December 9, 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

AGENCIES:
10-144 – Department of Health and Human Services (DHHS), Center for Disease Control and Prevention, jointly with
05-071 – Department of Education (DOE)
CHAPTER NUMBERS AND TITLE: Ch. 261 (DHHS), Ch. 126 (DOE): Immunization Requirements for School Children
PROPOSED RULE NUMBERS: 2015-P226, P227
BRIEF SUMMARY: To add Tdap vaccine to the required school entry for children entering 8th grade. To update the varicella exclusion days to match the recommended Federal CDC exclusion days.
PUBLIC HEARING: n/a
COMMENT DEADLINE: January 9, 2016
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION:
DHHS: Jessica Demers, Maine CDC, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-3746. E-mail: Jessica.Demers@Maine.gov .
DOE: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA  § § 6352-6358
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: no
WEBSITES: Maine CDC: http://www.maine.gov/dhhs/mecdc/; DOE: http://www.maine.gov/doe/ .
E-MAIL FOR AGENCY RULE-MAKING LIAISONS: DHHS: Kevin.Wells@Maine.gov . DOE: Jaci.Holmes@Maine.gov .

ADOPTIONS

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE:
Ch. 10, Land Use Districts and Standards:
Section 10.08, Criteria for Adoption or Amendment of Land Use District Boundaries, Subsection A: General Criteria;
Section 10.25, Vehicular Circulation, Access and Parking (various subsections)
ADOPTED RULE NUMBER: 2015-237
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted amendments to the agency’s Ch. 10, Land Use Districts and Standards. The primary objective of this rule-making was to revise the Commission’s rules regarding certain technical standards that apply to subdivision development in response to specific issues identified by stakeholders in a recent facilitated rule review process. The Subdivision Technical Issues rule-making focused on the requirements for soil suitability, maximum road grade, steep slopes and phosphorus control. In addition, changes were made to Ch. 10 to conform with legislative changes removing the requirement that proposed land use districts satisfy a demonstrated need in the community or area.
EFFECTIVE DATE: December 7, 2015
AGENCY CONTACT PERSON: Stacie R. Beyer, Maine Land Use Planning Commission, 106 Hogan Road, Suite 8, Bangor, Maine 04401. Telephone: (207) 941-4593. E-mail: Stacie.R.Beyer@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 02-313 - Maine Board of Dental Examiners (Affiliated with the Department of Professional and Financial Regulation - PFR)
CHAPTER NUMBER AND TITLE: Ch. 16, Rules for Independent Practice Dental Hygienists to Process Dental Radiographs
ADOPTED RULE NUMBER: 2015-238
CONCISE SUMMARY: This Chapter implements Public Law 2015 ch. 2 of the 127th Legislature (First Regular Session), which requires the Board to adopt rules setting the practice standards for Independent Practice Dental Hygienists to expose and process dental radiographs as part of their established scope of practice. The existing rule allowed Independent Practice Dental Hygienists to process radiographs, but only under a pilot program, which expired on March 13, 2015. This amendment removes the pilot program language, the reporting and inspection requirements, the exposure and findings form, as well as the geographic restrictions. It retains the protocols established in the prior adoption of the rule with regard to written agreements and referral protocols.
EFFECTIVE DATE: December 5, 2015
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Penny Vaillancourt, Executive Director, Maine Board of Dental Examiners, 143 State House Station, Augusta, ME 04333-0143. Telephone: (207) 287-3333. E-mail: Penny.Vaillancourt@Maine.gov .
WEBSITE: http://www.mainedental.org/ .

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 32, Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
ADOPTED RULE NUMBER: 2015-239 (Repeal)
CONCISE SUMMARY: The Department is adopting the repeal of this rule which, since its July 1, 2011, implementation, has existed without any member enrollment. No members have ever received services under Section 32. The Department originally promulgated the rule after receiving approval from the Centers for Medicare and Medicaid Services (CMS) to operate a Section 1915(c) Home and Community-Based Services waiver for children with Intellectual Disabilities and/or Pervasive Developmental Disorders. The waiver has since expired and, through CMS guidance, the Department determined not to renew the waiver as all waiver services are currently being offered to this population elsewhere. With the expired waiver, the Department is no longer authorized to operate this program.
No members will be affected by the repeal of Ch. II Section 32. Children who would have been eligible for these waiver services already receive and will continue to receive these services through other sections of the Medicaid State Plan, through the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) Services, and through state-funded programs at the Office of Child and Family Services.
The Department is concurrently provisionally adopting the repeal of Ch. III Section 32, on the same basis. This rule, Ch. II Section 32, is a routine technical rule. Ch. III Section 32 is a major substantive rule and requires authorization from the Legislature.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: December 9, 2015
AGENCY CONTACT PERSON: Andrew Hardy, Comprehensive Health Planner II, Office of MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Andrew.Hardy@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .