[35 Pa.B. 810]
[Continued from previous Web Page]
Regulation Being Considered Proposed Date of Promulgation Need and Legal Basis for Action Agency Contact SECURITIES COMMISSION
Rule 144A exchange transactions
64 Pa. Code § 203.203Final Rulemaking Feb 2005 The Commission plans to propose a regulation to exempt from registration certain transactions in Rule 144A securities with certain accredited investors. Mary Peters
(717) 783-4186Investment adviser registration procedures
64 Pa. Code § 303.012Final Rulemaking Feb 2005 The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. Mary Peters
(717) 783-4186Investment adviser capital requirements
64 Pa. Code § 303.042Proposed Rulemaking Feb 2005 The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. Mary Peters
(717) 783-4186Investment adviser required records
64 Pa. Code § 304.012Final Rulemaking Feb 2005 The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. Mary Peters
(717) 783-4186Investment adviser required financial reports
64 Pa. Code § 304.022Final Rulemaking Feb 2005 The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. Mary Peters
(717) 783-4186Investment adviser custody or possession of funds or securities of clients
64 Pa. Code § 404.013Final Rulemaking Feb 2005 The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules Mary Peters
(717) 783-4186STATE State Board of Accountancy General Revisions
49 Pa. Code, Chapter 11. (16A-559)Spring 2005, as Proposed. The regulation would clarify certain issues related to the enforcement of the C.P.A. Law; make requirements consistent with the language of the C.P.A. Law; repeal outdated and unnecessary requirements; and make editorial changes. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3. Dorna Thorpe
(717) 783-1404State Architects Licensure Board Definition of Sole Proprietorship and Clarification of Renewal Fee for Firms
49 Pa. Code §§ 9.2 and 9.3 (16A-418)Spring 2005, as Final. This regulation is needed to clarify which types of firm practice are subject to the annual fee for registered architecture firms. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a). Dorna Thorpe
(717) 783-3397Schedule of Civil Penalties-
49 Pa. Code § 43b.21. (16-32)Summer 2005, as Final This regulation would amend the schedule of Act 48 civil penalties for violations of the Architects Licensure Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). State Athletic Commission Communicable Disease Testing
58 Pa. Code §§ 1.1 and 28.1 (16-34)Spring 2005, as Final This regulation would expand the Commission's current regulations that authorize the testing of boxers for HIV to permit testing for other communicable diseases, including Hepatitis C. Statutory Authority: Sections 103(b) and 501of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 501. Greg Sirb
(717) 787-5720State Board of Auctioneer Examiners Deletion of Reference to Examination Fees
49 Pa. Code § 1.41. (16A-647)Spring 2005, as Final. The regulation would delete references to examination fees. Statutory Authority: Section 6(a) of the Auctioneer and Auction Licensing Act, 63 P. S. § 734.6(a). Tammy Radel
(717) 783-3397Correction to Fee Schedule
49 Pa. Code § 1.41 (number not yet assigned)Spring 2005, as Final (Proposed Omitted). This regulation would correct the fee schedule in which a line was inadvertently deleted when the schedule was last amended. Statutory Authority: Section 6(a) of the Auctioneer and Auction Licensing Act, 63 P. S. § 734.6(a). State Board of Barber Examiners Schedule of Civil Penalties
49 Pa. Code § 43b.4 (16-32)Summer 2005, as Final This regulation would amend the schedule of Act 48 civil penalties for violations of the Barbers' Licensing Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). Linda Dinger
(717) 787-2721Examinations and Student Work
49 Pa. Code, Chapter 3 (number not yet assigned)Spring 2005, as Proposed. The regulation would update the existing regulations to conform to current board practice and statutory provisions pertaining to examinations and amends the regulations relating to student records and student hours to allow for part-time school attendance. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b). State Board of Certified Real Estate Appraisers General Revisions
49 Pa. Code, Chapter 36. (16A-7014)Spring 2005, as Proposed. The regulation represents a comprehensive revision of requirements relating to education and experience for initial certification; continuing education for renewal of certification; standards of practice; and supervision of appraisal assistants. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2); and Section 3 of the Assessors Certification Act, 63 P. S. § 458.3. Michelle Smey
(717) 783-4866State Board of Chiropractic Chiropractic specialties
49 Pa. Code Ch. 5 (16A-4312)Spring 2005, as Proposed. The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. The regulation would identify the certifications acceptable to the Board. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3). Deborah Smith
(717) 783-7155Patient records
49 Pa. Code § 5.51 (16A-4313)Summer 2005, as Proposed. The regulation would clarify the requirements for patient records. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3). Volunteer license-
49 Pa. Code § 5.20 (number not yet assigned)Spring 2005, as Proposed. This regulation is required by the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302. Commissioner, BPOA Schedule of Civil Penalties
49 Pa. Code §§ 43b.4; 43b.8; 43b.9; 43b.10a and 43b.11a (16-32)Summer 2005, as Final. The regulation would amend the schedules of civil penalties for the State Board of Barber Examiners; State Real Estate Commission; State Board of Vehicle Manufacturers, Dealers and Salespersons; and State Architects Licensure Board that were previously codified as regulations under Act 48 of 1993. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). Cynthia K. Montgomery
(717) 783-7200Bureau of Commissions, Elections & Legislation Fees for Notary Services (16-33) Spring 2005, as Final. This regulation would increase the fees that notaries are permitted to charge for their services. An increase has not occurred since February 1984. Statutory Authority: Sections 21 and 22.3 of the Notary Public Law, 57 P. S. §§ 167 and 168.3. Nancy Chavez
(717) 787-5280Corporations Bureau UCC Revised Article 9 (16-35) Summer 2005, as Proposed. This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526. Christal Pike-Nase
(717) 787-6802State Board of Cosmetology Biennial Renewal Fee Increase-
49 Pa. Code § 7.2 (16A-4512)Spring 2005, as Proposed. The proposed regulation would increase the biennial renewal fees for licenses issued by the Board. Statutory Authority: Section 16 of the Beauty Culture Law, 63 P. S. § 522. Linda Dinger
(717) 787-2721Accreditation of cosmetology schools
49 Pa. Code §§ 7.111 and 7.113a (16A-4511)Spring 2005, as Proposed. This regulation amends the Board's existing regulations to clarify the accreditation requirements for cosmetology schools. Statutory Authority: Sections 6 and 11 of the Beauty Culture Law, 63 P. S. §§ 512 and 517. State Board of Dentistry Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia
49 Pa. Code §§ 33.331--33.344. (16A-4614)Spring 2005, as Final. This regulation would amend requirements for administration of anesthesia/analgesic in response to a Commonwealth Court case and the enactment of Act 135 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o) and Section 2 of Act 135 of 2002. Lisa Burns
(717) 783-7162Biennial Renewal Fees
49 Pa. Code §§ 33.3 and 33.339 (16A-4615)Spring 2005, as Final. This regulation would increase the biennial renewal fees for dentists and for anesthesia permit holders. Statutory authority: Sections 4(b) and 11.2(6) of the Dental Law, 63 P. S. §§ 123(b) and 130c(a)(6). Expanded Function Dental Assistants' Curriculum Requirements
49 Pa. Code, Chapter 33 (16A-4616)Summer 2005, as Proposed. This regulation is intended to establish curriculum requirements for schools offering education programs for expanded function dental assistants. Statutory Authority: Section 3(a) of the Dental Law, 63 P. S. § 122(a). Administration of Local Anesthesia by Dental Hygienists
49 Pa. Code, Chapter 33 (16A-4617)Summer 2005, as Proposed. This regulation will establish the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist. Statutory Authority: Section 3(d) of the Dental Law, 63 P. S. § 122(d). Volunteer license
49 Pa. Code § 33.110 (number not yet assigned)Spring 2005, as Proposed. This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o). State Registration Board for Engineers, Land Surveyors and Geologists Biennial Renewal Fees and Examination Fees
49 Pa. Code § 37.17 (16A-478)Spring 2005, as Proposed. The regulation would increase biennial renewal fees for all license classes, delete examination fees as unnecessary, and make editorial and organizational changes to the other fees. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151(d) and (e). Shirley Klinger
(717) 772-8528State Board of Funeral Directors Professional Misconduct
49 Pa. Code §§ 13.201, 13.202. (16A-4814)Spring 2005, as Proposed. The amendment would add to the Board's standards of practice and conduct. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). Michelle Smey
(717) 783-3397General Revisions
49 Pa. Code, Chap. 13 (number not yet assigned)Summer 2005, as Proposed. These amendments would update the Board's regulations related to advertising, application procedures, facility requirements, qualifications for licensure and responsibilities of supervisors. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). Continuing Education
49 Pa. Code, Ch. 13 (16A-489)Spring 2005, as Final. This regulation is being promulgated to comply with the requirement of Act 48 of 2000 that the Board adopt regulations to implement continuing education, as now required by Section 10(b) of the Funeral Director Law. Statutory Authority: 63 P. S. § 479.10(b). Limited License
49 Pa. Code §§ 13.1, 13.12 and 13.77 (16A-4810)Spring 2005, as Final. This regulation is being promulgated to implement the provisions of Act 48 of 2000 that authorized the Board to enter into agreements with other states to issue limited licenses to funeral directors from other states. Statutory Authority: Section 9(c) of the Funeral Director Law, 63 P. S. § 479.9(c). Forms Review
49 Pa. Code §§ 13.204 and 13.244 (16A-4813)Spring 2005, as Proposed. This proposed regulation would clarify the criteria by which the Board will review form statements of funeral goods and services and preneed contracts and add grounds for the Board to disapprove forms. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). Preneed Funeral Arrangements
49 Pa. Code, Chapter 13 (16A-4815)Spring 2005, as Proposed. This regulation would clarify and add additional requirements for funeral directors who enter into preneed funeral arrangement agreements. Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a). State Board of Landscape Architects General Revisions
49 Pa. Code, Chapter 15. (16A-618)Spring 2005, as Proposed. The regulation would entail general revisions of the Board's current regulations. Statutory Authority: Section 4(9) of the Landscape Architects' Registration Law, 63 P. S. § 904(9). Shirley Klinger
(717) 772-8528State Board of Medicine Athletic Trainers
49 Pa. Code, Chap. 16 (16A-4915)Spring 2005, as Proposed. 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. Joanne Troutman
(717) 783-1400Licensure of Medical Doctors
49 Pa. Code §§ 17.1(b), 17.2(c) and 17.5(c)(2) (16A-4917)Summer 2005, as Final. This regulation would delete the requirements that graduates of foreign medical schools demonstrate 32 months and 4000 hours of instruction and 72 weeks of clinical instruction. It would also amend the regulation pertaining to licensure by endorsement to prove the Board greater discretion in assessing the qualifications of physicians who have extensive practice experience. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. Disciplinary Procedures
49 Pa. Code, Chapter 16, Subchapter E. (16A-4918)Spring 2005, as Final. This regulation would amend the Board's disciplinary procedures regulations to codify existing practices and to assure that in light of the passage of the Mcare Act, the procedures suggested by the Health Care Services Malpractice Act survive. Statutory Authority: Sections 8 and 9 of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.9. Acupuncture Registration
49 Pa. Code, Chapter 18, §§ 18.11--18.19 (16A-4919)Spring 2005, as Proposed. This proposed regulation will amend the Board's existing regulations so that they comport with the Act 49 amendments to the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803. Physician Assistants
49 Pa. Code, Chapter 18, Subchapter D (16A-4916)Spring 2005, as Proposed. This regulation amends the Board's regulations pertaining to physician assistants. Statutory Authority: Section 13 of the Medical Practice Act of 1985, 63 P. S. § 422.1. Subpoenas
49 Pa. Code § 16.95a (16A-4920)Spring 2005, as Statement of Policy This statement of policy outlines the circumstances under which a medical doctor may comply with a subpoena for medical records and not be subject to discipline for violating patient confidentiality. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. Respiratory Therapists' Continuing Education
49 Pa. Code, Chapter 18, Subchapter F. (16A-4921)Summer 2004, as Proposed. This regulation is needed to carry out the legislative mandate of Act 55 of 2004 which required certified respiratory care practitioners to complete 20 credits of continuing education each biennium as a condition of certificate renewal. Statutory Authority: Section 1 of Act 55 of 2004 and section 36.1(f) of the Medical Practice Act of 1985, 63 P. S. § 422.36a(f). Volunteer License
49 Pa. Code § 16.18
(number not yet assigned)Spring 2005, as Proposed. This regulation is required to amend the current regulations regarding volunteer licenses to conform to recent amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. State Board of Nursing CRNP Program Approval
49 Pa. Code §§ 21.260--278, 286--289. (16A-5119)Spring 2005, as Final. This regulation would establish requirements for CRNP education programs approved by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). Ann Steffanic
(717) 783-7142CNRP Prescriptive
Authority Fees
49 Pa. Code § 21.253. (16A-5116)Spring 2005, as Final. This regulation would revise the Board's schedule of fees to reflect the actual cost of the services provided. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2. Programs in Transition
49 Pa. Code § 21.51 (16A-5118)Summer 2005, as Final. This regulation sets requirements for hospital-based registered nurse diploma education programs to transition to degree-granting status under the authority of a college or university which is pursuing, but has not yet attained, regional accreditation. Statutory Authority: Section 2.1(k) and Section 6 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 216. Licensed Dietitian Nutritionist Regulations
49 Pa. Code §§ 21.701--21.717 (16A-5120)Spring 2005, as Proposed. Act 99 of 2002 amended the Professional Nursing Law to include the licensure of dietitian-nutritionists. These regulations implement those amendments. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). Temporary Practice Permits
49 Pa. Code §§21.7 and 21.149 (16A-5121)Spring 2005, as Final. The regulation provides for temporary practice permits for graduate professional nurses and graduate practical nurses and for currently-licensed professional nurses and practical nurses practicing in other jurisdictions who apply for licensure in this Commonwealth. Statutory Authority: Sections 2.1(k) and 4.1 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 214.1; and sections 3.1 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 653.1 and 667.6. LPN/IV Therapy
49 Pa. Code § 21.145 (16A-5122)Summer 2005, as Proposed. This regulation addresses the LPN's role in working with peripherally inserted catheters (PIC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6. RN and LPN Program Examination Pass Rates
49 Pa. Code, Chapter 21 (number not yet assigned)Summer 2005, as Proposed. This regulation will clarify the procedure for removing a nursing education program from the approved list and further establish standards for placing a nursing education program on provisional approval or removing the program from the approved list based on the failure rate for first-time examinees on the licensure examination. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k), and section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6. State Board of Nursing (cont'd) Volunteer License
49 Pa. Code, Chapter 21, Subchapter F, §§ 21.601--21.607.
(number not yet assigned)Spring 2005, as Proposed. 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 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). Ann Steffanic
(717) 783-7142State Board of Examiners of Nursing Home Administrators Requirements for Admission to Examination
49 Pa. Code § 39.5. (16A-627)Summer 2005, as Proposed. This regulation would update and revise the requirements for admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c). Christina Stuckey
(717) 783-7155State Board of Occupational Therapy Education and Licensure Oral Orders
49 Pa. Code § 42.25 (16A-675)Spring 2005, as Final (with Proposed Omitted) The regulation would amend the Board's regulations to conform to a change made by Act 30 of 2004 which now permits an occupational therapist to implement therapy for a specific medical condition based on a referral from a licensed optometrist. Statutory Authority: Sections 5(b) and 14 of the Occupational Therapy Practice Act, 63 P. S. §§ 1505(b) and 1514. Lisa Burns
(717) 783-1389State Board of Optometry General Revisions
49 Pa. Code §§ 23.1, 23.33, 23.34, 23.42, 23.64, 23.71. (16A-528)Spring 2005, as Final. The Board is making general revisions to its current regulations, including requirements that must be met for contact lens prescriptions provided at the discretion of the licensee. Statutory Authority: Sections 3(a)(2.1) and (b)(14) of the Optometric Practice and Licensure Act, 63 P. S. §§ 244.3(a)(2.1), (b)(14). Deborah Smith
(717) 783-7155Volunteer License
49 Pa. Code § 23.26 (number not yet assigned)Spring 2005, as Proposed. 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 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14). State Board of Osteopathic Medicine Continuing Medical Education
49 Pa. Code, Chap. 16 (16A-5313)Spring 2005, as Final. This regulation would implement the act of March 20, 2002 (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. Gina Bitner
(717) 783-4858Athletic Trainers
49 Pa. Code, Chap. 16 (16A-5314)Spring 2005, as Proposed. 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. Deletion of Exam Fees
49 Pa. Code §§ 25.223 and 25.231 (16A-5315)Spring 2005, as Proposed. This regulation deletes references to examination fees from the Board's regulations because the national examiners set the fees rather than the Board. Statutory Authority: Section 13.1 of the Osteopathic Medical Practice Act, 63 P. S. § 271.13a. Subpoenas
49 Pa. Code § 25.292 (16A-5316)Spring 2005, as Statement of Policy This statement of policy outlines the circumstances under which an osteopathic physician may comply with a subpoena for medical records and will not be subject to discipline for violating patient confidentiality. Statutory Authority: Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16. Volunteer License
49 Pa. Code, Chapter 25, Subchapter L, §§25.601--25.607.
(number not yet assigned)Spring 2005, as Proposed. 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. State Board of Pharmacy Technology and Automation
49 Pa. Code, Chapter 27. (16A-5410)Spring 2005, as Final. 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). Melanie Zimmerman
(717) 783-7156Drug Therapy and Administration of Injectable Medications, Biologicals and Immunizations
49 Pa. Code, Chapter 27 (16A-5412)Spring 2005, as Final. 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 and 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: Sections 9.1 and 9.2 of the Pharmacy Act, 63 P. S. §§ 390-9.1 and 390-9.2. Deletion of Examination Fees
49 Pa. Code §27.91 (16A-5413)Spring 2005, as Final. This proposed amendment deletes references to the examination fees from the board's schedule of fees to avoid the necessity of amending the regulations whenever the test administrator changes the fees. Statutory Authority: Sections 4(j) and 6(k)(1) of the Pharmacy Act, 63 P. S. §§ 390-4(j), and 390-6(k)(1). Biennial Renewal Fees
49 Pa. Code §27.91 (16A-5414)Spring 2005, as Proposed. This proposed regulation increases the biennial renewal fees for assistant pharmacists, registered pharmacists, and pharmacy permits. Statutory Authority: Sections 3(i), 6(k)(9) and 8.2 of the Pharmacy Act, 63 P. S. §§ 390-3(i); 390-6(k)(9); and 390-8.2. Supplies and Equipment
49 Pa. Code, Chapter 27 (16A-5415)Summer 2005, as Proposed. The regulation would amend existing regulations pertaining to supplies and equipment to eliminate a specific list of supplies and allow pharmacies to keep on hand supplies specific to the pharmacy's area of practice. 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) and (9). General Revisions
49 Pa. Code, Chapter 27 (16A-5416)Summer 2005, as Proposed. The proposed regulation would update the regulations of the Board to delete outdated portions and amend sections to recognize current pharmacy practice. 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) and (9). State Board of Podiatry Professional Liability Insurance
49 Pa. Code, Chapter 29, §§ 29.52--29.54 (16A-447)Spring 2005, as Final. 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. Gina Bittner
(717) 783-4858Sexual Misconduct
49 Pa. Code, Chapter 29 (16A-448)Spring 2005, as Final. 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: Sections 15 and 16(3) of the Podiatry Practice Act, 63 P. S. §§ 42.15 and 42.16(3). Registration and Practice of Acupuncture
49 Pa. Code, Chapter 29 (16A-449)Spring 2005, as Proposed. This regulation is required to establish the registration fees and regulate the practice of acupuncturists under the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803 Volunteer License
49 Pa. Code § 29.55
(number not yet assigned)Spring 2005, as Proposed. 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. State Board of Psychology Education Requirements
49 Pa. Code § 41.31 (16A-6313)Spring 2005, as Final. This regulation would require all doctoral degree programs in psychology and fields related to psychology within North American and the U.S. territories to either be accredited by the APA/CPA or designated by 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). Christina Stuckey
(717) 783-7155Qualifications
49 Pa. Code, Chapter 41 (16A-6315)Summer 2005, as Proposed. This regulation amends education, experience and examination requirements as well as creates new and amends existing supervisor requirements. Statutory Authority: Sections 3.2(1) and (2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and (2). Biennial Renewal Fees
49 Pa. Code § 41.12 (16A-6316)Spring 2005, as Proposed. This regulation would increase the biennial renewal fee for licensed psychologists. Statutory Authority: Section 3.3(a) of the Professional Psychologists Practice Act, 63 P. S. § 1203.3(a). State Real Estate Commission Reciprocal License
49 Pa. Code, Chapter 35. (16A-5610)Spring 2005, as Final. This regulation implements Act 58 of 2003, which adds provisions to the Real Estate Licensing and Registration Act related to reciprocal licenses. Act 58 became effective on February 28, 2004. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404. Deborah Sopko Schedule of Civil Penalties
49 Pa. Code § 43b.8 (16-32)Summer 2005, as Final. 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). State Board of Social Workers, Marriage and Family Therapists and Professional Counselors Continuing Education
49 Pa. Code, Chapter 47 (16A-693)Spring 2005, 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). Cindy Warner
(717) 783-1389Dual Licensing of Substance Abuse Services
49 Pa. Code § 49.17 (16A-697)Spring 2005, as Statement of Policy. 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. Sexual Misconduct
49 Pa. Code §§ 50.20--50.25 (16A-691)Spring 2005, as Final. 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). Supervised Clinical Experience
49 Pa. Code, §§ 47.12c, 48.13 and 49.13. (16A-698)Spring 2005, as Proposed. 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. State Board of Social Workers, Marriage and Family Therapists and Professional Counselors Technical Amendments
49 Pa. Code §§ 47.1 and 47.1a. (16A-699)Summer 2005, as Prop 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. Child Abuse Reporting Requirements
49 Pa. Code, Chapter 48 and 49 (16A-6910)Spring 2005, as Proposed. This regulation would extend the mandatory reporting requirements of the Child Protective Services Law (CPSL) to marriage and family therapists and professional counselors. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2) and Section 6383 of the CPSL, 23 Pa.C.S. § 6383. Code of Ethics
49 Pa. Code, Chapter 47, 48 and 49 (16A-6911)Summer 2005, as Proposed. The regulation would establish a code of ethics and standards of professional conduct for social workers, clinical social workers, marriage and family therapists and professional counselors licensed by the board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2). State Board of Examiners in Speech-Language and Hearing Continuing Education
49 Pa. Code, Chapter 45. (16A-6802)Spring 2005, as Final. 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). Cindy Warner
(717) 783-1389Assistant Regulations
49 Pa. Code §§ 45.301--308. (16A-6801)Spring 2005, as Proposed. This amendment would update the regulatory provisions pertaining to assistants. Statutory Authority: Section 5(8) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(8). State Board of Vehicle Manufacturers, Dealers and Salespersons Protest Procedures
49 Pa. Code, Chapter 19. (16A-608)Spring 2005, as Proposed. This regulation would establish procedures to be followed in franchise protest hearings. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9). Teresa Woodall
(717) 783-1697Act 48 of 1993 Civil Penalties
49 Pa. Code, Chapter 43b. (16-32)Summer 2005, as Final. This regulation would amend the schedule of Act 48 of 1993 civil penalties for 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). State Board of Veterinary Medicine Certified Veterinary Technician Specialties
49 Pa. Code § 31.38. (16A-5716)Spring 2005, as Proposed. This regulation would provide that only an individual certified by a veterinary technology academy recognized by the National Association of Veterinary Technicians may hold himself or herself out as a specialist. Statutory Authority: Section 11 of the Veterinary Medicine Practice Act, 63 P. S. § 485.11. J. Robert Kline
(717) 783-7134STATE EMPLOYEES' RETIREMENT SYSTEM 4 Pa. Code § 241.1. (definition of class of service multiplier) Summer 2005 Regulations have been superseded by statutory amendments M. Catherine Nolan
(717) 237-03924 Pa. Code § 243.8.Classes of service. Sean Sanderson
(717) 237-02614 Pa. Code § 249.2(a) Administrative duties of the Board. STATE POLICE
Interception, maintenance, and destruction of Mobile Video Recordings
37 Pa. Code Chapter 50June 2005, as proposed. Act 53 of 2002 requires the State Police Commissioner, in consultation with the Attorney General, to promulgate these regulations. 18 Pa.C.S. §§ 5704(16), 5749 Syndi L. Guido
(717) 772-0905DNA Detection of Sexual and Violent Offenders.
37 Pa. Code Chapter 58June 2005, as proposed Act 185 of 2004 repealed Chapter 47 of Title 42 of the Pennsylvania Consolidated Statutes and amended Title 44 to add Chapter 23, DNA Data and Testing. The act requires the State Police to promulgate rules and regulations to carry out its provisions. Syndi L. Guido
(717) 772-0905Administration of Megan's Law--Neighbor Notification
37 Pa. Code Chapter 55June 2005, as proposed 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. See 42 Pa. C.S. § 9799.1 Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them in light of Act 152 of 2004, which made substantive amendments to Megan's Law. Syndi L. Guido
(717) 772-0905STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date. TRANSPORTATION
Emission Inspection
67 Pa. Code, Chapter 1772005-2006 This regulation must be retained to stay in compliance with clean air goals. Due to various Vehicle Code amendments and other desired changes, amendments to the regulations are required in the areas of: inspection station signage, inspection sticker ordering procedures, the number of tests per hour, trigger provisions for program test types and frequency and definitions. John Munafo
(717) 787-2171Temporary Registration Cards and Plates
67 Pa. Code, Chapter 432005-2006 Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation as these items are now addressed in the required contracts. Joe Centurione
(717) 787-2171School Buses and School Vehicles
67 Pa. Code, Chapter 171September 2005 This regulation revision is needed to allow new and improved safety equipment and vehicle technology that is not included in the current regulation. Manufacturers are making new buses available with these safety improvements, but the current regulations do not include installation or use of this new safety equipment. Chris Miller
(717) 346-9479Vehicle Equipment and Inspection
67 Pa. Code, Chapter 1752005-2006 Several changes in law currently supercede some facets of this regulation. Due to various Vehicle Code amendments and other desired changes, amendments to the regulations are required in the areas of: hours or inspection station operation, the coordination of inspection and registration, street rod equipment requirements, refunds for unused stickers, definitions and the elimination of delayed language. John Munafo
(717) 787-2171Driver's License Exam 67 Pa. Code, Chapter 75 April 2005 HB1912, Act 76 passed July 15, 2004, requires us to allow chiropractors to complete this physical. The regulation will be revised to allow chiropractors to complete the learner's permit physical. Anne Titler
(717) 783-4737Special Mobile Equipment
67 Pa. Code, Chapter 132005 Act 211 of 2004, which takes affect January 29, 2005, changed the vehicle code definition of special mobile equipment. The regulation needs revised to align that definition change. Joe Centurione
(717) 787-2171Transfer, Exchange & Reclassification of Registration
67 Pa. Code, Chapter 51June 2005 An amendment is needed to eliminate the transfer fee dollar amount reference, and replace with a reference to Section 1927 of the Vehicle Code. This will eliminate regulatory changes every time a fee increase occurs. Phil VanBriggle
(717) 787-2171School Bus Drivers
67 Pa. Code, Chapter 71September 2005 The regulation needs to be revised to allow Chiropractors to complete the school bus driver physical. HB1912, Act 76, passed July 15, 2004, requires this physical. Chris Miller
(717) 346-9479Occupational Limited License
67 Pa. Code, Chapter 86March 2005 Ordered by legislation to clarify investigative process for occupational limited license. SB8, Act 24, passed September 30, 2003, requires the Department to promulgate regulations to clarify how and when the Department will require additional information or conduct an investigation regarding a petition for an occupational limited license. Anne Titler
(717) 783-4737Ignition Interlock
67 PA. Code, Chapter 88March 2005 Ordered by legislation to clarify procedures and penalties associated with ignition interlock. SB8, Act 24, passed September 30, 2003, requires the Department to promulgate regulations to provide administrative direction for the ignition interlock program and to provide a mechanism for making a financial-hardship exemption available for the ignition interlock requirements. Anne Titler
(717) 783-4737Messenger Services
67 Pa. Code, Chapter 2552005-2006 Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations, or fines will be removed from the regulation as these items are now addressed in the required contracts. Joe Centurione
(717) 787-2171Child Passenger Protection
67 Pa. Code, Chapter 102June 2005 Under Act 229, regulations are needed exempting the use of child passenger restraint systems when impractical for physical reasons, including but not limited to, medical reasons or size of the child. D.J. Reed
(717) 783-4577201--Engineering & Traffic Studies
67 Pa. Code, Chapter 201June 2005 Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices, therefore, the regulation will become part of a new Chapter 212. This chapter will be deleted. Richard Sesny
(717) 783-6080Work Zone Traffic Control
67 Pa. Code, Chapter 203June 2005 Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices, therefore, the regulation will become part of a new Chapter 212. This chapter will be deleted. Richard Sesny
(717) 783-6080Additional Traffic Control Devices in Highway Work Zones - Statement of Policy
67 Pa. Code, Chapter 204June 2005 Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices, therefore, the regulation will become part of a new Chapter 212. This chapter will be deleted. Richard Sesny
(717) 783-6080Official Traffic Control Devices
67 Pa. Code, Chapter 211June 2005 Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices, therefore, the regulation will become part of a new Chapter 212. This chapter will be deleted. Richard Sesny
(717) 783-6080Posting of Private Parking Lots
67 Pa. Code, Chapter 217June 2005 Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices, therefore, the regulation will become part of a new Chapter 212. This chapter will be deleted. Richard Sesny
(717) 783-6080Hazardous Material Transportation
67 Pa. Code, Chapter 403June 2005 Some changes are required to accommodate changes in the Federal Hazardous Materials Transportation Regulations. Dan Smyser
(717) 787-7445Access to and Occupancy of Highways by Driveways and Local Roads
67 Pa. Code, Chapter 441June 2005 Update to better reflect current requirements. Dan Smyser
(717) 787-7445Pre-qualification of Bidders
67 Pa. Code, Chapter 457June 2005 36 P. S. Section 670-404.1 ''Prequalification of Bidders'' mandates the Department to have regulations to establish and maintain a system for the qualification of competent and responsible bidders. Joe Cribben
(717) 787-3733Alcohol Highway Safety Schools and Driving Under the Influence Program Coordinators
67 Pa. Code, Chapter 94June 2005 This is a new regulation being promulgated to comply with 75 Pa.C.S. § 1549(b). Dave Holt
(717) 787-6853
[Pa.B. Doc. No. 05-257. Filed for public inspection February 4, 2005, 9:00 a.m.]
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