March 14, 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: 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 (2nd publication, hearing scheduled)
BRIEF SUMMARY: Public Law 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: April 5, 2018, 8:00 a.m. at 76 Northern Avenue, Gardiner, Maine, 04333 - Central Conference Room
COMMENT DEADLINE: April 15, 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 .
PFR WEBSITE: http://www.maine.gov/pfr/ .
OPOR RULEMAKING LIAISON: Karissa.Davan@Maine.gov .
PFR RULEMAKING LIAISON: Anne.L.Head@Maine.gov .

AGENCY: 02-384 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Alcohol and Drug Counselors
CHAPTER NUMBER AND TITLE: Ch. 7, Continuing Professional Education for Alcohol and Drug Counselors, Alcohol and Drug Counseling Aides and Certified Clinical Supervisors
PROPOSED RULE NUMBER: 2018-P030
BRIEF SUMMARY: These amendments to Ch. 7 are proposed in response to PL 2017 ch. 265, “An Act To Remove Barriers to Workforce Development in Alcohol and Drug Counseling”, which became effective on November 1, 2017. The proposed amendments:
* Reduce the number of required hours of continuing professional education for certified alcohol and drug counselors from 24 contact hours every 2 years to 18 contact hours every 2 years;
* Reduce the hours for continuing professional education for licensed alcohol and drug counselors from 36 contact hours every 2 years to 25 contact hours every 2 years;
* Reduce the hours for continuing professional education for licensed alcohol and drug counselors who are also certified clinical supervisors from a total of 48 contact hours every 2 years to a total of 37 contact hours every 2 years;
* Increase the maximum hours allowed for distance learning as a permissible continuing education activity from 10 hours to 20 hours;
* Remove references to “registered” alcohol and drug counselors in Section 2, subsection 4; and
* Make minor spelling, punctuation and numbering changes for housekeeping purposes.
These are routine technical rules as defined in the Maine Revised Statutes, Title 5 ch. 375 subchapter 2-A.
PUBLIC HEARING: No public hearing is planned.
COMMENT DEADLINE: Monday, April 16, 2018 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Kristina Halvorsen, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8500. Email: Kristina.M.Halvorsen@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §8003(2-A)(E); 32 MRS §6212; PL 2017 ch.265, “An Act to Remove Barriers to Workforce Development in Alcohol and Drug Counseling”
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same.
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/alcohol/index.html .
OPOR WEBSITE: www.maine.gov/professionallicensing .
PFR WEBSITE: http://www.maine.gov/pfr/ .
OPOR RULEMAKING LIAISON: Karissa.Davan@Maine.gov .
PFR RULEMAKING LIAISON: Anne.L.Head@Maine.gov .

ADOPTIONS

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 118, Purposes, Standards and Procedures for Educational Personnel Support Systems
ADOPTED RULE NUMBER: 2018-036 (Repeal)
CONCISE SUMMARY: This rule is being repealed as the underlying statute 20-A MRS §13015, “Local support systems”, is repealed effective July 1, 2018.
EFFECTIVE DATE: July 1, 2018
AGENCY CONTACT PERSON / DOE RULEMAKING LIAISON: Jaci Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .


AGENCY: 94-088 - Maine Arts Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Rules for Awarding Grants and Providing Services
ADOPTED RULE NUMBER: 2018-037
CONCISE SUMMARY: These rule amendments make technical changes to update existing rules governing the grantmaking procedures and programs by the Maine Arts Commission. Ch. 2 provides definitions for how the Maine Arts Commission awards grants and provides services, including conflict of interest definitions.
EFFECTIVE DATE: March 14, 2018
AGENCY CONTACT PERSON: Julie A. Richard, Executive Director, Maine Arts Commission, 193 State Street, 25 State House Station, Augusta, ME 04333. Telephone: (207) 287-2710. Email: Julie.Richard@Maine.gov .
COMMISSON WEBSITE: http://mainearts.maine.gov/ .
COMMISSION RULEMAKING LIAISON: Linda.Nelson@Maine.gov .

AGENCY: 94-088 - Maine Arts Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Rules to Carry Out the Percent for Art Act
ADOPTED RULE NUMBER: 2018-038
CONCISE SUMMARY: These rule amendments make technical changes to update existing rules governing the grantmaking procedures and programs by the Maine Arts Commission. Ch. 3 defines the process for carrying out the Percent for Art Act.
EFFECTIVE DATE: March 14, 2018
AGENCY CONTACT PERSON: Julie A. Richard, Executive Director, Maine Arts Commission, 193 State Street, 25 State House Station, Augusta, ME 04333. Telephone: (207) 287-2710. Email: Julie.Richard@Maine.gov .
COMMISSON WEBSITE: http://mainearts.maine.gov/ .
COMMISSION RULEMAKING LIAISON: Linda.Nelson@Maine.gov .