May 13, 2020

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: 02-643 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Speech, Audiology and Hearing
CHAPTER NUMBER AND TITLE: Ch. 9 (New), Speech-Language Pathology Assistants
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P088
BRIEF SUMMARY: This chapter establishes the educational requirements, the number of practicum hours required, and supervision parameters for speech-language pathology assistants. The proposed new rule establishes the educational and practicum standards depending on level of degree held by applicant, enables the speech-language pathology assistant to have more than one supervising speech-language pathologist, and allows the supervising speech-language pathologist to determine how many licensees they may supervise competently while also performing any direct client services for which the supervisor is responsible.
PUBLIC HEARING: Monday, June 1, 2020 - 9:00 a.m., virtual meeting via Zoom COMMENT DEADLINE: June 11, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jennifer Hawk, Board Administrator, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8617. Email: Jennifer.M.Hawk@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 17103(6), 17301(5) SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.maine.gov/pfr/professionallicensing/professions/speech_audiology_hearing_aid/index.html.
OPOR RULEMAKING LIAISON: Anne.L.Head@Maine.gov.

ADOPTIONS

AGENCY: 02-392 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Maine Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 12, Licensure of Manufacturers and Wholesalers
ADOPTED RULE NUMBER: 2020-114 (Final adoption, major substantive)
CONCISE SUMMARY: 2017 Public Law ch. 267, 32 MRS §13759, “An Act to Prohibit Certain Gifts to Health Care Practitioners” directs the Maine Board of Pharmacy to establish definitions by rule for modest meals and refreshments, and reasonable honoraria. This rule sets standards on exceptions to the general prohibition against manufacturers and wholesalers making gifts to practitioners.
On June 6, 2019, the Maine Board of Pharmacy voted to provisionally adopt these rules, which pursuant to 32 MRS §13759 are major substantive rules as defined in Title 5 ch. 375 sub-ch. 2-A.
On February 12, 2020, the Committee on Health Coverage, Insurance and Financial Services reported out LD 1872 (Emergency Preamble, Resolve, Regarding Legislative Review of Portions of Chapter 12: Licensure of Manufacturers and Wholesalers, a Major Substantive Rule of the Department of Professional and Financial Regulation, Maine Board of Pharmacy) as Ought to Pass with no changes to the provisionally adopted rule, and finally passed by the Maine Legislature on February 25, 2020.
On March 9, 2020, Governor Mills signed 2020 Public Law ch. 115 (LD 1872) Emergency Preamble, Resolve, Regarding Legislative Review of Portions of Chapter 12: Licensure of Manufacturers and Wholesalers, a Major Substantive Rule of the Department of Professional and Financial Regulation, Maine Board of Pharmacy.
EFFECTIVE DATE: June 6, 2020
BOARD CONTACT PERSON: Geraldine L. Betts, Administrator, Maine Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation, 35 State House Station, Augusta ME 04333. Telephone: (207) 624-8625. Email: Geraldine.L.Betts@Maine.gov.
BOARD WEBSITE: https://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.html.
OPOR RULEMAKING LIAISON: Anne.L.Head@Maine.gov.

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish: 34.07, Atlantic Halibut (Emergency Regulation)
ADOPTED RULE NUMBER: 2020-115 (Emergency)
CONCISE SUMMARY: In order to remain within the State Waters subcomponent’s target catch of the federal annual catch limit, and to prevent the Allowable Biological Catch from being exceeded and Accountability Measures being triggered, Maine is taking this emergency action to reduce catch in the state waters halibut fishery by reducing the length of the state waters halibut season by one week at each end of the season (resulting in a season of May 18-June 13). This action is intended to protect and conserve the halibut resource in compliance with the federal management plan and avoid future implementation of accountability measures which include zero possession of Atlantic halibut by all federal permit holders. For these reasons, the Commissioner has determined that it is necessary to take this emergency action under 12 MRS §6171(3)(C).
EFFECTIVE DATE: May 6, 2020
DMR CONTACT PERSON: Megan Ware, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6563. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Megan.Ware@Maine.gov.
DMR RULEMAKING EMAIL: DMR.rulemaking@maine.gov.
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/.
DMR WEBSITE: http://www.maine.gov/dmr/.
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov.