BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I pertaining to the Montana tobacco settlement fund

) ) ) ) )

NOTICE OF PROPOSED ADOPTION   NO PUBLIC HEARING CONTEMPLATED

 

TO:  All Concerned Persons

 

1.  On May 12, 2012, the Department of Public Health and Human Services proposes to adopt the above-stated rule.

 

2.  The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact Department of Public Health and Human Services no later than 5:00 p.m. on May 4, 2012, to advise us of the nature of the accommodation that you need.  Please contact Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena MT 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected].

 

3.  The rule as proposed to be adopted provides as follows:

 

NEW RULE I  TOBACCO SETTLEMENT ACCOUNTS: PURPOSES AND USES  (1)  The department will design and implement programs to prevent tobacco-related disease.

(2)  The program will include, but will not be limited to, the following components: state and community interventions; health communication interventions; cessation interventions; surveillance and evaluation; and administration and management.

(3)  The department will use national guidelines, including tobacco use prevention and control standards established by the Centers for Disease Control and Prevention in developing and implementing the statewide program.

(4)  The department will use other evidence-based policies, interventions, and enforcement activities in the design and implementation of the program.

(5)  The department will use the national guidelines and other evidence-based recommendations in the development of community interventions implemented by local and tribal health departments.

(6)  The department will coordinate and work with other state agencies to implement tobacco disease prevention interventions, policies, and enforcement activities.

 

AUTH:  17-6-606, MCA

IMP:     17-6-606, MCA

 

            4.  STATEMENT OF REASONABLE NECESSITY

 

The department is proposing a new rule related to Montana Code Annotated Title 17, chapter 6, part 6 (606) Montana Tobacco Settlement Trust Fund.  These rules are necessary to specify the key programmatic components the department should consider in the design and implementation of its tobacco use prevention program.  The statute specifies that the department must consider the standards contained in the "Best Practices for Comprehensive Tobacco Control Programs" published by the Centers for Disease Control and Prevention (CDC) but does not indicate the specific components of a comprehensive program the department or local and tribal health departments should implement.  The statute also does not indicate whether or not the department should consider other national guidelines or evidence-based activities in the design and implementation of the program beyond the recommendations from the CDC.  The rules are necessary to ensure that the department considers both the recommendations provided by the CDC, as well as other national guidelines and evidence-based interventions.  The rules are also necessary to specify that the department will coordinate and work with other state agencies to implement tobacco prevention interventions, policies, and enforcement activities as appropriate.

 

New Rule I

 

This new rule includes the elements the department will use to design and implement programs to prevent tobacco-related disease.  The department specifies in the rules the components that will be included in the Montana's tobacco disease prevention program, the national guidelines and evidence-based recommendations that the department will use in designing and implementing a program, and that the department will coordinate and work with other state agencies that also implement tobacco prevention activities.

 

Fiscal Impact

 

The proposed new rules are not associated with any fees, costs, or benefits and will have no financial impact.

 

5.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Kenneth Mordan, Office of Legal Affairs, Department of Public Health and Human Services, P.O. Box 4210, Helena MT 59604-4210, no later than 5:00 p.m. on May 10, 2012.  Comments may also be faxed to (406) 444-9744 or e-mailed to [email protected].

 

6.  If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Kenneth Mordan at the above address no later than 5:00 p.m., May 10, 2012.

 

7.  If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date.  Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 7 persons based on there are 63 local and tribal health departments and five urban Indian health centers that can potentially receive funding from the state of Montana for tobacco prevention efforts through the state's master settlement agreement.

 

8.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.

 

9.  An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

10.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

 

/s/ Shannon L. McDonald                          /s/ Hank Hudson for                                               

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services

 

Certified to the Secretary of State April 2, 2012.