October 16, 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: 99-639 - ConnectME Authority
CHAPTER NUMBER AND TITLE: Ch. 101, ConnectME Authority
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P189
BRIEF SUMMARY: PL 2019 ch. 343 part SSSS directed the ConnectME Authority to add an additional surcharge of 10 cents per line or number to fund the ConnectME Fund. This rule implements that statute.
DETAILED SUMMARY: PL 2019 ch. 343 part SSSS directed the ConnectME Authority to add an additional surcharge of 10 cents per line or number to fund the ConnectME fund and to plainly identify the surcharge on a bill. This rule amends Section 7 of the ConnectME rule to implement that statute.
PUBLIC HEARING: N/A
COMMENT DEADLINE: November 15, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Peggy Schaffer, Executive Director, ConnectME Authority, 59 State House Station, Augusta, ME 04330-0059. Telephone: (207) 624-9807. Email: Peggy.Schaffer@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 35-MRS ch. 93
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
CONNECTME WEBSITE: www.maine.gov/connectme/.

AGENCY: 02-313 - Maine Board of Dental Practice (affiliated with the Department of Professional and Financial Regulation)
CHAPTER NUMBERS AND TITLES:
Ch. 1, “Definitions” repealed and replaced with new chapter “Definitions.”
Ch. 2, “Rules Relating to Dental Hygienists” repealed and replaced with new chapter “Qualifications for Dental Hygienist Licensure and Dental Hygienist Practice Authorities.”
Ch. 3, “Rules Relating to Dental Assistants” repealed and replaced with new chapter “Qualifications for Expanded Function Dental Assistant Licensure.”
Ch. 4, “Rules Relating to the Practice of Denturism” repealed and replaced with new chapter “Qualifications for Dental Radiography Licensure.”
Ch. 5, “Requirements for Licensure as a Denturist” repealed and replaced with new chapter “Qualifications for Denturist Licensure.”
Ch. 6, “Rules for Radiation Barriers” repealed and replaced with new chapter “Qualifications for Dentist Licensure.”
Ch. 8, “Advertising” repealed and replaced with new chapter “Qualifications for Initial and Renewal Registrations.”
Ch. 9, “Complaints/Investigations/Unprofessional Conduct” repealed and replaced with new chapter “Unprofessional Conduct.”
Ch. 10, “Licensure Requirements for Dental Radiographers” repealed and replaced with new chapter “Sexual Misconduct.”
Ch. 11, “Requirements for Licensure as Dental Hygienists” repealed and replaced with new chapter “Qualifications for Licensure by Endorsement; Requirements for Renewal, Late Renewal, and Reinstatement of Licensure and Authorities.”
Ch. 12, “Requirements for Dental Licensure” repealed and replaced with new chapter “Practice Requirements.”
Ch. 15, “Mortality or Significant Health Incidents in a Dental Office” repealed.
Ch. 16, “Rules for Independent Practice Dental Hygienists to Process Dental Radiographers” repealed.
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBERS: 2019-P190 thru P212
BRIEF SUMMARY: This rulemaking effort is a repeal and replace of several, existing rules governing the practice of dental professionals regulated under the Maine Dental Practice Act. In 2016, the Maine Dental Practice Act was repealed and replaced resulting in the streamlining of licensure categories, licensure qualifications, dental hygiene practice authorities, and the identification of scopes of practice for each regulated dental professional. In 2018 and 2019, the Maine Dental Practice Act was further amended to clarify licensure categories, scopes of practice and the qualifications to practice dental therapy.
This rulemaking effort repeals outdated rules and replaces the rules to align with the new statutory provisions to clarify the qualifications for licensure and registration, identify the requirements to renew and reinstate a license and practice authority, and identifies practice requirements of dental professionals to ensure public protection in areas such as infection control, radiation protection, safety and sanitary requirements, emergency protocols, dental adverse occurrence reporting, inventory control for controlled substances, patient records and recordkeeping requirements, informed consent provisions, practice and sale notification requirements, use of certain materials, lasers and digital equipment, after hours patient care and placement of temporary restorations without and without the use of dental radiographs.
PUBLIC HEARING: November 8, 2019 at 2:00 p.m.; Maine Board of Dental Practice, Conference Room, 161 Capitol Street, Augusta, ME
COMMENT DEADLINE: November 22, 2019 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Penny Vaillancourt, 143 State House Station, Augusta, ME 04333. Telephone: (207) 287-3333. Email: Penny.Vaillancourt@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 18324, 18325(1), 18341, 18342, 18343, 18344, 18345, 18346, 18347, 18348, 18349, 18350, 18371, 18372, 18373, 18374, 18375, 18376, 18377, 18378, 18379, 18393; 10 MRS §8003(5)(G)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: www.maine.gov/dental/.

AGENCY: 16-163 - Department of Public Safety (DPS), Maine Emergency Medical Services (EMS)
CHAPTER NUMBERS AND TITLES: Ch. 1-18 (see below)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBERS: 2019-P213 thru P234
BRIEF SUMMARY: Over the past several years the Maine EMS board conducted a systematic review of the Maine EMS rules. These proposed changes include updates to language in the following chapters:
Ch. 1, Mission and Goals of the Maine EMS System
Ch. 2, Definitions
Ch. 3, Ground Ambulance Service and Non-transporting Service Licenses
Ch. 3-A, Emergency Medical Dispatch Center Licenses
Ch. 4, Air Ambulance Service Licenses
Ch. 5, Personnel Licenses
Ch. 5-A, Emergency Medical Dispatcher Licenses
Ch. 6, Advanced Life Support Drugs and Medications
Ch. 7, State Licensure Examinations
Ch. 8, Training Courses and Continuing Education Programs Used for Licensure
Ch. 8-A, Training Centers
Ch. 9, Instructor Coordinator Licenses
Ch. 9-A, Emergency Medical Dispatch Training, Instructors, and Continuing Education Programs
Ch. 10, Reciprocity
Ch. 11, Standards And Procedures for Refusing to Issue or Renew a License, and for Modifying, Suspending, or Revoking A License
Ch. 12, Procedures for Licensing Actions and Board Actions
Ch. 13, Waiver of the Rules
Ch. 14, Sexual Misconduct
Ch. 15, Maine EMS Regions and Regional Councils
Ch. 16, Death Benefits for Emergency Medical Services Persons Who Die in the Line of Duty
Ch. 17, Equipment Lists for Maine EMS Services and Regional EMS Radio Frequencies
Ch. 18, Quality Assurance and Improvement
PUBLIC HEARINGS: The hearing sessions for these rules will be held as follows:
Portland: Monday, November 4, 2019 - 4:30 p.m., Maine Medical Center - Dana Center Auditorium, 66 Bramhall Street (Region 1)
Presque Isle: Monday, November 4, 2019 - 4:00 p.m., Northern Light A.R. Gould – The Aroostook Medical Center – McCain B Conference Room, 150 Academy Street (Region 5)
Lewiston: Tuesday, November 5, 2019 - 4:00 p.m., Central Maine Medical Center –Conference Rooms A, B & C, 12 High Street (Region 2)
Bangor: Tuesday, November 5, 2019 - 4:00 p.m., Eastern Maine Community College – Rangeley Hall, 268 Sylvan Road (Region 4)
Augusta: Wednesday, November 6, 2019 - 4:00 p.m., Maine EMS Office - DeChamplain Conference Room, 45 Commerce Drive (Region 3)
Rockport: Friday, November 8, 2019 - 6:00 p.m., Samoset Resort - 220 Warrenton Street (Region 6)
COMMENT DEADLINE: Tuesday, November 19, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / EMS RULEMAKING LIAISON: Jason A. Oko, Maine EMS, 152 State House Station, Augusta, ME 04333-0152. Direct: (207) 626-3863. Fax: (207) 287-6251. TTY: (207) 287-3659. Email: Jason.A.Oko@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: 

  • The litter retention systems referenced in Ch. 3 will be approximately $5,000/ambulance. This is a requirement only for new ambulances licensed after these rules are in effect. It will not require agencies to upgrade existing litter retention systems. In 2018, Maine EMS issued 37 New Vehicle Applications. There are 161 Ground Ambulance Services licensed by Maine EMS, with 512 licensed vehicles.
  • Ground Ambulance Service and Non-Transporting Service applicants that are applying at or permitting to the Advanced EMT, or Paramedic level, must have a service-specific Medical Director.
  • In Ch. 3-A, an Emergency Medical Dispatch Center is now required to have the electronic version of the EMD Protocol, there are costs associated with this, however, there is currently no licensed EMD center in the State of Maine that does not comply with this already.
  • Ch. 17 is the required equipment chapter; potential financial impact exists in this chapter where Maine EMS has clarified the equipment list.
    • The count of required nasal airways has gone from four to seven
    • The count of required oral airways has gone from four to eight
      • These above devices have been added to the rules, most if not, all services already comply with these requirements, as an example, our previous requirements of Oral airway, adult small, is not a size that is available on the market
    • A Bougie has been added for Paramedic level services and air ambulance services
    • CPAP devices have been added to the AEMT, Paramedic and Air Ambulance service levels
    • Gastric Tubes have been added to the Paramedic and air ambulance services
    • A Mucosal Atomization device has been added for all levels
    • Hemostatic Agents have been added for all levels
    • Tourniquets have been added for all levels
    • Medication Pumps have been added for Paramedic and Air Ambulance Services
      • These items are additions from the MDPB Approved equipment list and the Maine EMS Protocols, these items are already a part of every ambulance service in the state, adding them to rule is a formality.

STATUTORY AUTHORITY FOR THIS RULE: 32 MRS ch. 2-B §88 (2-B)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
EMS WEBSITE: https://www.maine.gov/ems/.

AGENCY: 16-219 - Department of Public Safety (DPS), Office of the Commissioner
CHAPTER NUMBER AND TITLE: Ch. 70, Regulation Establishing Critical Incident Stress Management Team Training Standards
PROPOSED RULE NUMBER: 2019-P235
BRIEF SUMMARY: The principal reason for proposing this amendment to the existing regulation is to ensure that the regulation is consistent with the statutes amended by PL 2019 c. 89, An Act To Amend the Laws Governing Critical Incident Stress Management Teams.
PUBLIC HEARING: No public hearing will be held.
COMMENT DEADLINE: November 25, 2019 – 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DPS RULEMAKING LIAISON: Christopher Parr, Maine State Police, 45 Commerce Drive - Suite 1, Augusta, ME 04333-0042. Telephone: (207) 624-7200. Fax: (207) 287-3042. (TTY) (207) 287-3659. Email: Christopher.Parr@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS §4201(2), (1-A), (1-B)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DPS MSP RULES WEBSITE: http://www.maine.gov/dps/msp/regulations/index.html.
MSP WEBSITE: http://www.maine.gov/dps/msp/.
DPS WEBSITE: http://www.maine.gov/dps/.

ADOPTIONS: none