December 18, 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: 03-201 - Maine Department of Corrections (MDOC)
CHAPTER NUMBER AND TITLE: Ch.10 Subsection 20.2, Drug and Alcohol Testing
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P273
BRIEF SUMMARY: The primary reason this rule is being proposed for repeal and replacement is to create a policy that governs adult facility prisoners only, removing provisions from the current rule that apply to adults under community supervision, and also to update the current rule, which was adopted in 2002 and has not been revised since.
Copies of the proposed rule are available upon request by contacting the Department contact person or on the Department of Corrections website at https://www.maine.gov/corrections/PublicInterest/policies.shtml/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
DETAILED SUMMARY: If this proposal is adopted, the adult prisoner drug and alcohol testing policy will be updated in numerous respects, including, but not limited to, by adding definitions and other clarifying provisions. Also, the reasons for testing will be expanded to add testing upon intake; prior to transfer to a minimum security facility or minimum security housing unit; and being housed in a minimum security facility or minimum security housing unit. Reasons for testing set out in the current rule: random basis; condition of being in a substance abuse program; condition of being in a community program; and reasonable suspicion are retained. Further explanation will be added to what constitutes reasonable suspicion for testing. Provisions are added to describe the possible consequences of testing positive for a nonprescribed drug or for alcohol, testing negative for a prescribed drug prone to trafficking, refusing to submit to a test, tampering with a test, etc.
Regarding the testing process, provisions have been added that cross-reference the DOC’s policy on search of transgender and intersex prisoners; incorporate the new classes of disciplinary violations that relate to drug testing; and reflect the latest recommendations on providing water to prisoners who fail to produce a urine specimen immediately. Provisions are also added to encourage prisoners to admit the accuracy of test results. If prisoners do not admit the accuracy of urine results and there is no other evidence of drug or alcohol use, confirmation testing is now required. The alcohol breath testing process is also updated.
PUBLIC HEARING: January 6, 2020 at 2:00 p.m. in the Maine Department of Corrections Board Room in the Tyson Building (Third Floor), 25 Tyson Drive, Augusta, ME
COMMENT DEADLINE: January 16, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MDOC RULEMAKING LIAISON: Mary Lucia, Department of Correction, 111 State House Station, Augusta ME 04333. Telephone: (207) 287-4681. Fax: (207) 287-4370. Email: Mary.A.Lucia@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 34-A §§ 1402, 1403, 3032
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
MDOC WEBSITE: https://www.maine.gov/corrections/.

AGENCY: 01- 001 - Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 274, Rules for Growing Hemp
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P274
BRIEF SUMMARY: These rules establish the requirements for becoming licensed to grow hemp indoors and outdoors in Maine. They outline the application and licensing process, the fees involved and the procedures for monitoring the growth of hemp. They also include the potential penalties for violation of the rules.
This rule is being proposed to implement statutory changes that were required by Public Law ch. 528 including, a new indoor growing license and reporting requirements. It also redefines the allowable THC content for Cannabis sativa to qualify as hemp.
These rules establish the requirements for becoming licensed to grow hemp including fees, application and licensing processes, procedures for monitoring the growth of hemp and penalties for violation of the rules. The activities described in these rules may be considered a violation of federal law. Persons growing hemp may be subject to federal sanctions for what may otherwise be considered authorized conduct in the State of Maine and compliance with these rules does not exempt licensees from possible federal prosecution. The Department is not responsible or liable for the actions of hemp growers under these rules.
This rule will be administered by the Hemp Program, under the Horticulture Program in the APH division of the DACF. Public Law ch. 528 approved one full time program manager and one 7-month seasonal inspector position to help with implementation.
A copy of the rule can be obtained on the DACF Hemp Program website at https://www.maine.gov/dacf/php/hemp/index.shtml, by emailing Gary.Fish@Maine.gov, or by calling Gary Fish at (207) 287-7545.
PUBLIC HEARING: January 7, 2020 - 1:00 p.m. – 4:00 p.m., Room 101 Deering Building, 90 Blossom Lane, Augusta, ME
COMMENT DEADLINE: 5:00 p.m. January 20, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Gary Fish, State Horticulturist, DACF, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7545. Fax: (207) 287-7548. Email: Gary.Fish@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None expected
STATUTORY AUTHORITY FOR THIS RULE: 7 MRS ch. 406-A §2231
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DACF HEMP WEBSITE: https://www.maine.gov/dacf/php/hemp/index.shtml .
DACF WEBSITE: https://www.maine.gov/dacf/.
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov.

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 234, Lead Testing In School Drinking Water Rule
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2019-P275
BRIEF SUMMARY: The DHHS Maine CDC proposes this new rule to comply with 2019 PL ch. 158, An Act to Strengthen Testing for Lead in School Drinking Water, codified at 22 MRS §2604-B. The Act directs the Department to provisionally adopt a major substantive rule by January 10, 2020 and establish the following: drinking water testing protocols for lead in schools, a standard of lead in school drinking water, abatement and mitigation methods, as well as public notification and reporting protocols.
PUBLIC HEARING: Wednesday, January 8, 2020 - 11 a.m., DHHS-Maine CDC, 286 Water Street, Conference Room 12, Augusta, Maine 04333-0011
COMMENT DEADLINE: Saturday, January 18, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT: Andrew Hardy, DHHS – Maine CDC, 11 State House Station - 286 Water Street, Augusta, ME 04333-0011. Telephone: (207) 287-4490. Email: Andrew.Hardy@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §2604-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/.
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/.
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov.

AGENCY: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board
CHAPTER NUMBER AND TITLE: Ch. 502, Procedures Governing Administration of the Adaptive Equipment Loan Program Fund Board
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P276
BRIEF SUMMARY: The proposed rule amends Ch. 502, which sets the procedures for the Adaptive Equipment Loan Program Fund Board. A recent change in statute allows the Board to contract with a financial services provider which approves or denies loan applications, with a right to appeal to the Board. The proposed rule sets forth the process for such appeals. The proposed rule makes other clarifications and simplifications to the procedures of the Board.
PUBLIC HEARING: None
COMMENT DEADLINE: January 17, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Isaac H. Gingras, Department of Labor, 54 State House Station, Augusta, Maine 04333-0054. Telephone: (207) 626-6232. Email: Isaac.H.Gingras@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §374
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://mpowerloans.org/.
AGENCY RULEMAKING LIAISON: Eric.Dibner@Maine.gov.

AGENCIES: 02-373 - Board of Licensure in Medicine; 02-380 - State Board of Nursing; 02-383 - Board of Osteopathic Licensure; 02-396 - Board of Licensure of Podiatric Medicine
CHAPTER NUMBER AND TITLE: Ch. 21, Use of Controlled Substances for Treatment of Pain
TYPE OF RULE:  Routine Technical
PROPOSED RULE NUMBERS: 2019-P277, P278, P279, P280
BRIEF SUMMARY: The Board of Licensure in Medicine, State Board of Nursing and Board of Osteopathic Licensure propose amendments to a joint rule regarding the use of controlled substances for treatment of pain. The Board of Licensure of Podiatric Medicine, which adopted the same rule at a later date, will become a party to the amended joint rule which shall supersede the prior Board of Licensure of Podiatric Medicine rule upon final adoption. The proposed amendments: add a table of contents to make the rule easier to use; add new definitions for “hospice services” and “terminally ill”; add section three, applicability of rule, to clarify that the rule does not apply to treatment of inpatients at medical facilities or any custodial care facility where patients do not have possession or control over their medications and medications are dispensed or administered by a licensed, certified, or registered health care provider, or to the treatment of patients who are terminally ill and who are receiving hospice services as defined by this rule; provide clarification by merging the sections for exemptions to dosage limits with exemptions to days’ supply; provide clarification regarding the use of the CDC Guidelines for prescribing opioids for chronic pain; and incorporate existing continuing medical education requirements for podiatrists.
PUBLIC HEARING: None planned. Requests to hold a public hearing by any interested person may be submitted in writing to the identified agency contact person.
COMMENT DEADLINE: Friday, January 17, 2020 at 4:30 p.m.
CONTACT PERSONS FOR THESE FILINGS / SMALL BUSINESS IMPACT INFORMATION:
Dennis E. Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333-0137. Telephone: (207) 287-3605. Fax (207) 287-6590. Email: Dennis.E.Smith@Maine.gov.
Kimberly S. Esquibel, Executive Director, State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1148. Fax: (207) 287-1149. Email: Kim.Esquibel@Maine.gov.
Susan E. Strout, Executive Secretary, Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333-0142 Telephone: (207) 287-2480. Fax: (207) 536-5811. Email: Susan.E.Strout@Maine.gov.
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 THESE RULES: 32 MRS §§ 3269(3),(7), 3300-F (Board of Licensure in Medicine); 32 MRS §§ 2102(2-A), 2153-A(1), 2210 (State Board of Nursing); 32 MRS §§ 2562, 2600-C (Board of Osteopathic Licensure); 32 MRS §§ 3605-B, 3657 (Board of Licensure of Podiatric Medicine)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITES: www.maine.gov/md (Board of Licensure in Medicine); www.maine.gov/boardofnursing (State Board of Nursing); www.maine.gov/osteo (Board of Osteopathic Licensure); http://www.maine.gov/pfr/professionallicensing/professions/podiatrists/index.html (Board of Licensure of Podiatric Medicine).
EMAILS FOR OVERALL AGENCY RULEMAKING LIAISONS: Maureen.S.Lathrop@Maine.gov (Board of Licensure in Medicine) ;Virginia.E.deLorimier@Maine.gov (State Board of Nursing); Susan.E.Strout@Maine.gov (Board of Osteopathic Licensure); Anne.L.Head@Maine.gov (Board of Licensure of Podiatric Medicine).

AGENCIES: 02-373 - Board of Licensure in Medicine; 02-380 - State Board of Nursing; 02-383 - Board of Osteopathic Licensure
CHAPTER NUMBER AND TITLE: Ch. 12, Joint Rule Regarding Office Based Treatment of Opioid Use Disorder
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBERS: 2019-P281, P282, P283
BRIEF SUMMARY: The Board of Licensure in Medicine, State Board of Nursing and Board of Osteopathic Licensure propose a joint rule to ensure safe and adequate treatment of opioid use disorder with approved medications in an outpatient medical setting. As originally proposed, the joint rule: defines terms; establishes minimum requirements for qualified clinicians to prescribe, and in limited circumstances, dispense approved medications to individuals requiring and seeking treatment for opioid use disorder; establishes requirements for prescriptions for approved medications; establishes principles for proper office based treatment for opioid use disorder; establishes requirements for clinical care and management; and establishes additional requirements for pregnant patients and adolescent patients.
Following receipt of written comments, the Boards made substantive changes to the proposed rule by amending the definition of “office based opioid treatment (OBOT)” to clarify that it does not include administration of buprenorphine in an emergency department, amending section two to add language regarding evaluation of allegations of inappropriate OBOT, and adding a definition for “telemedicine” and section six regarding telemedicine practice.
PUBLIC HEARING: None planned. Requests to hold a public hearing by any interested person may be submitted in writing to the identified agency contact person.
COMMENT DEADLINE: Friday, January 17, 2020 at 4:30 p.m.
CONTACT PERSONS FOR THESE FILINGS / SMALL BUSINESS IMPACT INFORMATION::
Dennis E. Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333-0137. Telephone: (207) 287-3605. Fax: (207) 287-6590. Email: Dennis.E.Smith@Maine.gov.
Kim Esquibel, Executive Director, State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1148. Fax: (207) 287-1149. Email: Kim.Esquibel@Maine.gov.
Susan E. Stout, Executive Secretary, Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333-0142; Telephone: (207) 287-2480. Fax: (207) 536-5811. Email: Susan.E.Strout@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 3269(3), (7), 3300-F (Board of Licensure in Medicine); 32 MRS §§ 2102(2-A), 2153-A(1), 2210 (State Board of Nursing); 32 MRS §§ 2562, 2600-C (Board of Osteopathic Licensure)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITES: www.maine.gov/md (Board of Licensure in Medicine); www.maine.gov/boardofnursing (State Board of Nursing) ;www.maine.gov/osteo (Board of Osteopathic Licensure)
EMAILS FOR OVERALL AGENCY RULEMAKING LIAISONS: Maureen.S.Lathrop@Maine.gov (Board of Licensure in Medicine); Virginia.E.deLorimier@Maine.gov (State Board of Nursing); Susan.E.Strout@Maine.gov (Board of Osteopathic Licensure)

ADOPTIONS

AGENCY: 02-032 - Department of Professional and Financial Regulation (PFR), Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 504, Broker-Dealer and Agent Licensing
ADOPTED RULE NUMBER: 2019-221
CONCISE SUMMARY: The amendments update references to FINRA's examination program to maintain accuracy after recent program updates and make it a dishonest and unethical practice for a Broker-Dealer or Agent to use a client's unique identifying information to access a client's account. The text of the amended rule can be found at the Office's website: www.investors.maine.gov.
EFFECTIVE DATE: December 14, 2019
AGENCY CONTACT PERSON: Judith M. Shaw, Administrator, Office of Securities, 121 State House Station, Augusta, ME 04333-0121. Telephone: (207) 624-8551. Email: Judith.M.Shaw@Maine.gov.
OFFICE WEBSITE: http://www.maine.gov/pfr/securities/index.shtml.
OFFICE RULEMAKING LIAISON: Karla.Black@Maine.gov.

AGENCY: 02-032 - Department of Professional and Financial Regulation (PFR), Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 515, Investment Adviser Licensing
ADOPTED RULE NUMBER: 2019-222
CONCISE SUMMARY: The amendments update references to FINRA's examination program to maintain accuracy after recent program updates and make it a dishonest and unethical practice for an Investment Adviser or Investment Adviser Representative to use a client's unique identifying information to access a client's account. The text of the amended rule can be found at the Office's website: www.investors.maine.gov.
EFFECTIVE DATE: December 14, 2019
AGENCY CONTACT PERSON: Judith M. Shaw, Administrator, Office of Securities, 121 State House Station, Augusta, ME 04333-0121. Telephone: (207) 624-8551. Email: Judith.M.Shaw@Maine.gov.
OFFICE WEBSITE: http://www.maine.gov/pfr/securities/index.shtml.
OFFICE RULEMAKING LIAISON: Karla.Black@Maine.gov.

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Closures: (8) Moosabec Reach
ADOPTED RULE NUMBER: 2019-223
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to establish a scallop conservation closure in Moosabec Reach within the Chandler Bay/Head Harbor Island Rotational Area in Zone 2. The Department is concerned that continued harvesting for the remainder of the 2019-2020 fishing season in this area will reduce scallop broodstock further, as well as jeopardize sublegal scallop abundance that was observed in the 2019 Spring Scallop survey that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource. An immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource in the Moosabec Reach area.
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: December 8, 2019
DMR CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov.
WEB SITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 18-691 - Department of Administrative and Financial Services (DAFS), Office of Marijuana Policy (OMP)
CHAPTER NUMBER AND TITLE: Ch. 5, Certification of Marijuana Testing Facilities
ADOPTED RULE NUMBER: 2019-224
CONCISE SUMMARY: This rule provides marijuana testing facilities with the minimum requirements regarding the qualifications, education, and training for marijuana testing facility personnel and staff; sets detection limits and identifies the equipment necessary to conduct mandatory testing of marijuana and marijuana products; identifies other requirements for a marijuana testing facility to become certified to operate as a marijuana testing facility by the Maine Center for Disease Control and Prevention (CDC); and further clarifies the effect of certification in the overall licensure process for marijuana testing facilities. The rule also clarifies the disciplinary actions available to the Maine CDC and administrative remedies available to marijuana testing facilities regarding certification of marijuana testing facilities.
EFFECTIVE DATE: December 16, 2019
OMP CONTACT PERSON / RULEMAKING LIAISON: Gabrielle Berube Pierce, Office of Marijuana Policy, 162 State House Station, Augusta, ME 04330. Telephone: (207) 530-0507. Email: Gabi.Pierce@Maine.gov
OMP WEBSITE: https://www.maine.gov/dafs/services/marijuana/.

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS), Board of Occupational Safety and Health (BOSH)
CHAPTER NUMBER AND TITLE: Ch. 6, Recording Occupational Injuries and Illnesses in the Public Sector
ADOPTED RULE NUMBER: 2019-225
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference rules governing the recording of occupational injuries and illnesses as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1904, amended as of September 5, 2019. This rescinds the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. These establishments will continue to be required to maintain those records on-site.
EFFECTIVE DATE: December 15, 2019
DOL CONTACT PERSON / RULEMAKING LIAISON: Isaac H. Gingras, Department of Labor, 54 State House Station – 45 Commerce Drive, Augusta, ME 04333. Telephone: (207) 626-6232. Email: Isaac.H.Gingras@Maine.gov.
BLS WEBSITE: https://www.maine.gov/labor/bls/index.shtml.

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 610, Rules for the Conduct of the Educators of Maine Program, Amendment 5
ADOPTED RULE NUMBER: 2019-226
CONCISE SUMMARY: The rule amendments conform the rule to certain provisions of PL 2019 ch. 303, "An Act to Amend the Laws Governing the Educators for Maine Program". The Act (a) permits the Authority to increase the amount of loans to undergraduate and post-baccalaureate students as funds permit; (b) modifies the definitions of teachers and schools where borrowers may be employed for loan forgiveness; and (c) allows employment as a teacher in an underserved geographic area to qualify for loan forgiveness.
EFFECTIVE DATE: December 15, 2019
FAME CONTACT PERSON: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949 - 5 Community Drive, Augusta, ME 04332-0949. Telephone: (207) 623-3263 x3515. Email: kgabrielson@famemaine.com.
FAME WEBSITE: https://www.famemaine.com/.
FAME RULEMAKING LIAISON: CRoney@FameMaine.com.

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 612, Maine Dental Education Loan and Loan Repayment Programs, Amendment 4
ADOPTED RULE NUMBER: 2019-227
CONCISE SUMMARY: The rule amendments conform the rule to PL 2019 ch. 102, "An Act to Amend the Maine Dental Education Loan Program", which repealed the Advisory Committee on Dental Education, modified the definition of "underserved population area", increased the amounts available (beginning in 2020) to students for loans and to practicing dentists for loan repayment, and modified certain eligibility requirements to receive a loan repayment agreement or loan forgiveness. In addition, the rule amendments modify the criteria applicable to prioritizing applications received for a loan repayment agreement and clarify how the Authority determines financial need.
EFFECTIVE DATE: December 15, 2019
FAME CONTACT PERSON: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949 - 5 Community Drive, Augusta, ME 04332-0949. Telephone: (207) 623-3263 x3515. Email: kgabrielson@famemaine.com.
FAME WEBSITE: https://www.famemaine.com/.
FAME RULEMAKING LIAISON: CRoney@FameMaine.com.

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual: Section 7 (New), Abortion Services for MaineCare Services
ADOPTED RULE NUMBER: 2019-228
CONCISE SUMMARY: The Department adopts this final rule which implements PL 2019 ch. 274, An Act to Prevent Discrimination in Public and Private Insurance Coverage for Pregnant Women in Maine (the “Act”), which requires state-funded coverage for abortion services to MaineCare members when those services are not covered by Medicaid.
Federal law limits Medicaid reimbursement to those abortions necessary to protect the life of the mother, or when the pregnancy results from rape or incest (the “Hyde Exceptions.”). See, e.g., 42 CFR §§ 441.200-441.208; 10-144 CMR ch. 101 (the “MaineCare Benefits Manual”), Ch. II Sec. 90.05-2 (MaineCare rule implementing Hyde Exceptions). The Act requires that, for MaineCare eligible women, abortion services that are outside the Hyde Exceptions (i.e., not covered Medicaid services) must be funded separately by using state funds within existing resources. The Legislature appropriated from the General Fund approximately $227,546 and $375,843, respectively, for the next two fiscal years to provide these new state only funded abortion services. See the Act Sec. 10 (appropriations and allocations). The Department requires providers to identify state-funded abortion services when submitting claims for reimbursement of state-funded abortion services. This allows the Department to distinguish the state-funded abortion claims from those that are covered under the Hyde Exceptions, in order to maintain compliance with federal Medicaid restrictions and requirements for reimbursement.
Pursuant to the Act, the Legislature provided the Department with rulemaking authority to implement these services on an emergency basis, per 5 MRS §8054. The Department filed the emergency rule on September 19, 2019. This routine technical rulemaking permanently adopts the rule.
The Department modified the final rule in Section 7.05, “Covered Services”, subsections A and D by changing the term “physician” to “Health Care Professional” to comply with PL 2019 ch. 262, as codified in 22 MRS §1596, which broadened the Maine abortion law to include physician assistants and advanced practice registered nurses as qualified professionals authorized to perform abortions.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 17, 2019
OMS CONTACT PERSON: Anne E. Labonte, Comprehensive Health Planner II, Division of Policy, 109 Capitol Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-6106. 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.

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual: Rule #MC291A (SBW Premium Rule): Chart 3.8, Premiums for Special Benefits Waiver [Maine Section 1115 Health Care Reform Demonstration for Individuals with HIV/AIDS]
ADOPTED RULE NUMBER: 2019-229
CONCISE SUMMARY: The proposed increase of monthly premiums, required under certain circumstances for enrollment in the Special Benefits Waiver (SBW) program, is necessary to comply with the waiver agreement (Maine Section 1115 Health Care Reform Demonstration for Individuals with HIV/AIDS, Part V, Paragraph 21) between The Department of Health and Human Services (DHHS) and The Centers for Medicare and Medicaid Services (CMS). Premium amounts for calendar year 2019 through calendar year 2028 have been negotiated between the Office of MaineCare Services (OMS) and CMS.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2020
OFI CONTACT PERSON: Esther Bullard, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 109 Capitol Street, Augusta, ME 04330-6841. Telephone: (207) 624-4178. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Esther.Bullard@Maine.gov.
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 324, Small Generator Interconnection Procedures
ADOPTED RULE NUMBER: 2019-230 (Emergency)
CONCISE SUMMARY: The Public Utilities Commission amends its Small Generator Interconnection Procedures rule (Ch. 324) pursuant to emergency rulemaking procedures set forth in 5 MRS §8054. The purpose of the amendments is to ensure the timeliness of the small generator interconnection process under Ch. 324 as directed by the Legislature through “An Act to Promote Solar Energy Projects and Distributed Generation Resources in Maine”, Public Law 2019 ch. 478 (the Act). The emergency amendments to the rules are the result of a consensus reached among both investor-owned transmission and distribution (T&D) utilities and distributed generation developers. Accordingly, the Commission will complete a rulemaking process regarding Ch. 324 within that timeframe.
EFFECTIVE DATE: December 11, 2019
MPUC CONTACT PERSON / RULEMAKING LIAISON: Jamie 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: 99-650 - Combat Sports Authority of Maine (CSAM)
CHAPTER NUMBER AND TITLE: Part 1, Mixed Martial Arts: Ch. 1 thru 11
ADOPTED RULE NUMBER: 2019-231 to 241
CONCISE SUMMARY: The Authority has determined that amendments to these routine technical rules are necessary to correct certain errors, ambiguities, and omissions; to ensure internal consistency; and, to ensure compliance with current governing law and generally accepted practices. The amendments strengthen requirements for certification of fighters and promoters, procedures for medical assessments of fighters, and regulation of fighters’ use of performance-enhancing and other prohibited substances. This rulemaking does not include changes to any fees due for certification of participants.
EFFECTIVE DATE: December 16, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Hal Pierce, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525, Portland, ME 04104. Telephone: (207) 712-6615. Email: combatsportsmaine@yahoo.com.
CSAM WEBSITE: https://www.mainecombatsports.com/.