April 4, 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: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 305, Licensing Requirements, Annual Reporting, Enforcement and Consumer Protection Provisions for Competitive Provision of Electricity
PROPOSED RULE NUMBER: 2018-P039
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend certain provisions of Ch. 305, the rule that governs the licensing requirements, annual reporting, enforcement, and consumer protection provisions for the competitive provision of electricity. The proposed rule is intended to conform Ch. 305 to recent legislative changes regarding competitive electricity providers (CEPs) and transparency in the electricity supply market. The proposed rule is also intended to improve customer protection standards regarding the marketing practices of CEPs.
PUBLIC HEARING: April 25, 2018, 9:30 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: May 25, 2018. Written comments on the proposed rule may be filed using the Commission's Case Management System no later than 5:00 p.m., May 25, 2018. All comments will appear in the Case Management System, which is accessible from our web site. Commenters should refer to Docket Number 2018-00056 when submitting comments. If the filer does not have access to the internet, send comments by mail to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amy Mills, MPUC, 18 State House Station, Augusta, Maine 04333. TTY 711 – Maine Relay. Email: Amy.Mills@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact.
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 3203
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC WEBSITE: www.maine.gov/mpuc/ .
PUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-18
PROPOSED RULE NUMBER: 2018-P040
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954.
PUBLIC HEARING: April 19, 2018, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: April 19, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521, Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054 and 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

AGENCY: 02-396 – Department of Professional and Financial Regulation (PFR), Board of Licensure of Podiatric Medicine
CHAPTER NUMBER AND TITLE: Ch. 21, Use of Controlled Substances for Treatment of Pain
PROPOSED RULE NUMBER: 2018-P041
BRIEF SUMMARY: In 2017 the Board of Licensure in Medicine, State Board of Nursing, Board of Osteopathic Licensure, and Board of Licensure of Podiatric Medicine proposed a joint rule regarding the use of controlled substances for treatment of pain, and notice of this rulemaking proposal was published on May 3, 2017. The proposed rule repealed and replaced an existing joint rule regarding prescribing controlled substances to treat pain. As originally proposed, the joint rule: defined certain terms; required that clinicians achieve and maintain competence in assessing and treating pain; required that clinicians consider the use of non-pharmacologic modalities and non-controlled drugs in treatment of pain prior to prescribing controlled substances; required that clinicians use and document Universal Precautions when prescribing controlled substances (i.e. evaluating the patient including conducting a risk assessment to minimize the potential for adverse effects, abuse, misuse, diversion, addiction and overdose, developing a treatment plan, obtaining informed consent, employing a treatment agreement, monitoring, and creating and maintaining medical records); required that clinicians report illegal acts such as the illegal acquisition and selling of drugs; required clinicians to comply with state and federal controlled substance laws and regulations and CDC guideline for prescribing opioids; and required clinicians who prescribe controlled substances to maintain current clinical knowledge by complying with continuing education requirements.
Following receipt of written comments, the Boards made substantive changes to the proposed rule, including adding definitions for “medical emergency” and “opioid use disorder” and changes to the section of the rule regarding risk assessment. As a result, notice of the proposed rulemaking adoption with those substantive changes was re-published on September 27, 2017 to allow for additional public comment regarding the changes to the rule as originally proposed.
When the Notice of Agency Rulemaking Adoption forms were submitted for final approval the rule adopted by the Board of Licensure of Podiatric Medicine could not be accepted for filing by the Office of the Secretary of State due to a procedural deficiency. As a result, this Notice of Agency Rulemaking Proposal is being republished. No changes in the proposed rule as adopted by the Board have been made, and what is being proposed at this time is identical to the rule as adopted by the three other Boards and subsequently submitted to and approved by the Secretary of State.
PUBLIC HEARING: No public hearing is 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: Friday, May 4, 2018 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Kristina M. Halvorsen, Regulatory Board Administrator, Board of Licensure of Podiatric Medicine, 35 State House Station, Augusta, ME 04333-0035. Telephone (207) 624-8420. Fax (207) 624-8637. Email: Kristina.M.Halvorsen@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 3605-B, 3657 (Board of Licensure of Podiatric Medicine)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PROFESSIONAL LICENSING WEBSITE: www.maine.gov/professionallicensing (Board of Licensure of Podiatric Medicine)
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/podiatrists/index.html .
PFR RULEMAKING LIAISON: Karissa.Davan@Maine.gov (Board of Licensure of Podiatric Medicine)

AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
PROPOSED RULE NUMBER: 2018-P042
BRIEF SUMMARY: In any election determined by ranked choice voting, candidates could collect primary election contributions until the Secretary of State submits the tabulation of election results to the Governor. Candidates could collect donations for a recount, consistent with the limits in 21-A MRS §1018-B.
PUBLIC HEARING: Wednesday, April 25, 2018 at 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on Monday, May 7, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. Email: Jonathan.Wayne@Maine.gov .
IMPACT ON ·MUNICIPALITIES OR COUNTIES: No impact.
STATUTORY AUTHORITY FOR THIS RULE: 1 MRS §1003(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
AGENCY WEBSITE: http://www.maine.gov/ethics .

AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2018-P043
BRIEF SUMMARY: In any election determined by ranked choice voting, candidates could collect primary election contributions until the Secretary of State submits the tabulation of election results to the Governor. Candidates could co11ect donations for a recount, consistent with the limits in 21-A MRS §1018-B
PUBLIC HEARING: Wednesday, April 25, 2018 at 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on Monday, May 7, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. Email: Jonathan.Wayne@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No impact.
STATUTORY AUTHORITY FOR THIS RULE: 1 MRS §1003(1); 21-A MRS §1126.
UBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
AGENCY WEBSITE: http://www.maine.gov/ethics .

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #04-18
ADOPTED RULE NUMBER: 2018-047 (Emergency)
CONCISE SUMMARY: Minimum April 2018 Class I price is $17.35/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $3.72/cwt. handling fee for a total of $23.94/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: April 1, 2018
AGENCY CONTACT PERSON / MLC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission - Agriculture, 28 State House Station, Augusta, ME 04333, Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

AGENCY: 10-148 – Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 101, AIDS Case Management Program Standards (Repeal)
ADOPTED RULE NUMBER: 2018-048
CONCISE SUMMARY: This rule is being repealed, because it is outdated, contains only the standards for the provision of services by agencies under contract, and offers no enforcement mechanisms. The rule is further unnecessary, because program requirements and deliverables are included in Rider A of provider contracts. Based on all of these reasons, the Department is adopting its repeal of this rule. Services will continue in the same manner, and program standards and requirements will continue to exist within the provider contracts.
EFFECTIVE DATE: April 11, 2018
AGENCY CONTACT PERSON: Andrew Hardy, DHHS – MaineCDC, 286 Water Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4490. Email: Andrew.Hardy@Maine.gov .
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .