RULEMAKING

Public Input for Proposed 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 (Title 5 §8055). 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 §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 (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency. PROPOSALS AGENCY: 02: Department of Professional and Financial Regulation (PFR) 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 PROPOSED RULE NUMBER: 2017-P045 thru P048 (2nd publication) BRIEF SUMMARY: The Board of Licensure in Medicine, State Board of Nursing, Board of Osteopathic Licensure, and Board of Licensure of Podiatric Medicine propose a joint rule regarding the use of controlled substances for treatment of pain. The proposed rule repeals and replaces an existing joint rule regarding prescribing controlled substances to treat pain. As originally proposed, the joint rule: defines certain terms; requires that clinicians achieve and maintain competence in assessing and treating pain; requires that clinicians consider the use of non-pharmacologic modalities and non-controlled drugs in treatment of pain prior to prescribing controlled substances; requires that clinicians use and document Universal Precautions when prescribing controlled substances (i.e. evaluating the patient including conducting a risk assessment to minimize the potential for adverse effects, abuse, misuse, diversion, addiction and overdose, developing a treatment plan, obtaining informed consent, employing a treatment agreement, monitoring, and creating and maintaining medical records); requires that clinicians report illegal acts such as the illegal acquisition and selling of drugs; requires clinicians comply with state and federal controlled substance laws and regulations and CDC guideline for prescribing opioids; and requires clinicians who prescribe controlled substances to maintain current clinical knowledge by complying with continuing education requirements. Following receipt of written comments, the Boards made substantive changes to the proposed rule, including adding definitions for "medical emergency" and "opioid use disorder" and changes to the section of the rule regarding risk assessment. As a result, the proposed rule with substantive changes is being published for additional public comment regarding the changes to the rule as originally proposed. PUBLIC HEARING: None planned. This is a publication of substantive proposed changes to a proposed rule in order to allow public comment on the proposed changes as required by Title 5 MRS §8052(5)(B). Requests to hold a public hearing by any interested person may be submitted in writing to the identified agency contact person. COMMENT DEADLINE: Friday, October 27, 2017 at 5:00 p.m. CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION: Medicine: 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.Smith@Maine.gov . Nursing: 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 . Osteopathic: 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. Susan.E.Strout@Maine.gov . Podiatric: 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 . AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC) CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Adoption of the Rural Business Development Subdistrict in Washington County) PROPOSED RULE NUMBER: 2017-P128 BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Ch. 10, Land Use Districts and Standards, regarding extending the opportunity for Rural Business Development subdistricts into Washington County in partnership with the Washington County Commissioners through the Commission's Community Guided Planning and Zoning program. This regional planning effort implements the directive in PL 2011 ch. 682 section 34, for the Commission to initiate prospective zoning in the unorganized and deorganized parts of the state. The purpose of the Rural Business Development Subdistrict (D-RB) is to encourage an appropriate range of business development in rural areas, and locate development in or at the edge of existing development and in concentrated areas along appropriate portions of major transportation corridors. The locations for the D-RB are selected to maintain the rural character of the region and avoid significant visual, natural resource, and fiscal impacts of unplanned growth. The D-RB subdistrict would include areas to accommodate a range of small commercial, light manufacturing, and institutional facilities and businesses that are generally compatible with, and complementary to, natural resource-based land uses; but may create some adverse impacts to residential uses, recreation uses, or resource protection. PUBLIC HEARING: None COMMENT DEADLINE: Written comments must be submitted on or prior to October 30, 2017. Written rebuttal comments must be submitted on or prior to November 13, 2017. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Stacie R. Beyer, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 557-2535. Email: Stacie.R.Beyer@Maine.gov. FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A AGENCY: 03-201 - Department of Corrections (DOC) CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual - Adult: Subsection 27.2, Supervised Community Confinement PROPOSED RULE NUMBER: 2017-P129 BRIEF SUMMARY: The proposed rulemaking to the Supervised Community Confinement rule seeks to add an additional eligibility requirement for supervised community confinement for prisoners who have been convicted as an adult with any sex offense and to allow a possible exception for any prisoner who has been formally charged but not convicted as an adult with any sex offense for consideration of community programs. PUBLIC HEARING: October 18, 2017 at 1:00 p.m. at the Tyson Building, 3rd Floor, 25 Tyson Drive, Augusta, ME at Maine Department of Corrections Central Office MDOC Board Room. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 13, 2017. COMMENT DEADLINE: Comments must be received by 5:00 p.m. on October 30, 2017 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOC RULEMAKING LIAISON: Mary Lucia, Department of Corrections, 111 State House Station, Augusta ME 04333. Telephone: (207) 287-4681. TTY Maine Relay 711. Fax: (207) 287-4370. Email: Mary.A.Lucia@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 03-201 - Department of Corrections (DOC) CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual - Adult: Subsection 27.3, Community Transition Program PROPOSED RULE NUMBER: 2017-P130 BRIEF SUMMARY: The proposed rulemaking to the Community Transition Program rule seeks to add additional eligibility requirements for Community Transition Programs for prisoners who have been convicted as an adult with any sex offense and to allow a possible exception for any prisoner who has been formally charged but not convicted as an adult with any sex offense for consideration of community programs. PUBLIC HEARING: October 18, 2017 at 1:00 p.m. at the Tyson Building, 3rd Floor, 25 Tyson Drive, Augusta, ME at Maine Department of Corrections Central Office MDOC Board Room. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 13, 2017. COMMENT DEADLINE: Comments must be received by 5:00 p.m. on October 30, 2017 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOC RULEMAKING LIAISON: Mary Lucia, Department of Corrections, 111 State House Station, Augusta ME 04333. Telephone: (207) 287-4681. TTY Maine Relay 711. Fax: (207) 287-4370. Email: Mary.A.Lucia@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 03-201 - Department of Corrections (DOC) CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual - Adult: Subsection 27.4, Furlough Pass / Furlough Leave Program PROPOSED RULE NUMBER: 2017-P131 BRIEF SUMMARY: The proposed rulemaking to the Furlough Pass/Furlough Leave Program rule seeks to add additional eligibility requirements for a Furlough Pass or a Furlough Leave for prisoners who have been convicted as an adult with any sex offense and to allow a possible exception for any prisoner who has been formally charged but not convicted as an adult with any sex offense for consideration of community programs. PUBLIC HEARING: October 18, 2017 at 1:00 p.m. at the Tyson Building, 3rd Floor, 25 Tyson Drive, Augusta, ME at Maine Department of Corrections Central Office MDOC Board Room. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 13, 2017. COMMENT DEADLINE: Comments must be received by 5:00 p.m. on October 30, 2017 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOC RULEMAKING LIAISON: Mary Lucia, Department of Corrections, 111 State House Station, Augusta ME 04333. Telephone: (207) 287-4681. TTY Maine Relay 711. Fax: (207) 287-4370. Email: Mary.A.Lucia@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI) CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual, TANF Rule #109P - 128th Legislative Changes: Introduction; Ch. I, Eligibility Process; Ch. II, Eligibility Requirements (Non-Financial); Ch. III, Eligibility Requirements (Financial); Ch. IV, Budgeting Process; Ch. V, Post TANF Benefits; Ch. VI, Administrative Procedures; Ch. VII, Non-Citizens; Ch. VIII, Emergency Assistance; Ch. XI, TANF Economic Support for Working Families; Appendices; Charts; Budget Sheets PROPOSED RULE NUMBER: 2017-P132 BRIEF SUMMARY: To conform to policy changes made in statute in the 128th legislative session, this rule makes several changes to the Maine Public Assistance Manual (TANF). The changes include increases in the maximum payment amounts for the TANF basic benefit and the Special Need Housing Allowance payment. Eligibility changes include the removal of the deprivation requirement for TANF and changes to the ratio of housing costs to income for the Special Need Housing Allowance payment. The description of good cause reasons for failure to cooperate with the TANF employment and training program, ASPIRE, has been revised and specific examples have been deleted and replaced with a reference to the good cause section of the TANF-ASPIRE program. A TANF Work Incentive Payment has been created to pay a once in a lifetime $400 payment to recipients who go to work and keep their job for four consecutive months. To comply with statutory requirements, these rule changes have also been promulgated on an emergency basis in a separate filing. In addition to the changes noted above, the Department is proposing several other changes. These changes could not be included in the emergency rule because they were not specified as emergency in nature and thus have been added to the proposed rule only. These proposed additional changes to the Introduction and Ch. I, II, III, IV, VI, VII, and the Appendices were done to reformat and re-organize chapters, and to reword and make some ambiguously drafted provisions more clear. Whereas the proposed rule would amend several chapters, it would also completely repeal and replace Ch. II and XI. The removal of the deprivation requirement from Ch. II by emergency rule required several sections to be reformatted, and so the Department addressed the entire chapter to make it more intuitively organized and more precisely drafted. Ch. XI is replaced for better organization of its provisions. Except where expressly stated below, the repeal and replacement of those chapters does not include any policy change that is not already part of the emergency rulemaking. Ch. VII is being repealed altogether and not replaced, with its provisions being redistributed to more appropriate chapters in the manual. This also does not represent a change in policy. See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents. PUBLIC HEARING: None. COMMENT DEADLINE: October 27, 2017 CONTACT PERSON FOR THIS FILING: Dawn Mulcahey, TANF Program Manager, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4109. Fax: (207) 287-3455. TT Users Call Maine Relay - 711. Email: Dawn.Mulcahey@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated. AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI) CHAPTER NUMBER AND TITLE: Ch. 607, ASPIRE-TANF Program Rules, Rule #24P: Budget-related changes to Good Cause and Parents as Scholars Program, and clarification to child under 6 work requirements PROPOSED RULE NUMBER: 2017-P133 BRIEF SUMMARY: This rule makes two changes to ASPIRE policy, based on state statutory changes from the 128th legislative session. First, mirroring such changes to state law, it shortens and modifies the list of good cause reasons for noncompliance with ASPIRE work participation requirements. Second, it adds a requirement of the Parents as Scholars Program (PaS) that the education path must be for the pursuit of a degree or certification with at least an average job outlook. The rule expands on the statutory directive by specifying that in deciding whether an educational path meets the criterion, the Department will rely on publicly available job-market data and analysis from Maine Department of Labor. The other change to the rule clarifies that a sole provider with a child under 6 can meet the work requirements with 20 hours a week of work activities. See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents. PUBLIC HEARING: None COMMENT DEADLINE: October 29, 2017 CONTACT PERSON FOR THIS FILING: Dawn Croteau, ASPIRE Program Manager, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-6968. Fax: (207) 287-3455. TT Users Call Maine Relay - 711. Email: Dawn.Croteau@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated. AGENCY: 99-346 - Maine State Housing Authority (MSHA) CHAPTER NUMBER AND TITLE: Ch. 16, Low-Income Housing Tax Credit Rule PROPOSED RULE NUMBER: 2017-P134 BRIEF SUMMARY: The rule repeals and replaces the current Ch. 16, Low-Income Housing Tax Credit Rule. The rule is the qualified allocation plan for allocating and administering the federal low-income housing tax credit in the State of Maine, including without limitation the State's housing credit ceiling for calendar year 2018, as required pursuant to Section 42 of the Internal Revenue Code. PUBLIC HEARING: A public hearing will be held on Tuesday, October 17, 2017 at 9:30AM at Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine, 04330-4633. Maine State Housing Authority's office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency. COMMENT DEADLINE: Friday, October 27, 2017 at 5:00 p.m. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jodie Stevens, Counsel, Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. Maine Relay 711. Email: jstevens@mainehousing.org . Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency. IMPACT ON MUNICIPALITIES OR COUNTIES: None ADOPTIONS Pursuant to Ch. 380 of the Public Laws of 2011, notice of the adoption of rules will no longer be published in the newspaper rulemaking notices; our Wednesday web notices will continue to carry them, however. Information on rules adopted through the Maine Administrative Procedure Act as well as the full text of adopted rules is available on the internet at http://www.maine.gov/sos/cec/rules .