March 11, 2015

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.

CORRECTION

AGENCY: 01-672 – Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Designation of Areas of Cultural or Special Significance
This notice corrects last week’s (March 4) rule-making ad for proposed rule 2015-P038. The correct deadline for public written comments is April 3rd, 2015, and the correct deadline for rebuttal written comments is April 10th, 2015.
CONTACT PERSON: Benjamin Godsoe. Telephone: (207) 287-2619. E-mail: Benjamin.Godsoe@Maine.gov .

PROPOSALS

AGENCY: 02-392 - Department of Professional and Financial Regulation PFR), Office of Professional and Occupational Regulation (OPOR), Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 34-A (New), Licensure of Retail Suppliers of Prescription Medical Devices
PROPOSED RULE NUMBER: 2015-P042
BRIEF SUMMARY: In this rule-making, the board proposes a new rule chapter that would require retail suppliers of prescription medical devices to apply for and obtain a new type of limited retail pharmacy license from the board. In 2011, under Ch. 34, the board proposed a limited retail pharmacy license for suppliers of prescription medical devices and a limited retail pharmacy license for suppliers of medical oxygen. The proposal pertaining to suppliers of prescription medical devices was not adopted for various reasons due to public comments received by the board. Since 2011, the board has received a number of requests from suppliers of prescription medical devices for a limited retail pharmacy license similar to the one for medical oxygen suppliers. The board proposes Ch. 34-A in order to meet that request and to provide a more business-friendly resolution to licensing retail suppliers of prescription medical devices. The proposed rule describes and establishes the following: (1) the application process and licensing requirements; (2) a provision for applicants filing an incomplete application to obtain a temporary license to bring their application filing to completeness; (3) the requirement of prescriptions for medical devices; (4) patient recordkeeping requirements; (5) requirements for registering and labeling devices; and (6) an exemption provision for ophthalmologic and ophthalmic aid prescription devices. The proposed rule does not require licensees to hire a pharmacist-in-charge.
The proposed rule may be downloaded from OPOR’s web site at www.maine.gov/professionallicensing or obtained from the agency contact person. The statement of economic impact on small business required by 5 MRS §8052(5-A) may also be obtained from the agency contact person.
PUBLIC HEARING: April 2, 2015 at 8:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: April 13, 2015 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Geraldine Betts, Board Administrator, 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 MRS §§ 13720, 13721(1)(E), 13722(1)(A), (B) and (C), 13723, 13751(3), 13752, 13752A, 13753(1)(D)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2015-P043
CONCISE SUMMARY: This proposed rule-making seeks to increase the time span from 72 hours to 14 days for which hospital readmissions for the same condition are not reimbursed by MaineCare. It also reduces the supplemental pool for Non-Critical Hospitals Reclassified to a Wage Area Outside Maine and Rehabilitation Hospitals from $65,321,301 to $64,769,417.
The hospital readmission change is being proposed as a recommendation of the MaineCare Redesign Task Force, established pursuant to PL 2011, Ch. 657, Part T, “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.”
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: March 30, 2015 - 2:00 p.m., Department of Health and Human Services, 19 Union Street, Room. 110, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before March 23, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight April 9, 2015.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Ann O’Brien, Comprehensive Health Planner, Office of MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ann.OBrien@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
OMS WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 02-373 – Department of Professional and Financial Regulation (PFR), Board of Licensure in Medicine
CHAPTER NUMBER AND TITLE: Ch. 4, Rules for the Issuance of Citations
ADOPTED RULE NUMBER: 2015-021
CONCISE SUMMARY: Ch. 4 lists the violations for which a citation and administrative fine may be issued, describes the licensee’s right to request a hearing, and describes the time and manner in which the fine must be paid. Section 2 specifies the Board may issue a complaint charging unprofessional conduct and states that administrative fines are not reportable to any databanks.
EFFECTIVE DATE: March 10, 2015
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Maureen S. Lathrop, Administrative Assistant, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333-0137. Telephone: (207) 287-3603. E-mail: Maureen.S.Lathrop@Maine.gov .
WEBSITE: http://docfinder.docboard.org/me/me_home.htm .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 24, Importation of Live Marine Organisms: 24.10(4)(F), Maine – Restricted Area for American Oyster
ADOPTED RULE NUMBER: 2015-022
CONCISE SUMMARY: This rule-making would make permanent the emergency rule enacted on January 15, 2015 that expanded the current Sheepscot River restricted area to include waters, shores, and flats between the southernmost point of Linekin Neck, Boothbay and the eastern shore of the Kennebec River. The movement of American oysters (Crassostrea virginica) from these waters will be prohibited, without a permit from the Maine Department of Resources (DMR), when the size of the oyster is greater than 3 mm.
The Department found that this emergency rule was necessary and appropriate to limit the spread of MSX infection outside of the currently affected areas. Due to the interconnectedness of the Sheepscot and Back Rivers and their many tributaries and embayments, the Department believes a wider expansion of the restricted area is warranted until additional testing can determine the extent of MSX infection.
Persons will be required to obtain a permit for the movement-but not harvest-of shellfish from restricted areas to ensure a reasonable degree of certainty that the movement will not endanger the indigenous marine life or its environment in accordance with Ch. 24.05. Permits require pathological examination, satisfactory to the Department, demonstrating the shellfish to be free of the disease(s) found in the restricted area.
As authorized by 12 MRS §6071 and §6171, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: March 9, 2015
AGENCY CONTACT PERSON: Marcy Nelson (tel. (207) 633-9502).
AGENCY: Department of Marine Resources, 21 State House Station, Augusta, Maine 043330-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay.
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULE-MAKING E-MAIL: dmr.rulemaking@maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.04, Lobster Trawl Limits; 25.97, Management Framework for Island Limited Entry Program
ADOPTED RULE NUMBER: 2015-023
CONCISE SUMMARY: This rule-making addresses two separate lobster trawl limits, one in the vicinity of Kittery and one off Hancock County, and also creates an island limited entry program for the island of Frenchboro.
The trawl limit that was proposed in the vicinity of Kittery is unchanged from the existing trawl limit in law. The Department is seeking to adopt this trawl limit in regulation for consistency with all other trawl limits, so that it is easier to make changes requested by industry as necessary. The trawl limit in law would subsequently be repealed. The trawl limit in Hancock County is proposed to be amended so that it does not conflict with changes to minimum trawl lengths that will be necessary for compliance with the National Marine Fisheries Service (NMFS) federal vertical line regulations (otherwise known as the “whale rules”) published June 27, 2014, and which go into effect in Maine on June 1, 2015. The position coordinates in the proposed rule have been adjusted for precision and enforcement purposes, so that the outer perimeter of the restricted area coincides with the Federally established six mile line making them congruent at its’ border. With the new whale rules, there will be a minimum number of lobster traps per trawl based on the different lobster zones and distance from shore to reduce the number of buoy lines in the water column. The measures necessary for compliance with the federal whale rules will be accomplished in a subsequent rulemaking in Ch. 75.
This rule-making addresses a recent island limited entry referendum vote for Frenchboro. It would create the Frenchboro Island limited entry program, allowing up to 14 commercial island resident lobster licenses to be issued annually as authorized by 12 MRS §6449.
EFFECTIVE DATE: March 9, 2015
AGENCY CONTACT PERSON: Sarah Cotnoir (207-624-6596)
AGENCY: Department of Marine Resources, 21 State House Station, Augusta, Maine 043330-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay.
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULE-MAKING E-MAIL: dmr.rulemaking@maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.08, Lobster Trap Tag Attachment
ADOPTED RULE NUMBER: 2015-024
CONCISE SUMMARY: The Department proposed this change in rule pending approval of a conservation equivalency from the Atlantic States Marine Fisheries Commission (ASMFC). This rule-making would remove the requirement that a trap tag be attached to the trap only by the means for which the tag was designed. Without that specification, fishermen could securely attach the tag by other means (for example, hog rings) which would enable them to change gear over and reuse tags already in their possession. Under the current system, they must cut the tag out and bring it to a DMR office to get replacement tags. By allowing fishermen to use the same valid tag, it will reduce a significant administrative burden on Marine Patrol and eliminate the need for fishermen to travel to a DMR office for this purpose, but will not compromise the effectiveness of the trap tag system for enforcement.
As authorized by 12 MRS §§ 6171-A, 6192(4) and 5 MRS §8054, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: March 9, 2015
AGENCY CONTACT PERSON: Lt. Jay Carroll, Maine Marine Patrol (tel. (207) 667-3373)
AGENCY: Department of Marine Resources, 21 State House Station, Augusta, Maine 043330-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay. TTY: (711) Maine Relay
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULE-MAKING E-MAIL: dmr.rulemaking@maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 32, Eels: Requirements for 2015 Elver Harvesting Season
ADOPTED RULE NUMBER: 2015-025
CONCISE SUMMARY: This rule-making would establish the quota system for the 2015 elver season. At the October 2014 meeting of the Atlantic States Marine Fisheries Commission’s (ASMFC) American Eel Board, the Board approved Addendum IV to the American Eel Fisheries Management Plan, which reduced Maine’s elver quota to 9,688 lbs, As required by 12 MRS §6505-A, the rule establishes the overall annual quota for the state; the amount of quota that is allocated to persons licensed to fish for elvers by the Department of Marine Resources and the formula by which that quota will be allocated to individual license holders; the portion of the annual quota that is allocated to the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians, and the Aroostook Band of Micmacs, in accordance with the percentages established by 12 MRS 6302-B, subsection 2.
In addition, the rule:
* Establishes the tributaries of the St. Croix River within which the use of fyke nets are prohibited, in accordance with 12 MRS §6575-B sub-§8;
* Defines the activities in which an unlicensed crew member may assist an individual who holds a license that authorizes crew, as authorized by 12 MRS §6505-A sub 1-B.
* Establishes a requirement that persons licensed as elver dealers record all purchase and sale transactions with other elver dealers using an elver dealer transaction card;
* Establishes a mandatory meeting for elver dealers licensed under 12 MRS §6864, to ensure that elver dealers understand their responsibilities for proper administration of the individual fishing quota system
* Requires that before purchasing elvers each fishing day (as defined within the regulation), licensed elver dealers synchronize their DMR-provided reporting software in order to align with current Department records.
* Clarifies that no person may possess elvers that were harvested outside the State of Maine, except if they are exclusively transporting legally harvested elvers through the State under the authority of the laws of the United States.
As authorized by 12 MRS §§6171, 6173; 6505-A; 6575-B, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: March 9, 2014
AGENCY CONTACT PERSON: Deirdre Gilbert (tel. (207) 624-6576)
AGENCY: Department of Marine Resources, 21 State House Station, Augusta, Maine 043330-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay. TTY: (711) Maine Relay
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULE-MAKING E-MAIL: dmr.rulemaking@maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 40, Smelt Regulations
ADOPTED RULE NUMBER: 2015-026
CONCISE SUMMARY: This rule uses recent data to manage smelt populations in three sections on the coast: (Zone 1) from the New Hampshire border to Owl’s Head in Rockland, (Zone 2) East of the Owl’s Head to Naskeag Point in Brooklin, and (Zone 3) East of Naskeag Point to the head of tide on the St. Croix River.
The first zone (Zone 1) is to be managed the most conservatively because smelt populations have declined precipitously in southern and mid-coast Maine. No taking of smelts would be allowed in this area during the spawning season March 15 to June 30. During the remainder of the year (July 1 to March 14) fishing for smelt will be allowed using hook-and-line only without any limit on take.
The second zone (Zone 2) would be managed conservatively based on data showing that some spawning runs are experiencing decline. Further, the overall abundance of smelt in this zone is low as demonstrated by DMR and other local surveys. In contrast, some local information shows that certain runs are still very productive. Management for this zone would allow for some take of smelts during the spawning season (March 15 to June 30), but a 1 quart limit per person per day possession limit would be imposed along with weekly closure days on Tuesdays and Wednesdays. During the remainder of the year (July 1 to March 14) fishing for smelt will be allowed using hook-and-line only without any limit on take.
In the third zone (Zone 3), Department surveys and local data collection have shown that most runs are stable and some are increasing. No limit on take would be imposed during non-spawning seasons and commercial fishing gear targeting smelt would be allowed in certain areas. Any person fishing commercially must possess a Commercial Pelagic Fishing License. A 2 quart per person per day possession limit would remain in place during the spawning season (March 15 to June 30). Recreational fishing gear is limited to hook-and-line or dip net only. In this zone, there is no change in regulation from the regulations in place from December 21, 2009 to present.
Based upon public comment received, proposed rules were revised in Zone One (1) to allow hook-and-line fishing July 1 to March 14 rather than allowing fishing only through the ice, and removed the limit on take. The originally proposed rule had suggested a 4 quart daily limit for the winter fishery. The comments received requested a one year delay on this part of the rule. DMR has complied with this request and allowed a one-year delay on the 4 quart daily possession limit for hook-and-line fishing during July 1 to March 14. Beginning December 1, 2015, the 4 quart daily possession limit will be in place. In Zone Two (2), the weekly closure days during the spawning season (March 15 to June 30) were revised from Tuesday/Saturday to Tuesday/Wednesday. For the period July 1 to March 14, the limit on take was removed to be consistent with the revisions for Zone 1. In Zone Three (3) the definition of the eastern extent geographic range was revised from the Campobello-Lubec Bridge to coastal waters extending to the US/Canada border so that the St. Croix River was included based upon public comment.
EFFECTIVE DATE: March 9, 2015
AGENCY CONTACT PERSONS: Claire Enterline (207) 624-6341
AGENCY: Department of Marine Resources, 21 State House Station, Augusta, Maine 043330-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay. TTY: (711) Maine Relay
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULE-MAKING E-MAIL: dmr.rulemaking@maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 29-250 - Department of the Secretary of State
CHAPTER NUMBER AND TITLE: Ch. 950, Rules Governing the Use of Digital Signatures
ADOPTED RULE NUMBER: 2015-027
CONCISE SUMMARY: This amendment makes minor modifications to the criteria for acceptance of digital signature products to align those criteria with the latest standards of the American Institute of Certified Public Accounts, and includes an alternative encryption standard to align with Federal standards. Without this change, Maine's rule would be more stringent than the Federal standard.
EFFECTIVE DATE: March 15, 2015
AGENCY CONTACT PERSON: Barbara A. Redmond, Department of the Secretary of State, 148 State House Station, Augusta, ME 04333-0148. Telephone: (207) 626-8400. E-mail: Barbara.Redmond@Maine.gov .
WEBSITE: http://www.maine.gov/sos/ .