December 25, 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: 02-313 - Maine Board of Dental Practice (affiliated with the Department of Professional and Financial Regulation)
CHAPTER NUMBERS AND TITLES:
Ch. 2, Qualifications for Dental Hygienist Licensure and Dental Hygienist Practice Authorities: Section VII(C), "Specific Qualifications for the Administration of Local Anesthesia Authority"
Ch. 2 (same): Section VIII(C), "Specific Qualifications for the Administration of Nitrous Oxide Analgesia Authority"
Ch. 11, Qualifications for Licensure by Endorsement; Requirements for Renewal, Late Renewal, and Reinstatement of Licensure and Authorities: Section II, "Specific Qualifications for Licensure by Endorsement: Applicants Authorized to Practice in Another Jurisdiction"
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P192, P208 (2nd publication)
BRIEF SUMMARY: At its December 6, 2019 meeting, the Board of Dental Practice reviewed and accepted public comments to its proposed rulemaking packet as noted below:
Ch. 2: Amend the qualifications for local anesthesia and nitrous oxide analgesia authorities to clarify that the Board will consider either an examination approved by the Board, or an examination as part of a course approved by the Board. This language reflects current board practice in qualifying candidates.
Ch. 11: Amend the rule to include the Board's authority to consider an equivalent education in meeting the educational requirements for licensure by endorsement.
PUBLIC HEARING: Not applicable.
COMMENT DEADLINE: January 25, 2020 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Penny Vaillancourt, 143 State House Station, Augusta, ME 04333. Telephone: (207) 287-3333. Email: Penny.Vaillancourt@Maine.gov.
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different):
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 BENG IMPLEMENTED (if different):
BOARD WEBSITE: www.maine.gov/dental.

AGENCY: 94-293 - Baxter State Park Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Baxter State Park Rules and Regulations
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-284
BRIEF SUMMARY: Revising rule Section 4, “Resource Protection and Wilderness Preservation”, to provide enforceable requirements for Baxter State Park visitors to properly store food, garbage, and scented items in a bear-safe manner.
Current Text: Rule 4.5: “All trash, rubbish, litter, camping gear, equipment, and materials carried into the Park must be carried out of the Park. No trash, rubbish, or litter shall be deposited in any type of vaulted or unvaulted toilet.”
Proposed Text: Rule 4.5: “All trash, rubbish, litter, camping gear, equipment, and materials carried into the Park must be carried out of the Park. No trash, rubbish, or litter shall be deposited in any type of vaulted or unvaulted toilet. All unattended food, garbage, and scented items shall be securely stowed in a vehicle, suspended on a bear hang, or enclosed in a bear-proof container.”
PUBLIC HEARING: none scheduled
COMMENT DEADLINE: Friday, January 24, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AUTHORITY RULEMAKING LIAISON: Georgia Manzo, Park Secretary, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462. Telephone: (207) 723-9616 x222. Email: Georgia.Manzo@baxterstatepark.org. Fax: (207) 723-6381. TTY: (207) 723-4419.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: Baxter State Park Authority, Pursuant to 12 MRS §903.1
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PARK WEBSITE: https://baxterstatepark.org

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 8, Landings Program (Aquaculture Reporting)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P285
BRIEF SUMMARY: This proposed rule would create a trip-level monthly reporting requirement for persons holding an aquaculture license and growing any species other than finfish on an aquaculture lease or license site. Currently these individuals report annually to the DMR Aquaculture Program. This rule would change this reporting requirement to a standardized trip-level monthly report to the DMR Landings Program, consistent with harvester reporting in other Maine fisheries. The data elements for the monthly reporting requirement are specified in the proposed rule.
PUBLIC HEARINGS:
Augusta: January 13, 2020 - 5:30 p.m., DMR Offices, Room 118 - Marquardt Building, 32 Blossom Lane
Ellsworth: January 15, 2020 - 5:30 p.m., Ellsworth City Hall
Snow date scheduled for January 17, 2020 - 2:30 p.m., DMR Offices, Room 118 - Marquardt Building, 32 Blossom Lane, Augusta, ME
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: January 27, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: dmr.rulemaking@maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/.
DMR WEBSITE: http://www.maine.gov/dmr/.
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov.

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 5,  State Owned Wildlife Management Areas, Shooting Ranges and Boat Launch Facilities
ADOPTED RULE NUMBER: 2019-242
CONCISE SUMMARY: In accordance with 12 MRS §12701 sub-§5, the Commissioner has adopted rules regulating public use of Department owned or maintained boat launch facility sites. The rule will provide the Department and public clear guidance on how water access facilities can be utilized. Types of use such as swimming, parking, discharging of waste, fires and camping are clarified to provide the Department and law enforcement the ability to ensure public safety. A complete copy of the rule is available from the contact person listed below.
EFFECTIVE DATE: December 22, 2019
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov.

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
ADOPTED RULE NUMBER: 2019-243
CONCISE SUMMARY: This rule is promulgated to comply with Maine statute 22 MRS §3769-C(l)(D), which requires the Department to increase the Temporary Assistance for Needy Families (TANF) maximum benefit on an annual basis by the amount of the cost of living allowance as determined by the Social Security Administration. The statute also requires the Department to make a related increase to the standard of need, provided the funds are available.
See http://www.maine.gov/dhhs/ofi/rules/index.shtmlfor rules and related rulemaking documents.
EFFECTIVE DATE: December 30, 2019
OFI CONTACT PERSON: Alexandria Lauritzen, TANF Program Manager, Department of Health & Human Services - Office for Family Independence, 109 Capitol Street – 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 624-4109. Fax: (207) 287-3455. TT Users Call Maine Relay- 711. Email: Alexandria.Lauritzen@Maine.gov.
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/.
DHHS WEBSITE: http://www.maine.gov/dhhs/ .
OFI RULEMAKING LIAISON: Dan.Cohen@Maine.gov.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.

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
ADOPTED RULE NUMBER: 2019-244
.CONCISE 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 ch. 89, An Act To Amend the Laws Governing Critical Incident Stress Management Teams
EFFECTIVE DATE: December 25, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Christopher Parr, Department of Public Safety - Maine State Police, 45 Commerce Drive, Suite 1 - 42 State House Station, Augusta, ME 04333-0042. Telephone: (207) 624-7205. Email: Christopher.Parr@Maine.gov.
DPS WEBSITE: http://www.maine.gov/dps/ .

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
ADOPTED RULE NUMBER: 2019-245
BRIEF SUMMARY: These changes contain deletions that result from converting from the International Classification of Disease (ICD-9-CM) to ICD 10-CM edition Coding Manual. Adding elements that are in the current national standards which will enhance the quality of MHDO data for those using the data for analysis. Lastly, several of the changes align with the national standards. Copies of these proposed rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
IMPACT ON MUNICIPALITIES OR COUNTIES. This rule will not have a fiscal impact on municipalities, counties or small businesses.
EFFECTIVE DATE: December 22, 2019
MHDO PERSON: Karynlee Harrington, Executive Director, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6722. Email: Karynlee.Harrington@Maine.gov.
MHDO WEBSITE: https://mhdo.maine.gov/.

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
ADOPTED RULE NUMBER: 2019-246
CONCISE SUMMARY: This rule change will add data fields for the Plan Begin Date (Member Effective Date) and Plan End Date (Member Cancellation Date), which will be used as an internal check for calculating member months. Also, field length for Type of Bill is increased to capture the billing frequency, the fields for Date of Service - From and Date of Service - Thru are remapped to the ASC X12N 837, and the specifications for several quantity and currency fields are clarified.
Copies of these proposed rules can be reviewed and printed from the MHDO website at: https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
This rule is not expected to have any adverse economic impact on small businesses.
EFFECTIVE DATE: December 22, 2019
MHDO PERSON: Karynlee Harrington, Executive Director, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6722. Email: Karynlee.Harrington@Maine.gov.
MHDO WEBSITE: https://mhdo.maine.gov/.

AGENCY: 02-280 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Accountancy
CHAPTER NUMBERS AND TITLES:
Ch. 1, Definitions (amended)
Ch. 2, Advisory Rulings (amended)
Ch. 3, Examination Requirements (amended)
Ch. 5, Certified Public Accountant License Requirements (amended)
Ch. 6, Accounting Firm License Requirements (amended)
ADOPTED RULE NUMBERS: 2019-247 to 251
CONCISE SUMMARY: The adopted rules: (a) eliminate definitions of terms no longer used and new definitions of terms are added; (b) delete an unnecessary citation to 5 MRS §9001; (c) eliminate provisions in examination requirements that is now administered by a third party, rather than the board, and add a provision to eliminate testing windows in the administration of the Uniform CPA examination; (d) remove the summaries from Ch. 4 entitled “Application for Certificate” and Ch. 7 entitled “Complaints, Investigation and Adjudicatory Hearings” which were inadvertently left in when the chapters were repealed effective October 27, 2010 by rulemaking filing 2010-516; (e) repeal a provision that allowed nonpublic accounting work to be credited toward licensure; (f) add a requirement that supervising CPAs verify work experience of CPA applicants; (g) create a consolidated license renewal date for all licenses; (h) modify language in which continuing education is measured; (i) add clarifying language allowing an applicant who holds an active CPA license in certain countries eligible for a Maine license, and (j) add clarifying language on the timing of when firms need to submit peer review reports.
EFFECTIVE DATE: The effective date of the adopted rules is January 1, 2020, except for the repeal of paragraph "C" in Section 4 of Ch. 5 that has a delayed effective date of July 1, 2020.
BOARD CONTACT PERSON: Catherine Carroll, Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333-0035. Telephone: (207) 624-8605. Email: Catherine.M.Carroll@Maine.gov.
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/accountants/index.html.
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml.
PFR RULEMAKING LIAISON: Anne.L.Head@Maine.gov.