Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 03-1323d

[33 Pa.B. 3186]

[Continued from previous Web Page]

Regulation Being
Considered
Proposed Date
of Promulgation
Need and Legal Basis for Action Agency Contact
State Board of Osteopathic Medicine
--Sexual Misconduct--
49 Pa. Code, Chapter 25. (16A-539)
 
 
 
 
 
 
 
--Continuing Medical Education--
49 Pa. Code, Chap. 16 (16A-5313)
 
 
 
--Athletic Trainers--
49 Pa. Code, Chap. 16 (16A-5314)
 
 
 
 
--Delegation--
49 Pa. Code, Chap. 16 (16A-5312)
 
 
 
--Volunteer License--
49 Pa. Code, Chapter 25, Subchapter L, §§ 25.601--25.607. (number not yet assigned)
 
 
Summer 2003, as Final.
 
 
 
 
 
 
 
 
Summer 2003, as Proposed.
 
 
 
 
 
Fall 2003, as Proposed.
 
 
 
 
 
Summer 2003, as Proposed.
 
 
 
 
Summer 2003, as Proposed.
 
 
Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts of a sexual nature which the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory Authority: Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.
 
This regulation would implement the act of March 20, 2002 (P. L. __, No. 13) (Act 13). Act 13 requires the Board to promulgate regulations requiring osteopathic physicians to complete CME in patient safety and risk management. Statutory Authority: Section 910 of Act 13.
 
This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001.
 
This regulation would establish standards for the delegation of osteopathic medical services to qualified personnel. Statutory Authority: Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.
 
This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16.
 
 
Gina Bittner (717) 783-4858
State Board of Pharmacy
--Technology and Automation--
49 Pa. Code, Chapter 27. (16A-5410)
 
 
 
--Return to Stock of Undelivered Medications--
49 Pa. Code § 27.102 (16A-5411)
 
--Drug Therapy Protocols--
49 Pa. Code, Chapter 27 (number not yet assigned)
 
 
 
--Administration of Injectable Medications, Biologicals and Immunizations--
49 Pa. Code, Chapter 27 (number not yet assigned)
 
Summer 2003, as Proposed.
 
 
 
 
 
Summer 2003, as Statement of Policy.
 
 
 
Fall 2003, as Proposed.
 
 
 
 
 
Fall 2003, as Proposed.
 
The proposal would address issues raised by new technology now available in the field of pharmacy to allow the use of such technology while ensuring consumer safety. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1), (9).
 
This Statement of Policy would address the issue of undelivered medications being returned to the active stock of the pharmacy. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390.6(k)(9).
 
Section 2 of Act 102 of 2002 requires the Board to adopt regulations establishing the parameters of written agreements or protocols for drug therapy management in institutional settings. Statutory Authority: Section 9.1 of the Pharmacy Act, 63 P. S. § 390-9.1.
 
Section 2 of Act 102 of 2002 requires the Board to adopt regulations to establish education and training standards and practice guidelines under which pharmacists may be authorized to administer injectable medications, biologicals and immunizations to persons who are more than eighteen years of age. Statutory Authority: Section 9.2 of the Pharmacy Act, 63 P. S. § 390--9.2.
 
Melanie Zimmerman
(717) 783-7156
State Board of Physical Therapy
--General Revisions--
49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21--40.24. (16A-659)
 
--Certificate of Authorization to Practice Physical Therapy Without a Referral--
49 Pa. Code Chap. 40 (16A-651)
 
 
Fall 2003, as Final.
 
 
 
 
Summer 2003, as Proposed.
 
 
The regulation would correct and revise existing regulations regarding physical therapists. Statutory Authority: Section 3(a) of the Physical Therapy Practice Act, 63 P. S. § 1303(a).
 
 
This regulation would implement the act of Feb. 21, 2002 (P. L.___, No. 6) (Act 6), which enables licensees to seek a certificate of authorization to practice physical therapy without a referral from a physician. Statutory Authority: Section 2 of Act 6 of 2002; Section 3 of the Physical Therapy Practice Act, 63 P. S. § 1303.
 
 
J. Robert Kline (717) 783-7134
State Board of Podiatry
--Continuing Education--
49 Pa. Code, Chapter 29. (16A-446)
 
 
 
--Professional Liability Insurance--
49 Pa. Code, Chapter 29, §§ 29.52-29.54 (16A-447)
 
 
 
 
--Sexual Misconduct--
49 Pa. Code, Chapter 29 (16A-448)
 
 
 
 
 
 
 
--Volunteer License--
49 Pa. Code § 29.55 (number not yet assigned)
 
Summer 2003, as Final.
 
 
 
 
Fall 2003, as Proposed.
 
 
 
 
 
 
Summer 2003, as Proposed.
 
 
 
 
 
 
 
 
Summer 2003, as Proposed.
 
This regulation would amend the current continuing education provision at 49 Pa. Code § 29.61 to include pre-approved course providers. Statutory Authority: Section 9 and 9.1 of the Podiatry Practice Act, 63 P. S. §§ 42.9 and 42.9a.
 
This regulation would amend the current regulations to eliminate references to the Health Care Services Act and replaces them with references to the Medical Care Availability and Reduction of Error (Mcare) Act. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15.
 
Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts of a sexual nature which the Board deems unprofessional when occurring or resulting form a professional relationship. Statutory Authority: Sections 15 and 16(3) of the Podiatry Practice Act, 63 P. S. §§ 42.15 and 42.16(3).
 
This regulation is required to amend the Board's regulations to conform to recent amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15.
 
Gina Bittner (717) 783-4858
State Board of Psychology

--Ethics Principles--
49 Pa. Code § 41.61. (16A-6312)
 
 
--Doctoral Degrees in Psychology--
49 Pa. Code § 41.31 (16A-6313)
 
 
 
 
 
--Notice Requirements--
49 Pa. Code §§ 41.65-41.66 (16A-6314)
 
Spring 2004, as Proposed.
 
 
 
Fall 2003, as Proposed.
 
 
 
 
 
 
 
Summer 2003, as Proposed.
 
This regulation would amend Principles 2(b) and 7(i) of the Board's Code of Ethics. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. 1203.2(2).
 
This proposed regulation would require applicants educated in North American and the U.S. territories to have been awarded a doctoral degree in psychology or a related field at an institution either accredited by the APA/CPA or designated by the ASPPB. Statutory Authority: Sections 3.2(1) and 6(a)(2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and 1206(a)(2).
 
This regulation would require licensees to provide notice to the Board of certain criminal convictions and disciplinary actions taken by licensing authorities in other jurisdictions and require licensees who have been suspended or revoked by the Board to notify all current clients/patients of the disciplinary action. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).
 
 
Christina Stuckey (717) 783-7155
State Board of Certified Real Estate Appraisers
--Experience Options for Certification, Duties of Supervising Appraiser--
49 Pa. Code §§ 36.13 and 36.14. (16A-706)
 
 
 
 
 
 
 
 
--General Revisions--
49 Pa. Code § 36.51. (16A-7014)
 
 
 
 
 
--Continuing Education for Certified Pennsylvania Evaluators--
49 Pa. Code, Chapter Chapter 36, Subchapter C (16A-7015)
 
 
 
--Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)
 
 
Fall 2003, as Proposed.
 
 
 
 
 
 
 
 
 
 
 
Fall 2003, as Proposed.
 
 
 
 
 
 
Fall 2003, as Proposed.
 
 
 
 
 
 
 
Spring 2003, as Statement of Policy.
 
 
The regulation would revise qualifying experience for certification as an appraiser; impose supervisory and record-keeping duties on appraisers who supervise appraisal assistants; and require appraisal reports submitted as qualifying experience to conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulations are consistent with standards established for state appraiser boards by the federal Appraiser Qualification Board (AQB). Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).
 
The regulation would update requirements for consistency with AQB standards; clarify the applicability of USPAP standards to brokers/appraisers; and make some editorial changes. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).
 
The regulation would require certified Pennsylvania evaluators to complete the same 7-hour USPAP Update Course that certified appraisers and broker/appraisers must complete as part of their biennial continuing education requirement. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).
 
The policy statement would establish a schedule of Act 48 of 1993 civil penalties for violations of the Real Estate Appraisers Certification Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
 
 
Michelle Demerice
(717) 783-4866
State Real Estate Commission
--Education--
49 Pa. Code, Chapter 35. (16A-561)
 
 
 
 
--Act 48 of 1993 Civil Penalties--
49 Pa. Code, Chapter 43b. (16-29)
 
 
 
--Schedule of Civil Penalties--
49 Pa. Code § 43b.8 (16-32)
 
 
Summer 2003, as Proposed.
 
 
 
 
 
Summer 2003, as Statement of Policy.
 
 
 
 
Summer 2003, as Proposed.
 
 
This regulation proposes changes to the current pre-Licensure and continuing education requirements and adds distance education. Statutory Authority: Section 404.1(a) of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404a.(a).
 
The policy statement would establish a schedule of Act 48 of 1993 civil penalties for additional violations of the Real Estate Licensing and Registration Act and the Commission's regulations. Statutory Authority: Section 5(a) of Act48 of 1993, 63 P. S. § 2205(a).
 
This regulation would amend the existing Act 48 Schedule of Civil Penalties formerly promulgated by the Real Estate Commission in 1998. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
 
 
Deborah Sopko (717) 783-3658
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
--Continuing Education--
49 Pa. Code, Chapter 47 (number not yet assigned)
 
 
 
 
--Dual Licensing of Substance Abuse Services--
49 Pa. Code § 49.17 (16A-697)
 
 
 
--Sexual Intimacies--
49 Pa. Code §§ 50.20--50.25. (16A-691)
 
 
 
 
 
--Supervised Clinical Experience--
49 Pa. Code, §§ 47.12c, 48.13 and 49.13. (16A-698)
 
 
 
 
 
--Technical Amendments--
49 Pa. Code §§ 47.1 and 47.1a. (16A-699)
 
 
 
 
Fall 2003, as Proposed.
 
 
 
 
 
Summer 2003, as Statement of Policy.
 
 
 
 
 

Fall 2003, as Proposed.
 
 
 
 
 
 
 
Fall 2003, as Proposed.
 
 
 
 
 
 
 
 
Fall 2003, as Proposed.
 
 
 
 
This regulation would require that licensees complete continuing education as a condition of license renewal. Statutory Authority: Sections 18(a) 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. §§ 1918(a) and 1906(2).
 
This Statement of Policy establishes the Board's position on the dual licensing of providers of Substance Abuse Services by the Board and the Department of Health. Statutory Authority: Section 2 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1902.
 
This regulation defines the professional relationship and prohibits sexual intimacies between a client/patient and the social worker, clinical social worker, marriage and family therapist or professional counselor. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).
 
This regulation permits supervised clinical experience to include group supervisory sessions within educational, institutional and agency settings without the requirement that the supervisor supervise no more than six individuals at the same time. Statutory Authority: Sections 6(2) and 7 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. §§ 1906(2) and 1907.
 
This regulation clarifies the definition of ''accredited school'' and deletes the requirement that supervisors of clinical social work applicants for licensure hold a license to practice social work in this Commonwealth so long as they are currently licensed to practice social work in any jurisdiction. Statutory Authority: Section 6 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906.
 
 
 
 
Cindy Warner (717) 783-1389
State Board of Examiners in Speech-Language and Hearing
--Continuing Education--
49 Pa. Code, Chapter 45. (16A-6802)
 
 
 
--Assistant Regulations--
49 Pa. Code §§ 45.301-308. (16A-6801)
 
 
--Act 48 of 1993 Civil Penalties--
49 Pa. Code, Chapter 43b. (16-29)
 
 
 
Summer 2003, as Proposed.
 
 
 
 
Summer 2003, as Proposed.
 
 
 
Summer 2003, as Statement of Policy.
 
 
 
This regulation would establish continuing education requirements to comply with Act 71 of 2000. Statutory Authority: Section 5(7) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(7).
 
This amendment would update the regulatory provisions pertaining to assistants. Statutory Authority: Section 5(8) of theSpeech-Language and Hearing Licensure Act, 63 P. S. § 1705(8).
 
The policy statement would establish a schedule of Act 48 civil penalties for violations of the Speech-Language and Hearing Licensure Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
 
 
 
Cindy Warner (717) 783-1389
State Board of Vehicle Manufacturers, Dealers and Salespersons
--Consignment Sales--
49 Pa. Code § 19.19. (16A-607)(formerly 16A-601)
 
--Auction License--
49 Pa. Code § 19.21. (16A-603)
 
 
 
--Display Requirements--
49 Pa. Code § 19.18. (16A-604)
 
 
 
 
 
--Branch Lots--
49 Pa. Code § 19.18. (16A-605)
 
 
 
 
 
 
--Emergency Vehicles--
49 Pa. Code Ch. 19 (16A-606)
 
 
--Act 48 of 1993 Civil Penalties--
49 Pa. Code, Chapter 43b. (16-29)
 
 
 
Fall 2003, as Final.
 
 
 
Fall 2003, as Final.
 
 
 
 
Fall 2003, as Final.
 
 
 
 
 
 
Fall 2003, as Final.
 
 
 
 
 
 
 
Summer 2003, as Proposed.
 
 
 
Summer 2003, as Statement of Policy.
 
 
 
This regulation would set forth the standards by which dealers may engage in consignment sales. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).
 
This regulation would set out standards for licensure as a vehicle auction, a new category of licensure created by the 1996 amendments to the Act. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).
 
This regulation would create an exception in the Board's regulations to permit a vehicle dealer to display up to five vehicles in a non-conforming area so long as the public is not permitted to enter the non-conforming area. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).
 
This regulation permits vehicle dealers to (1) display a single vehicle, or series of single vehicles, at an unlicensed location if no sales activity is occurring at that location and (2) store vehicles at an unlicensed location if no sales activity is occurring at that location. Statutory Authority: Sections 2, 4 and 5 of the Board of Vehicles Act, 63 P. S. §§ 818.2, 818.4(4), 818.4(9), and 818.5(e).
 
The proposed regulation would exempt dealers of emergency vehicles from complying with display area regulations. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).
 
The policy statement would establish a schedule of Act 48 of 1993 civil penalties for additional violations of the Board of Vehicles Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
 
 
 
Teresa Woodall (717)783-1697
State Board of Veterinary Medicine
--Prescription Drugs--
49 Pa. Code § 31.21, Principle 8. (16A-5712)
 
 
 
 
 
--Pre-approved Continuing Education Providers--
49 Pa. Code §§ 31.16 and 31.40 (16A-5714)
 
 
Summer 2003, as Final.
 
 
 
 
 
 
Summer 2003, as Final.
 
 
This regulation would require veterinarians to meet specified standards regarding dispensing, packaging and labeling of prescription drugs and will mandate that veterinarians use only current, unexpired drugs. Statutory Authority: Section 5(1) and (2) of the Veterinary Medicine Practice Act, 63 P. S. §§ 485.5(1), 485.5(2).
 
This regulation would add the Registry of Approved Continuing Education (RACE) of the AAVSB to the list of pre-approved continuing education providers. Statutory Authority: Section 18 of the Veterinary Medicine Practice Act, 63 P. S. § 485.18.
 
 
J. Robert Kline (717) 783-7134
STATE EMPLOYEES' RETIREMENT SYSTEM
Chapter 241. Preliminary Provisions
4 Pa. Code § 241.1 Definitions
Definition of 'death benefit'
Fall 2003 New section to add definition of 'death benefit' to mean any remaining present value in the account. Currently undefined. Amendment will facilitate efficient processing of small payments by clarifying that when no present value is left then the number of days payments owed to a member may be paid to the member's estate. Brian E. McDonough
(717) 237-0229
 
Sean Sanderson (717) 237-0261
Chapter 243. Membership, Credited Service, Classes of Service and Eligibility for Benefits.
4 Pa.Code § 243.12. Eligibility for death benefits.
Fall 2003 Amend to eliminate obsolete language that contradicts statute. Amend to be consistent with definition of 'death benefits' in order to facilitate the efficient processing of small payments. Brian E. McDonough
(717) 237-0229
 
Sean Sanderson (717) 237-0261
Chapter 247. Death Benefits
4 Pa.Code § 247.7. Death Benefits
Fall 2003 Amend to add small payment processing and description. Delete obsolete language. Brian E. McDonough
(717) 237-0229
 
Sean Sanderson (717) 237-0261
Chapter 249. Administration, Funds, Accounts, and General Provisions.
4 Pa.Code § 249.59
Fall 2003 New section to add small overpayment collection description in order to facilitate the efficient processing of small overpayments. Brian E. McDonough
(717) 237-0229
 
Sean Sanderson (717) 237-0261
STATE POLICE
Regulatory amendments to further adopt a cheating policy as part of the Municipal Police Officers Education and Training Commission regulations. The final regulation will be published in the Pennsylvania Bulletin in the summer of 2003. The provisions of this chapter set forth regulations for the administration of the training program for municipal police by the Municipal Police Officers Education and Training Commission. The proposed amendments will further adopt a cheating policy. Syndi L. Guido 717-772-0905
Regulations to set forth procedures to be followed regarding the interception, maintenance, and destruction of recordings made pursuant to 18 Pa.C.S. §§ 5704(16), 5749. The Department is currently working on a preliminary draft of the proposed regulations. Act 53 of 2002 requires the State Police Commissioner, in consultation with the Attorney General, to promulgate these regulations. Syndi L. Guido 717-772-0905
Regulations to effectuate the collection and testing of DNA from individuals convicted of specified offenses. The Department is currently developing the regulations. Act 57 of 2002 amended Title 42 of the Judicial Code to include Chapter 47, which establishes a DNA database and provides for the collection and testing of DNA samples from individuals convicted of specified offenses. The act is a recodification of a prior DNA act. The act requires the Department to promulgate regulations to effectuate the act. Syndi L. Guido 717-772-0905
Updating the guidelines for the administration of Megan's Law and regulations regarding neighborhood notification of sexually violent predators' residence, school, or employer. The regulations are in the drafting process. Act 18 of 2000, known as Megan's Law, provides for the registration of sexual offenders and community notification for sexually violent predators. The act requires the Department to promulgate guidelines for the general administration of the act in consultation with the Department of Corrections, the Office of Attorney General, the Pennsylvania Board of Probation and Parole, and the chairmen and minority chairmen of the Senate and House Judiciary Committees. The act also requires the Department to write regulations regarding neighbor notification of sexually violent predators' residence, school, or employer. Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them. Syndi L. Guido 717-772-0905
Regulations regarding police officers' use of unmarked vehicles. The proposed regulations have been drafted and should be ready for publication this fall. Act 75 of 2001 requires the State Police to promulgate regulations, in consultation with the Department of Transportation, for police officers' use of unmarked vehicles. The regulations must (1) establish the procedure an officer in an unmarked car must use when stopping a motorist; (2) require the use of audible and visual signals; and (3) establish requirements for wearing official police uniforms and display of official police identification. Syndi L. Guido 717-772-0905
Updating regulations implementing the Lethal Weapons Training Act. The regulations are still in the drafting stage. Pursuant to the Private Detectives Act, the State Police must promulgate regulations to implement the education and training program for certifying individuals in handling lethal weapons. Syndi L. Guido 717-772-0905
Regulations to implement age compliance checks of liquor licensees. The proposed regulations have been drafted and should be ready for publication sometime this fall. Act 141 of 2002 amended the Crimes Code to allow individuals between the age of 18 and 21 to purchase, possess, and transport alcoholic beverages if they are working under the direct supervision of an adult liquor control enforcement officer. The act requires the State Police to promulgate regulations prescribing the manner in which age compliance checks are performed. At a minimum, the regulations must require the underage individual to undergo approved training prior to participation in a compliance check. Syndi L. Guido 717-772-0905
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
177--Emission Inspection 12/02 This regulation is currently under review and amendments are being drafted to address anticipated program changes beginning in December 2003. Since October 1997, implementation, deficiencies were uncovered in the existing regulations. Additional changes will be required to incorporate OBD and an anti-tampering/gas cap check, in the existing and new areas of the Commonwealth. Noreen Kline 717-783-8750
43--Temporary Registration Cards and Plates 4/00 HB152 requires messengers and agents to be under contract. Those contracts will contain wording that requires revisions. Revisions currently are being finalized. Chapter 43 regulates department agents regarding the issuance of temporary registration cards and plates. The requirement of agents and messengers to be under contract will cause major changes to this regulation. Noreen Kline 717-783-8750
171--School Buses and School Vehicles 11/01 This regulation was published in the Pennsylvania Bulletin, March 16, 2002. This Regulation is anticipated to be fully promulgated by August 2003. IRRC has reviewed this Regulation and we are in the process of responding to their comments. Updating to be more in line with Federal Regulations allowing white roofs to help cool buses. Other minor revisions. (Clarification of SB stopping arm language). Noreen Kline 717-783-8750
175--Vehicle Equipment and Inspection 12/02 Notice of intent to change was published July 2001. Comments received (regarding inspection station hours of operation) as a result of notice of intent indicate stakeholder input is needed before proceeding with notice of proposed rulemaking. Section 4702 of the Vehicle Code requires the Department to establish a system of annual and semi-annual safety inspections. Chapter 175 prescribes the equipment and inspection criterion for vehicles subject to PA's safety inspection program. As a result of HB152 this Amendment will focus on operating hours for inspection stations. Recent settlements with two environmental groups also require changes in inspection criteria to include checks for the presence of emission control devices originally installed by a vehicle manufacturer. Noreen Kline 717-783-8750
73--Photographic Driver's License 9/96 At this point, it is recommended that the regulation be repealed. Rapid changes in Environmental and Technology require swift response and flexibility in process and/or procedure. Changes should be published in Pennsylvania Bulletin similar to Act 115-96 for CDL testing procedures. Noreen Kline 717-783-8750
75--Driver's License Exam 9/02 Eighty percent of this regulation has been reviewed. No additional review required. Current regulation identifies components of testing and scoring procedures. Publication of testing and scoring procedures in lieu of regulations meets public need for awareness of testing components. This also meets the Department's requirement to modify and evaluate the testing procedures to make them more effective. The Non-CDL test is being evaluated to determine its appropriateness based on the findings related to crashes involving young drivers. The change to the Regulation will be pursued in conjunction with this initiative. Noreen Kline 717-783-8750
79--Restrictions on Driver's License 10/00 This regulation has been reviewed. A Task Group is planned to address and update these regulations in 2003. Technology and care of handicapped drivers has advanced faster than regulations could keep up. The regulations are being used to keep our roadway safe, but can be improved by including new adaptive equipment. Noreen Kline 717-783-8750
21--Odometer Read Disclosure Statements 12/98 This regulation has been reviewed and repeal is recommended. Section 7134 of the Vehicle Code lists the requirements pertaining to Odometer Disclosure Statements. Chapter 21 is no longer needed. Noreen Kline 717-783-8750
23--Delivery of Certificates of Title 4/01 This regulation has been reviewed and repeal is recommended. Section 1101 of the Vehicle Code requires every owner of a vehicle within the Commonwealth to make application for a Certificate of Title. Chapter 23 is no longer needed. Noreen Kline 717-783-8750
53--Manufacturers, Dealers and Misc. Motor Vehicle Business Registration Plates 12/01 Legal Counsel is reviewing this regulation. Amending to resolve some inconsistencies between the vehicle code and regulations. Noreen Kline 717-783-8750

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