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August 30, 2017

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 02-373 - Board of Licensure in Medicine (affiliated with 02 – Department of Professional and Financial Regulation – PFR)
CHAPTER NUMBER AND TITLE: Ch. 1, Rule Regarding Physicians
PROPOSED RULE NUMBER: 2017-P071 (2nd publication)
BRIEF SUMMARY: The Board of Licensure in Medicine proposes to repeal and replace a rule regarding physicians. As originally proposed the rule: establishes the process and requirements for medical licensure or registration; establishes licensing fees; sets the continuing medical education requirements for renewal of license; imposes notification requirements upon the occurrence of certain events; authorizes staff to issue citations in lieu of formal disciplinary action for certain actions; and establishes the duties of the Secretary of the Board.
Following receipt of written comments, the Board made substantive changes to the proposed rule, including exempting applicants for and registrants with an Interstate Telemedicine Consultation Registration from the requirement to take the jurisprudence examination, creating additional exemptions to the requirement that license applicants complete the process of verifying their credentials with the Federation Credentials Verification Service (FCVS), and the modification of continuing clinical competency requirements. As a result, the proposed rule with substantive changes is being published for additional public comment regarding the changes to the rule as originally proposed.
PUBLIC HEARING: None planned. This is a publication of substantive proposed changes to a proposed rule in order to allow public comment on the proposed changes as required by Title 5 MRS �8052(5)(B). Requests to hold a public hearing by any interested person may be submitted in writing to the identified agency contact person.
COMMENT DEADLINE: September 29, 2017 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Dennis E. Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333-0137. Telephone: (207) 287-3605. Fax: (207) 287-6590. Email: Dennis.Smith@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS � � 3266, 3269, 3271, 3276-3278, 3280-A, 3300-D; 10 MRS � � 8003(5)(C), 8003-E, 8011(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: www.maine.gov/md .
BOARD RULE-MAKING LIAISON: Maureen.S.Lathrop@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. 40, Mega Million Rules
PROPOSED RULE NUMBER: 2017-P103
BRIEF SUMMARY: This amendment updates the existing rules governing the jackpot draw game Mega Millions. This amendment makes the following changes:
1. Price for each Play goes from $1.00 to $2.00 for the base game;
2. Players will now pick 5 numbers out of a field of 70 numbers vs. 75 and 1 number out of a field of 25 vs. 15;
3. The starting jackpot goes from $15 million to $40 million
4. Overall odds to win a prize in the game go from 1:14 to 1:24 and the odds of winning the Grand Prize go from 1:258,890,850 to 1:302,575,350; and
5. Game will still offer for an additional $1.00 a multiplier option that will multiply non-jackpot prizes by 2, 3, 4 or 5 times
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: October 4, 2017
BABLO RULEMAKING 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. Email: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Multi-State Lottery Association, Mega Millions Consortium and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS �374; 8 MRS �372 sub- �2 �I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DAFS RULE-MAKING LIAISON: Robert.Weaver@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. 80, Lotto America Game Rules (New)
PROPOSED RULE NUMBER: 2017-P105
BRIEF SUMMARY: This new rule governs the draw lotto game Lotto America. This is a new multi-jurisdictional draw game offered by the Multi-State Lottery Association of which the Maine State Lottery is a member. The Lotto America Game consists of the following:
1. Price for each Play is $1.00 for the base game;
2. Players will pick 5 numbers from a field of 52 numbers plus 1 number from a field of 10 numbers;
3. The starting jackpot will be $1,000,000;
4. Overall odds to win a prize in the game are 1:9.6315 and the odds of winning the Grand Prize (jackpot) will be 1:25,989,600;
5. Game will offer for an additional $1.00 a multiplier option called All Star Bonus that will multiply non-jackpot prizes by 2, 3, 4 or 5 times; and
6. The draw nights for this game will be Wednesday and Saturday.
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: October 4, 2017
BABLO RULEMAKING 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. Email: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Multi-State Lottery Association, Mega Millions Consortium and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS �374; 8 MRS �372 sub- �2 �I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DAFS RULE-MAKING LIAISON: Robert.Weaver@Maine.gov .

AGENCY: 16-642 – Department of Public Safety (DPS), Office of State Fire Marshal, Bureau of Building Codes and Standards (BBCS)
CHAPTER NUMBER AND TITLE: Ch. 1, Maine Uniform Building Code and Uniform Energy Code - Administrative Procedures
PROPOSED RULE NUMBER: 2017-P106
BRIEF SUMMARY: This proposed rule is amended to conform to a change in the statute that allows towns below 4,000 residents to adopt the building code, the energy code, or both building and energy codes. It also raises the threshold for municipal enforcement to 4,000 residents. It also clarifies a seasonal cottage to allow some seasonal structures to not comply with energy code requirements, but still comply with building and safety regulations.
PUBLIC HEARING: September 18, 2017, Champlain Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta, Maine 04333 @ 9 a.m.
COMMENT DEADLINE: September 28, 2017
CONTACT PERSON FOR THIS FILING: Michelle Mason Webber, Senior Planning and Research Analyst, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT / BBCS RULEMAKING LIAISON: Richard McCarthy, Assistant State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3886. Email: Richard.McCarthy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Towns below 4,000 residents would no longer be required to enforce the building and energy code.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS �9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FIRE MARSHAL RULEMAKING WEBSITE: http://maine.gov/dps/fmo/laws/proposedrulemaking.html .
BBCS WEBSITE: http://www.maine.gov/dps/bbcs/ .

AGENCY: 16-642 – Department of Public Safety (DPS), Office of State Fire Marshal, Bureau of Building Codes and Standards (BBCS)
CHAPTER NUMBER AND TITLE: Ch. 2, Maine Uniform Building Code and Uniform Energy Code – Third Party Inspectors
PROPOSED RULE NUMBER: 2017-P107
BRIEF SUMMARY: This rule was amended to reassign duties from the State Planning Office to the Maine Department of Economic and Community Development.
PUBLIC HEARING: September 18, 2017, Champlain Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta, Maine 04333 @ 9 a.m.
COMMENT DEADLINE: September 28, 2017
CONTACT PERSON FOR THIS FILING: Michelle Mason Webber, Senior Planning and Research Analyst, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT / BBCS RULEMAKING LIAISON: Richard McCarthy, Assistant State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3886. Email: Richard.McCarthy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS �9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FIRE MARSHAL RULEMAKING WEBSITE: http://maine.gov/dps/fmo/laws/proposedrulemaking.html .
BBCS WEBSITE: http://www.maine.gov/dps/bbcs/ .

AGENCY: 16-642 – Department of Public Safety (DPS), Office of State Fire Marshal, Bureau of Building Codes and Standards (BBCS)
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Uniform Building Code – Commercial Building Code of Maine
PROPOSED RULE NUMBER: 2017-P108
BRIEF SUMMARY: This rule adopts the 2015 version of the International Building Code. This rule was amended to conform to a change in the statute that allows towns below 4,000 residents to adopt the building code, the energy code, or both building and energy codes. It also raises the threshold for municipal enforcement to 4,000 residents. It also removes the requirement to sprinkler home based occupancies, and raises the required threshold to install sprinklers in restaurants. This rule also amends the requirements on daycare occupancies to match the requirements of the Life Safety Code as adopted by the State Fire Marshal, since this agency inspects all daycares within the State.
PUBLIC HEARING: September 18, 2017, Champlain Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta, Maine 04333 @ 9 a.m.
COMMENT DEADLINE: September 28, 2017
CONTACT PERSON FOR THIS FILING: Michelle Mason Webber, Senior Planning and Research Analyst, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT / BBCS RULEMAKING LIAISON: Richard McCarthy, Assistant State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3886. Email: Richard.McCarthy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS �9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FIRE MARSHAL RULEMAKING WEBSITE: http://maine.gov/dps/fmo/laws/proposedrulemaking.html .
BBCS WEBSITE: http://www.maine.gov/dps/bbcs/ .

AGENCY: 16-642 – Department of Public Safety (DPS), Office of State Fire Marshal, Bureau of Building Codes and Standards (BBCS)
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Uniform Building Code – Existing Building Code
PROPOSED RULE NUMBER: 2017-P109
BRIEF SUMMARY: This rule adopts the 2015 International Existing Building Code. This rule was amended to conform to a change in the statute that allows towns below 4,000 residents to adopt the building code, the energy code, or both building and energy codes. It also raises the threshold for municipal enforcement to 4,000 residents.
PUBLIC HEARING: September 18, 2017, Champlain Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta, Maine 04333 @ 9 a.m.
COMMENT DEADLINE: September 28, 2017
CONTACT PERSON FOR THIS FILING: Michelle Mason Webber, Senior Planning and Research Analyst, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT / BBCS RULEMAKING LIAISON: Richard McCarthy, Assistant State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3886. Email: Richard.McCarthy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Towns below 4,000 residents would no longer be required to enforce the building and energy code.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS �9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FIRE MARSHAL RULEMAKING WEBSITE: http://maine.gov/dps/fmo/laws/proposedrulemaking.html .
BBCS WEBSITE: http://www.maine.gov/dps/bbcs/ .

AGENCY: 16-642 – Department of Public Safety (DPS), Office of State Fire Marshal, Bureau of Building Codes and Standards (BBCS)
CHAPTER NUMBER AND TITLE: Ch. 5, Maine Uniform Building and Energy Code and Maine Uniform Building Code – Residential Building Code for One and Two Family Dwellings in Maine
PROPOSED RULE NUMBER: 2017-P110
BRIEF SUMMARY: This rule adopts the 2015 International Residential Code. This rule was amended to conform to a change in the statute that allows towns below 4,000 residents to adopt the building code, the energy code, or both building and energy codes. It also raises the threshold for municipal enforcement to 4,000 residents. The rule also reduces the allowable void spaces within a home to no more than 500 square feet. This rule also defines the use of a rooming and lodging facility to bring this code into compliance with the Life Safety Code. This rule also expands compliance options for townhomes. This rule also includes Appendix V which defines the requirements for Tiny Homes.
PUBLIC HEARING: September 18, 2017, Champlain Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta, Maine 04333 @ 9 a.m.
COMMENT DEADLINE: September 28, 2017
CONTACT PERSON FOR THIS FILING: Michelle Mason Webber, Senior Planning and Research Analyst, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT / BBCS RULEMAKING LIAISON: Richard McCarthy, Assistant State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3886. Email: Richard.McCarthy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Towns below 4,000 residents would no longer be required to enforce the building and energy code.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS �9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FIRE MARSHAL RULEMAKING WEBSITE: http://maine.gov/dps/fmo/laws/proposedrulemaking.html .
BBCS WEBSITE: http://www.maine.gov/dps/bbcs/ .

AGENCY: 16-642 – Department of Public Safety (DPS), Office of State Fire Marshal, Bureau of Building Codes and Standards (BBCS)
CHAPTER NUMBER AND TITLE: Ch. 6, Maine Uniform Energy Code – Energy Conservation Code of Maine
PROPOSED RULE NUMBER: 2017-P111
BRIEF SUMMARY: This rule adopts the 2009 International Energy Code. This rule was amended to conform to a change in the statute that allows towns below 4,000 residents to adopt the building code, the energy code, or both building and energy codes. It also raises the threshold for municipal enforcement to 4,000 residents.
PUBLIC HEARING: September 18, 2017, Champlain Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta, Maine 04333 @ 9 a.m.
COMMENT DEADLINE: September 28, 2017
CONTACT PERSON FOR THIS FILING: Michelle Mason Webber, Senior Planning and Research Analyst, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT / BBCS RULEMAKING LIAISON: Richard McCarthy, Assistant State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3886. Email: Richard.McCarthy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Towns below 4,000 residents would no longer be required to enforce the building and energy code.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS �9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FIRE MARSHAL RULEMAKING WEBSITE: http://maine.gov/dps/fmo/laws/proposedrulemaking.html .
BBCS WEBSITE: http://www.maine.gov/dps/bbcs/ .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 326, Compliance Assistance Loan Program
PROPOSED RULE NUMBER: 2017-P112
BRIEF SUMMARY: The rule sets forth eligibility requirements for borrowers and projects seeking financing for certain oil storage tank and related projects, and terms and conditions of loans. The source of funding under this rule is the Clean Water State Revolving Fund, in cooperation with the Maine Department of Environmental Protection and the Maine Municipal Bond Bank. The rule creates a program that is distinct from a similar program administered by the Authority for which funding is no longer available.
PUBLIC HEARING: None scheduled. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: September 29, 2017
CONTACT PERSON FOR THIS FILING: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, ME 04332-0949. Telephone: (800) 228-3734 ext. 3515 or (207) 620- 3515. Email: kgabrielson@famemaine.com .
CONTACT PERSON FOR SMALL BUSINESS IMPACT INFORMATION / FAME RULEMAKING LIAISON: Christopher Roney, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, ME 04332-0949. Telephone: (800) 228-3734 ext. 3520 or (207) 620-3520. Email: croney@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS �969-A(14)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
FAME WEBSITE: www.famemaine.com .

AGENCY: 02-318 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Electricians' Examining Board
CHAPTER NUMBER AND TITLE: Ch. 120, Electrical Installation Standards
PROPOSED RULE NUMBER: 2017-P113
BRIEF SUMMARY: The rule amendments adopt the 2017 National Electrical Code ("NEC"), National Fire Protection Association ("NFPA") 70 and replaces the 2014 NEC. The amendments in the rules adopt higher, safety standards for the construction industry for electricians and addresses public safety. This change reduces the risk of electric shock, electrocution and fire to the general public and electricians. This change is being adopted in many states as a necessary safety precaution and is encouraged by the NEC.
The amendments to Ch. 120 allow Maine to conform to the 2017 NEC, NFPA 70.
These rule amendments adopt revisions to Article 210.8(8) of the NEC which requires additional ground fault circuit-interrupter ("GFCI") protection equipment to be installed in newly constructed or newly renovated nonresidential occupancies in the specific locations listed under Article 210.8(8). The installation of GFCI protection equipment has proven to reduce the number of injuries and deaths due to electric shock, electrocution and fire.
PUBLIC HEARING: To proceed without a hearing.
COMMENT DEADLINE: September 29, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Catherine M. Carroll, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. Fax: (207) 624- 8636. TTY users call Maine Relay 711. Email: Catherine.M.Carroll@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No direct impact.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS �1102-B(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/electricians/index.html .
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .
PFR WEBSITE: http://www.maine.gov/pfr/ .
OPOR RULEMAKING LIAISON: Karissa.Davan@Maine.gov .

ADOPTIONS

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 104, Filing of Maine Tax Returns
ADOPTED RULE NUMBER: 2017-130
CONCISE SUMMARY: Maine Revenue Services has amended Rule 104 (Filing of Maine Tax Returns). The amended rule provides electronic filing requirements for preparers of real estate transfer tax declarations.
EFFECTIVE DATE: August 28, 2017
AGENCY CONTACT PERSON: David Ledew, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5601. Email: David.P.Ledew@Maine.gov .
MRS RULEMAKING LIAISON: John.W.Sagaser@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .

AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
ADOPTED RULE NUMBER: 2017-131
CONCISE SUMMARY: This amendment updates the existing rules governing the jackpot draw game Powerball. This amendment makes necessary changes to allow for electronically created play slips, technical changes to clarify language, and fix typographical errors. The changes do not impact the way the game is played by consumers or sold by lottery retailers.
EFFECTIVE DATE: September 30, 2017
AGENCY CONTACT PERSON / BABLO RULEMAKING 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. Email: Tim.Poulin@Maine.gov .
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .

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 (MBM): Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2017-132
CONCISE SUMMARY: This rulemaking adopts the following changes:
1. Definitions of “Acute Pain,” “Buprenorphine,” “Chronic Pain,” “Opioid Medication,” and “Prescription Monitoring Program” have been added to Section 80.01, “Definitions”.
2. In Section 80.07-6, “Policies and Procedures, Dispensing Practices”, language has been added requiring that generic drugs must be dispensed as a ninety (90) day supply for drugs identified as maintenance drugs after the initial thirty (30) day supply, with additional language excluding opioid medications from the requirement.
3. The addition of a new section, Section 80.07-12, “Prescribing Opioids for Pain Management”, which aligns MaineCare with Maine statutes and the Department’s Office of Substance Abuse and Mental Health Services rules governing the Controlled Substances Prescription Monitoring Program and Prescription of Opioid Medications. The section incorporates current best practice guidelines and includes subsections on prescribing requirements for treating chronic pain; limitations and exemptions; rules regarding prior authorization for both acute and chronic pain prescriptions; and medical record documentation requirements.
4. The addition of a new section, Section 80.07-13, “Buprenorphine and Buprenorphine Combination Products for Substance Use Disorder” (SUD) which provides best practices guidelines for Medication-Assisted Treatment (MAT) using buprenorphine and derivatives for individuals who have been diagnosed with SUD. This sections includes subsections associated with prescriber requirements; detailed protocols; limitations on members qualified to receive the drug; and rules regarding prior authorizations. The section also outlines requirements for medical records which follow the model established by the Drug Addiction Treatment Act of 2000 (DATA).
5. Section 80.09, the reimbursement sections for retail and specialty pharmacy providers, has been amended to align MaineCare policy with the CMS Covered Outpatient Drug final rule. The change to this section also includes changing the pharmacy dispensing fee from $3.35 to $11.89 following the New England States Consortium Systems Organization (NESCSO) pharmacy cost of dispensing survey.
Finally, as a result of public comments and further review by the Department and the Office of the Attorney General, there were additional technical changes, formatting updates, and changes to language for clarity. The Summary of Public Comments and Department Responses document identifies changes that were made to the final rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 2017
AGENCY CONTACT PERSON: Thomas M. Leet, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Thomas.Leet@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Plan
ADOPTED RULE NUMBER: 2017-133
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The amendments to the rule provide more flexibility to local districts that participate in the plan in terms of the benefits that can be elected for the district's employees. Each district contributes to the plan based on benefits elected.
EFFECTIVE DATE: August 30, 2017
AGENCY CONTACT PERSON / MainePERS RULEMAKING LIAISON: Kathy J. Morin, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332. Telephone: (207) 512-3108. Email: Kathy.Morin@mainepers.org .
MainePERS WEBSITE: http://www.mainepers.org/ .

AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 226, Rules Governing the Administration of Certain Substances to Animals entered in Pulling Competitions
ADOPTED RULE NUMBER: 2017-134
CONCISE SUMMARY: The purpose of these amendments is to: 1) Clarify who is responsible for the animals that are in violation of the no tolerance rule in regards of drug testing during a licensed pulling event; 2) add definition for "Driver"; 3) Clarify who should be witnessing the blood draw and who is to sign as the witness; 4) clarify who is an "Agent" under the definition; 5) remove the word "Trainer" replace with "Driver"; 6) remove the word "Agent" and replace with "Department" in section 3, 7) replace competition with event throughout Ch. 226; and 8) add "Licensed" in Section 1, (6).
EFFECTIVE DATE: September 2, 2017
AGENCY CONTACT PERSON / DACF RULEMAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. Email: Mari.Wells@Maine.gov .
DACF WEBSITE: http://www.maine.gov/dacf/index.shtml .

AGENCY: 01-303 - Department of Agriculture, Conservation and Forestry (DACF), Pull Events Commission
CHAPTER NUMBER AND TITLE: Ch. 15, Rules for Superintendents and Assistant Superintendents of Pull Events.
ADOPTED RULE NUMBER: 2017-135
CONCISE SUMMARY: The purpose of these amendments is to: 1) Add definitions for "Driver" and "Teamster"; 2) clarify what applications superintendents need to become certified superintendents; 3) clarify the authority superintendents have when giving warnings to teamsters; 4) add a Body Condition Scoring System for the equine animals entered into a Pull Event; and 5) improve and strengthen the requirements for becoming a certified Pull Superintendent.
EFFECTIVE DATE: September 2, 2017
AGENCY CONTACT PERSON / DACF RULEMAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. Email: Mari.Wells@Maine.gov .
DACF WEBSITE: http://www.maine.gov/dacf/index.shtml .

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 #286A (Repeal of Refugee Medical Assistance Program): Part 3, Eligibility Groups Requirements, Section 3.1, Refugees / Asylees
ADOPTED RULE NUMBER: 2017-136
CONCISE SUMMARY: This rule is promulgated to effectuate the termination of administration of the Refugee Medical Assistance program (RMA). The State of Maine, through the Department, will no longer administer the federally funded Refugee Resettlement Program (RRP), which includes RMA. Federal regulations allow a state to repeal the choice to administer the program, and notice of revocation was given to the Federal Government in November 2016.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 3, 2017
AGENCY CONTACT PERSON: Esther Bullard, MaineCare Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street (11 State House Station), Augusta, ME 04333. Telephone: (207)624-4178. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Esther.Bullard@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

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