as of October 1, 2013.
This rule also makes permanent #183E ARRA Sunset, which implemented the decrease in Food Supplement benefits for November 1, 2013, due to the expiration of the ARRA provision. Maximum allotments will decrease by an average of five percent and the minimum benefit of $16 will also decrease to $15.
Although the rules were introduced separately because of different federally mandated effective dates, the rules are being combined in this final rule to ensure that the application of values are applied correctly and avoid confusion of the intended effective dates.
EFFECTIVE DATE: December 27, 2013
AGENCY CONTACT PERSON: Karen 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/services/snap/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #270A: Part 9 Section 3, Non-Categorical Eligibility (repealed)
ADOPTED RULE NUMBER: 2013-321
CONCISE SUMMARY: The MaineCare Childless Adults section 1115 demonstration waiver, that provided health care coverage to childless adults and non-custodial parents with incomes at or below 100% of the Federal poverty level (FPL), expires on December 31, 2013. Therefore, the Department of Health and Human Services (DHHS) is repealing Ch. 332, Part 9 Section 3, Non-Categorical Eligibility. The Department will provide prior notice to the recipients impacted by these changes.
EFFECTIVE DATE: December 31, 2013
AGENCY CONTACT PERSON: Reinhold Bansmer, MaineCare 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) 624-4105. TTY: 711 (Maine Relay). E-mail: Reinhold.Bansmer@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/home.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .