February 7, 2018

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: 01-001 - Maine Department of Agriculture, Conservation & Forestry (DACF)
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 2018-P014
CONCISE SUMMARY: The principal reason for this rulemaking is to amend the cost of administering the Maine Milk Pool. Costs incurred for the Maine Milk Pool for personnel services and for operation was approximately $60,000 in 2017. Based on the last twelve months’ expenses, it is estimated that the Pool costs for similar expenses for 2018 will be approximately $60,000.
The total pounds in the Pool for the last twelve months (December 2016 - November 2017) were approximately 626,473,188. It is estimated that the total pounds in the Pool for 2017 will be approximately the same.
Based on the above projected costs and pounds the Pool Administrator proposes to set the rate per hundredweight of milk for the cost of administering the Pool for calendar year 2018 at $0.01/cwt. This represents no change from 2017.
PUBLIC HEARING: February 27, 2018, Tuesday, starting at 9:30 a.m., Room 332, Department of Agriculture Conservation and Forestry, Marquardt Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 12, 2018
AGENCY CONTACT PERSON: Tim Drake, DACF - Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRS §3154(2)
DACF WEBSITE: http://www.maine.gov/dacf/index.shtml .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
PROPOSED RULE NUMBER: 2018-P015
BRIEF SUMMARY: This proposed rule amendment adds subscriber and member fields in order to improve the MHDO’s patient index and to prepare for the Centers for Medicare and Medicaid Services (CMS) transition from Heath Insurance Claim Number (HICN) to Medicare Beneficiary Identifier (MBI). Other minor technical changes are also being made to conform to industry standards.
Copies of these proposed rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: March 1, 2018, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: March 12, 2018, by 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MHDO RULEMAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: 287-6732. Email: Debra.J.Dodge@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 8703(1), 8704(4), 8708(6-A), 8712(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/rules.htm .

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. 40, Authorization, Training and Procedures for Prescribing and Dispensing Naloxone Hydrochloride
PROPOSED RULE NUMBER: 2018-P016
BRIEF SUMMARY: PL 2017 ch. 249, An Act Regarding the Dispensing of Naloxone Hydrochloride by Pharmacists, directs the Maine Board of Pharmacy to establish procedures and standards for authorizing pharmacists to prescribe and dispense naloxone hydrochloride. The proposed new rule establishes the procedures and standards by which a pharmacist may prescribe and dispense naloxone hydrochloride to a person 21 years of age or older upon a prescription drug order, standing order, or collaborative drug therapy management agreement.
PUBLIC HEARING: No public hearing is planned.
COMMENT DEADLINE: March 9, 2018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Geraldine Betts, Program Administrator, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. TTY users call Maine Relay 711. Email: Geraldine.L.Betts@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 13720, 13815
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.html .
OPOR WEBSITE: www.maine.gov/professionallicensing .
OPOR RULEMAKING LIAISON: Karissa.Davan@Maine.gov .

ADOPTIONS

AGENCY: 02-385 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Manufactured Housing Board
CHAPTER NUMBERS AND TITLES:
Ch. 110, State Certification of Modular Homes
Ch. 380, Licensing - Adoption of Codes and Standards
Ch. 890, Manufactured Home Installation Standards
Ch. 900, Used Manufactured Home Installation Standards
ADOPTED RULE NUMBERS: 2018-016 thru 019
CONCISE SUMMARY:
The changes to Ch. 110 eliminate the requirement for sprinklers and adopt standards that will not increase the cost of new manufacturing homes.
The Ch. 380 changes are minor, non-substantive wording changes and citation updates.
The changes to Ch. 890 are mandated by the United States Department of Housing and Urban Development, HUD. The major change is that the manufactured housing inspectors will do a preoccupancy inspection in 30% of new manufactured homes installed in Maine instead of in 20%.
Ch. 900 changes modify wind and roof load zones and remove these zones by county. Other changes in this chapter regulate crawlspace ventilation and modify the definitions to be easier to use and more accurate.
EFFECTIVE DATE: February 5, 2018
AGENCY CONTACT PERSON: Anne L. Head, Commissioner, Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation, Manufactured Housing Board, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8500. Email: Anne.L.Head@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/manufactured_housing/index.html .
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .
PFR WEBSITE: http://www.maine.gov/pfr/index.shtml .
OPOR RULEMAKING LIAISON: Karissa.Davan@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Closures: (11)  Machias and Sand Bays in Lower Englishman Bay RA; (13) Cobscook Bay including Whiting/Denny’s Bay
ADOPTED RULE NUMBER: 2018-020 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to implement the expansion of targeted conservation closures within the Englishman Bay Rotational Area to include Sand Bay over to Machias Bay within the inner portion of the Englishmen Bay and a closure of Cobscook Bay including Whiting & Dennys Bay Limited Access Area to protect Maine’s scallop resource due to the risk of unusual damage and imminent depletion. The Department is concerned that continued harvesting for the duration of the 2017-18 fishing season in these areas will remove any remaining broodstock as well as negatively impact seed scallop resource that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource in these areas. An immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource within the inner portion of the Englishman Bay as well as Cobscook Bay including Whiting & Denny’s Bay. For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in these areas as authorized by 12 MRS §6171(3)(A).
EFFECTIVE DATE: February 4, 2018
AGENCY CONTACT PERSON: Melissa Smith (207-624-6558), Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .