June 19, 2019

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: 16-163 - Department of Public Safety (DPS), Maine Emergency Medical Services (Maine EMS)
CHAPTER NUMBER AND TITLE: Ch. 19, Community Paramedicine
PROPOSED RULE NUMBER: 2019-P092
BRIEF SUMMARY: This rule is intended to establish guidelines under which the Emergency Medical Services Board may issue a Community Paramedicine designation to an entity that is applying for such a designation under 32 MRS ch. 2-B §84(4): Establishment of community paramedicine services. The board may establish community paramedicine services. As used in this subsection, "community paramedicine" means the practice by an emergency medical services provider primarily in an out-of-hospital setting of providing episodic patient evaluation, advice and treatment directed at preventing or improving a particular medical condition, within the scope of practice of the emergency medical services provider as specifically requested or directed by a physician.
The board shall establish by rule the requirements and application and approval process of community paramedicine services established pursuant to this subsection. At a minimum, an emergency medical services provider, including, but not limited to, an ambulance service or nontransporting emergency medical service, that conducts community paramedicine services shall work with an identified primary care medical director, have an emergency medical services medical director and collect and submit data and written reports to the board, in accordance with requirements established by the board. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
DETAILED SUMMARY:
16 DEPARTMENT OF PUBLIC SAFETY
163 BUREAU OF EMERGENCY MEDICAL SERVICES (MAINE EMS)
CHAPTER 19: Community Paramedicine
§1. Definitions
   1. Community Paramedicine” means the practice by an emergency medical services provider primarily in an out-of-hospital setting of providing episodic patient evaluation, advice, and treatment directed at preventing or improving a particular medical condition, within the scope of practice of the emergency medical services provider as specifically requested or directed by a physician pursuant to 32 M.R.S. §84(4).
§2. How to Apply
   1. To obtain a new or renewed Community Paramedicine designation an emergency medical services provider, including but not limited to an ambulance service or non-transporting emergency medical service, must apply to Maine EMS for approval. In order to obtain this designation, the provider must:
      A. Apply on forms available from Maine EMS;
      B. Provide a description of the intended Community Paramedicine plan to be approved by the Board or Maine EMS staff;
      C. Have a quality assurance and quality improvement plan that directly addresses Community Paramedicine;
      D. Identify a primary care medical director with whom it plans to work; and
      E. Demonstrate to Maine EMS that it has designated an emergency medical services medical director.
   2. Once an application for a new or renewed Community Paramedicine designation has been accepted as complete by Maine EMS, Maine EMS shall grant, refuse, or conditionally grant the designation with 70 days.
   3. All designations will be issued with an expiration date of November 30.
§3. Scope of Practice
   1. A Maine EMS approved Community Paramedicine Provider may provide care consistent with its license level as described in these rules.
§4. Education Requirements
   1. A Maine EMS approved Community Paramedicine Provider must ensure training of its staff in line with its proposed Community Paramedicine plan.
§5. Patient Care Report
   For each request for service, or for each patient when more than one patient is involved in a call, a Maine-EMS approved Community Paramedicine Provider must complete and submit an electronic Maine EMS patient care report, as specified by Maine EMS, within twenty-four hours from the time it arrived at patient’s location.
PUBLIC HEARINGS: The hearing date will be July 11, 2019 at 6:00 p.m. at the following locations:
Portland: Region 1, Maine Medical Center, Dana Center Conference Room 3, 22 Bramhall Street
Lewiston: Region 2, Central Maine Medical Center, Conference Room H, 12 High Street
Augusta: Region 3, Maine EMS Office, DeChamplain Conference Room, 45 Commerce Drive
Bangor: Region 4, Eastern Maine Community College, Public Safety Building - Room 102, Hogan Road
Caribou: Region 5, Aroostook County EMA - Conference Room, 158 Sweden Street
Rockland: Region 6, Knox County EMA, 301 Park Street
COMMENT DEADLINE: July 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINE EMS RULEMAKING LIAISON: Jason A. Oko, Maine EMS, 152 State House Station, Augusta, ME 04333-0152. Telephone: (207) 626-3863. Fax: (207) 287-6251. Email: Jason.A.Oko@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS ch. 2-B §84(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINE EMS WEBSITE: https://www.maine.gov/ems/ .

AGENCY: 17-229 - Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 308, Rules to Establish Seasonal Load Restrictions on Certain State and State Aid Highways
PROPOSED RULE NUMBER: 2019-P093
BRIEF SUMMARY: This amendment is to update Section 1, “Definitions”, sub section #6, “Special Commodity”, to include a new letter “k)” (United States mail).
DETAILED SUMMARY: Rule is being revised to include the addition of United States mail in the list of Special Commodities as shown below:
6. Special Commodity - Includes any of the following:
   a. Home delivered heating fuel (oil, gas, coal, stove size wood that is less than 36" in length, propane and wood pellets);
   b. Petroleum products;
   c. Groceries;
   d. Bulk milk;
   e. Bulk feed;
   f. Solid waste;
   g. Animal bedding;
   h. Returnable beverage containers;
   i. Sewage from private septic tanks or porta-potties; or
   j. Medical gases;
   k. United States mail.
PUBLIC HEARING: N/A
COMMENT DEADLINE: July 19, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Clifton Curtis, DOT, 16 State House Station, Augusta, Maine 04330. Telephone: (207) 624-3568. Email: Clifton.W.Curtis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS §2395; 23 MRS §§ 52, 4206
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOT RULEMAKING WEBSITE: https://www.maine.gov/mdot/rulemaking/ .
DOT WEBSITE: https://www.maine.gov/mdot/ .
DOT RULEMAKING LIAISON: Toni.Kemmerle@Maine.gov .

AGENCY: 18-691 – Department of Administrative and Financial Services (DAFS), Office of Marijuana Policy
CHAPTER NUMBER AND TITLE: Ch. 4, Marijuana Manufacturing Facilities
PROPOSED RULE NUMBER: 2019-P094
BRIEF SUMMARY: This rule is promulgated to establish standards and procedures related to manufacturing marijuana, marijuana concentrate, and marijuana products. This rule implements requirements of 22 MRS ch. 558-C, including a marijuana track and trace system, and establishes minimum standards for manufacturing marijuana and marijuana products for medical use, including requirements for facility registration, requirements for engaging in marijuana extraction using inherently hazardous substances, staff qualifications, and security and testing. This rule protects public health and assures safe practices related to marijuana manufacturing, requiring a level of competency of facility personnel and appropriate equipment to process and extract marijuana.
PUBLIC HEARING: Monday, July 8, 2019 - 8:00 a.m., Deering Building, 90 Blossom Lane, Room 101, Augusta, ME 04330
COMMENT DEADLINE: Thursday, July 18, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Gabi Pierce; Office of Marijuana Policy, 162 State House Station, Augusta, ME 04333, Telephone: (207) 624-7491. Fax: (207) 287-2671. Email: Gabi.Pierce@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: Title 22 ch. 558-C
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DAFS WEBSITE: www.maine.gov/dafs/ .
DAFS RULEMAKING LIAISON: Anya.Trundy@Maine.gov .

ADOPTIONS

AGENCY: 19-100 - Department of Economic and Community Development (DECD)
CHAPTER NUMBER AND TITLE: Ch. 100, Pine Tree Development Zone Program
ADOPTEDRULENUMBER: 2019-097
CONCISE SUMMARY: The Pine Tree Development Zone Program was established by the Legislature in 2003 and has been amended in 2005, 2009 and in 2018. The most recent amendment extended the program an additional three years and also made significant changes to the administrative and certification processes of the program. The Department of Economic and Community Development administers the program. This rule establishes criteria to determine eligibility for the Pine Tree Development Zone program, the process used by businesses to apply for certification and the requirements that must be met and maintained to claim benefits available to a certified business.
EFFECTIVE DATE: June 17, 2019
DECD CONTACT PERSON: Andrea K. Smith, Department of Economic and Community Development, 59 State House Station, Augusta ME 04333-0059. Telephone: (207) 624-9813. Email: Andrea.Smith@Maine.gov .
DECD WEBSITE: http://www.maine.gov/decd/ .
DECD RULEMAKING LIAISON: Douglas.Ray@Maine.gov .

AGENCY: 65-407 - Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 320 (New), Electric Transmission and Distribution Utility Service Standards
ADOPTED RULE NUMBER: 2019-098
CONCISE SUMMARY: The Public Utilities Commission finally adopts Ch. 320 regarding electric transmission and distribution (T&D) utility service as directed by the Legislature pursuant to recently enacted legislation, Resolves 2019 ch. 19.
EFFECTIVE DATE: July 14, 2019
PUC CONTACT PERSON / RULEMAKING LIAISON: Jamie A. Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
MPUC WEBSITE: http://www.maine.gov/mpuc/ .

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 90, Physician Services
ADOPTED RULE NUMBER: 2019-099 (Emergency)
CONCISE SUMMARY: This emergency rulemaking eliminates transsexual procedures from the list of non-covered services in Section 90.07. Elimination of this prohibition on transsexual medical procedures complies with Section 1557 of the Affordable Care Act (ACA) (Pub. L. 111-148, Title I, Sec. 1557), as codified in 42 USC Sec. 18116 and its enabling regulation, 45 CFR Part 92, which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities.
Pursuant to 5 MRS Section 8054, the Department has determined that immediate adoption of this rule is necessary to avoid an immediate threat to public health, safety, or general welfare by immediately removing the access barrier for transgender individuals that the current language creates. The Department is promptly following this emergency rulemaking with proposed rulemaking.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 18, 2019
OMS CONTACT PERSON: Anne E. Labonte, Comprehensive Health Planner II, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Anne.Labonte@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .