February 24, 2016

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:
02-373 - Board of Licensure in Medicine
02-383 - Board of Osteopathic Licensure
CHAPTER NUMBER AND TITLE: Ch. 2, Joint Rule Regarding Physician Assistants
PROPOSED RULE NUMBERS: 2016-P017, P018
BRIEF SUMMARY: The Board of Licensure in Medicine and the Board of Osteopathic Licensure propose a joint rule regarding physician assistants. The proposed rule: establishes the process and requirements for a physician assistant to obtain a license and certificate of registration with either Board, and to work under the supervision of a licensed physician; sets forth standards for supervision of physician assistants and plans of supervision; establishes the scope of practice, including prescribing authority; imposes notification requirements upon physician assistants upon the occurrence of certain events, including but not limited to a change of primary supervising physician and the imposition of discipline; establishes licensing and registration fees; sets the continuing medical education requirements for renewal of licensure and registration; and establishes a joint Physician Assistant Advisory Committee. The text of the proposed rule may be obtained from www.maine.gov/md or www.maine.gov/osteo.
PUBLIC HEARING: Friday, March 18, 2016 at 1:30 p.m. The public hearing will be held at the Board of Licensure in Medicine Office, 161 Capitol Street, Augusta, ME.
COMMENT DEADLINE: Monday, March 28, 2016 at 5:00 p.m.
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION: Dennis E. Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333. Telephone: (207) 287-3605. Fax: (207) 287-6590. E-mail: Dennis.Smith@Maine.gov. Susan E. Strout, Executive Secretary, Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333. Telephone: (207) 287-2480. Fax: (207) 287-3015. E-mail: Susan.E.Strout@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 3269(7), 3270-E (Board of Licensure in Medicine); 32 MRS  § § 2562, 2594-E (Board of Osteopathic Licensure)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITES: www.maine.gov/md (Board of Licensure in Medicine); www.maine.gov/osteo (Board of Osteopathic Licensure)
RULE-MAKING LIAISONS: Maureen.S.Lathrop@Maine.gov (Board of Licensure in Medicine); Susan.E.Strout@Maine.gov (Board of Osteopathic Licensure)

AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 830, Valuation of Life Insurance Policies
PROPOSED RULE NUMBER: 2016-P019
BRIEF SUMMARY: The purpose of the proposed amendments is to adopt the 2009 amendments to the National Association of Insurance Commissioners (NAIC) Model Regulation which removes former restrictions on the experience factors life insurers use to determine reserves for certain types of policies. In connection with this change, an annual actuarial statement as to the impact of any insufficiency of assets to support the payment of benefits and expenses and the establishment of reserves is required.
PUBLIC HEARING: None Scheduled
COMMENT DEADLINE: March 31, 2016 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Elena Crowley., Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRS  § § 212, 953, 957-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .

AGENCY: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
PROPOSED RULE NUMBER: 2016-P020
BRIEF SUMMARY: This amendment updates the existing rules governing the jackpot draw game Powerball. This amendment is establishing a new Grand Prize Carry Forward Pool within the Multistate Lottery Association (MUSL) that its members including Maine will contribute to and utilize to fund starting Powerball jackpots. Under this amended rule, when an actual jackpot is supported, based on the accumulation of funds in the Grand Prize Pool, exceeds $300 million annuity value, an additional set-aside goes into effect. Up to 10% of sales for MUSL members will be used to fund a Grand Prize Carry Forward Pool. When an actual jackpot is supported, based on the accumulation of funds in the Grand Prize Pool, exceeds $800 million annuity value, an increased set-aside goes into effect. Up to 20% of sales for MUSL members will be used to fund a Grand Prize Carry Forward Pool. If funds are available in the Grand Prize Carry Forward Pool, they will be used to supplement the funds in the Grand Prize Pool for the starting jackpot, such that the total Grand Prize Pool is sufficient to fund a $40 million annuity on the first drawing. If the MUSL Grand Prize Carry Forward Pool exceeds a balance of $199 million prior to a drawing, the Grand Prize Carry Forward Pool set-asides will cease until such time as the Grand Prize Carry Forward Pool drops below $199 million.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: March 31, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Multi-State Lottery Association and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA  §374; 8 MRSA  §372 sub- §2  ķI
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Alexander.Willette@Maine.gov .

ADOPTIONS

AGENCY: 06-481 – Department of Environmental Protection (DEP), Board of Underground Storage Tank Installers (BUSTI)
CHAPTER NUMBER AND TITLE: Ch. 1, Administrative Rules
ADOPTED RULE NUMBER: 2016-025
CONCISE SUMMARY: The amendments to Ch. 1 reflect a change to the name of the fund that fees are paid into and changes the statutory citation to the fund; both changes are a result of LD 1303 (PL 2015 c. 319).
EFFECTIVE DATE: February 21, 2016
AGENCY CONTACT PERSON: Tom Graham, Department of Environmental Protection, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
BUSTI WEBSITE: http://www.maine.gov/dep/waste/busti/index.html .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual – Adult: Subsection 20.1, Prisoner Discipline
ADOPTED RULE NUMBER: 2016-026
CONCISE SUMMARY: The Maine Department of Corrections has adopted a new rule to repeal and replace the existing rule governing Prisoner Discipline pursuant to 34-A MRS  §3032. The adopted rule seeks to clarify the discipline process; eliminate some violations; adding clarifying language to existing violations; add new violations; incorporate an option for the suspension of dispositions based on a contract for positive behavior; allow other supervisory security staff to be involved in the disciplinary process for efficiency of operations; address emerging issues such as social networking; and other, minor changes.
It is anticipated that disciplinary hearing process will flow more efficiently because of the changes in the new rule that adds other supervisory security staff that can be involved in the disciplinary process; stipulates an earlier timeframe for the prisoner to notify staff of witnesses that he or she would like to call; states that only arguments raised during the hearing can be appealed are some of the major revisions. It is also anticipated that the clarifications to some of the violations will assist staff and prisoners in better understanding prohibited behavior. Some violations were eliminated and some were added to address changing issues in the Department.
EFFECTIVE DATE: February 29, 2016
AGENCY CONTACT PERSON / DOC RULE-MAKING LIAISON: Mary Lucia, Maine Department of Corrections, 111 State House Station, Augusta, ME 04333. Telephone: (207) 287-4681. E-mail: Mary.A.Lucia@Maine.gov .
WEBSITE: http://www.maine.gov/corrections/ .