December 2, 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.

PROPOSALS

AGENCY: 02-041 – Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Licensure (OPOR):
02-373 - Board of Licensure in Medicine, jointly with
02-392 - Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 5 (Board of Licensure in Medicine), and Ch. 39 (Board of Pharmacy): Collaborative Drug Therapy Management (new joint rule for both boards)
PROPOSED RULE NUMBERS: 2015-P220, P221
BRIEF SUMMARY: The Board of Licensure in Medicine and the Board of Pharmacy propose a new joint rule relating to collaborative drug therapy management, as established by collaborative practice agreements between practitioners and pharmacists. A more detailed description and the text of the proposed rule may be obtained from www.maine.gov/professionallicensing .
PUBLIC HEARING: None Scheduled.
COMMENT DEADLINE: January 4, 2016 at 5 p.m.
CONTACT PERSON FOR THESE FILINGS / SMALL BUSINESS INFORMATION: Geraldine Betts, Board Administrator, Board of Pharmacy, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. E-mail: Geraldine.L.Betts@Maine.gov .; Dennis Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333. Telephone: (207) 287-3601. E-mail: Dennis.E.Smith@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 13720, 13846 (Board of Pharmacy); 32 MRS  §3269(3),(7) (Board of Licensure in Medicine)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITES: http://www.maine.gov/md/; http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.html .
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #01-16
PROPOSED RULE NUMBER: 2015-P222
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: December 24, 2015, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: December 24, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: 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, 7 MRSA  §2954

AGENCY: 94-457 - Finance Authority of Maine (FAME)
PROPOSED RULE NUMBER: 2015-P223
CHAPTER NUMBER AND TITLE: Ch. 612, Maine Dental Education Loan and Loan Repayment Programs (Amendment 3)
BRIEF SUMMARY: The rule amendment makes changes to the loan repayment program by requiring that payments be made directly to the holders of the loans and clarifying the timing of such payments. The rule amendment also makes changes to the dental education loan program primarily by (a) modifying the application requirements; (b) providing for partial loan forgiveness in the event of eligible but part-time employment; and (c) changing the interest rates for first loans made after January 1, 2016, and renewals of those loans.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: January 4, 2016
CONTACT PERSON FOR THIS FILING: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3515. Fax: (207) 213-2615. TTY: (207) 626-2717. E-mail: kgabrielson@famemaine.com .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION / FAME RULE-MAKING LIAISON: Christopher Roney, General Counsel, Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3520. Fax: (207) 213-2620. TTY: (207) 626-2717. E-mail: croney@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA  §12305
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: www.famemaine.com .

AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab: 25.04, Lobster Trawl Limits; 25.97, Management Framework for Island Limited Entry Program
PROPOSED RULE NUMBER: 2015-P224
CONCISE SUMMARY: This proposed rule provides a seasonal exemption to the existing 3 trap per trawl limit for a specified area within and around the Piscataqua River, allowing up to 10 traps per trawl from January 1-April 10. This change is requested by Zone G fishermen fishing in this area, to improve gear handling and minimize gear loss during the winter months. The proposed regulation also strikes Chebeague Island from the list of islands participating in the Island Limited Entry Program.
PUBLIC HEARING: December 21, 2015 - 6:00 p.m., Scarborough Municipal Building, Council Chambers A, 259 U.S. Route 1, Scarborough, ME. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: December 31, 2015. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS  §6171-A,  §6449
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-15
ADOPTED RULE NUMBER: 2015-229 (Emergency)
CONCISE SUMMARY: Minimum December 2015 Class I price is $19.96/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.44/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: November 29, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch.101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2015-230
CONCISE SUMMARY: This adopted rule has deleted the Wholesale Acquisition Cost (WAC) from the reimbursement rate options. Furthermore, in order to be consistent with state statute 22 MRS  §3174-WW, the no co-payment requirement for smoking cessation products has been added to the pharmacy benefits retroactive to August 1, 2014, for members eighteen (18) years of age or older or who are pregnant. CMS approved these changes December 9, 2014. In addition, some terms have been replaced with nationally recognized language that is considered more respectful of the individual. The term ICF-MR (Intermediate Care Facility for Persons with Mental Retardation) has been changed to ICF-IID (Intermediate Care Facility for Individuals with Intellectual Disabilities).
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: November 29, 2015
AGENCY CONTACT PERSON: Ann O’Brien, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-1864. 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: 05-071 – Department of Education (DOE)
CHAPTER NUMBERS AND TITLES:
Ch. 21, Secular Textbooks and Services to Private School Pupils
Ch. 25, Administration of Special Education Adjustments: Definition of Budgetary Hardship
Ch. 27, Rules for Determining Geographic Isolation Status
Ch. 58, Child Nutrition Programs in Child Care Centers and Recreational Center and Camps
Ch. 120, Innovative Education Grants
Ch. 245, Standards for Education Programming for Certified Nursing Assistants
ADOPTED RULE NUMBERS: 2015-231 thru 236 (Repeals)
CONCISE SUMMARY: These rules are being repealed since the statutory provisions have been repealed.
EFFECTIVE DATE: November 28, 2015
AGENCY CONTACT PERSON / DOE RULE-MAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, Maine 04333-0023. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .