[26 Pa.B. 3170]
[Continued from previous Web Page] Duplicating
61 Pa. Code § 31.22September 1996, as proposed. The regulation adds language addressing duplication of documents provided by the customer; details the treatment of duplication of documents not provided by the customer; and explains that when the document being duplicated is provided by the vendor In the ordinary course of business, the charge for copies is taxable unless the document is an official document. In addition, the regulation also explains that vendors may claim the resale exemption on purchases of tangible personal property, such as toner or paper, that is transferred to the customer In connection with the sale of a duplicated document. Douglas A. Berguson, 717-787-1382 Electronic Funds Transfer
61 Pa. Code § 5.3September 1996, as final-omitted. This regulation amends § 5.3 (relating to payments required to be paid by electronic funds transfer) to update the address for remitting an electronic funds transfer payment In person or by courier. Douglas A. Berguson, 717-787-1382 Further Examination of Books and Records
61 Pa. Code §§ 6.22, 8a.1 and 35.1October 1996, as final. This regulation interprets section 2915-A of the act of June 30, 1995 (P.L. 139, No. 21) (Act 21) by adding § 8a.1 (relating to further examination of books and records). It also deletes § 6.22 (relating to further examination of books and records) because the section will not be necessary upon final publication of § 8a.1. To avoid confusion, § 35.1 (relating to tax examinations and assessments) is being amended to delete language that is similar In nature to § 8a.1. Section 2910-A of Act 21 required the Department to develop regulations to implement the provisions of Article XXIX-A. Tax Amnesty Program, of which section 2915-A, further examination of books and records, is a part. Douglas A. Berguson, 717-787-1382 Lawn Care Services
61 Pa. Code §§ 55.6 and 60.2November 1996, as final. This regulation sets forth the Department's interpretation of 72 P.S. §§ 7201(k)(17), (o)(15) and (jj) relating to the taxation of lawn care services. Currently the Department's interpretation is set forth as a pronouncement and codified at 61 Pa. Code § 60.2 (relating to lawn care services). Department has concluded that its policy relating to this service should be set forth as a regulation. Therefore, In addition to proposing to add § 55.6 (relating to lawn care services), the Department is also proposing to delete the pronouncement set forth at § 60.2. Douglas A. Berguson, 717-787-1382 Local Tax
61 Pa. Code §§ 60.16, and 95.1 - 95.303October 1996, as proposed. This regulation sets forth the Department's interpretation of sections 501-509 of the Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class (53 P.S. §§ 12720.501 - 12720.509), sections 3150-B - 3157-B of the Second Class County Code (16 P.S. §§ 6150-B - 6157-B) and section 201-A of the Tax Reform Code of 1971 (72 P.S. § 7201-A). Currently the Department's interpretation is set forth as a pronouncement and codified at 61 Pa. Code § 60.16 (relating to local sales, use and hotel occupancy tax). The Department has concluded that its policy relating to local sales, use and hotel occupancy tax should be set forth as a regulation. Therefore, In addition to proposing to add Chapter 95. Local Tax, the Department is also proposing to delete the pronouncement set forth at § 60.16. Douglas A. Berguson, 717-787-1382 Passenger Car Rental Tax
61 Pa. Code §§ 9.14 and 47.20January 1997, as final. This regulation sets forth the Department's interpretation of Article XVI-A Passenger Car Rental Tax (72 P.S. §§ 8601-A - 8604-A). Currently the Department's interpretation is set forth as a pronouncement and codified at § 9.14 (relating to passenger car rental tax). The Department has concluded that its policy relating to Article XVI-A should be set forth as a regulation. Therefore, In addition to proposing to add § 47.20 (relating to passenger car rental tax), the Department is also proposing to delete the pronouncement set forth at § 9.14. Douglas A. Berguson, 717-787-1382 Public Transportation Assistance Fund Taxes and Fees
61 Pa. Code §§ 9.4 and 47.19June 1996, as proposed. This regulation sets forth the Department's interpretation of 72 P.S. § 9301 relating to public transportation assistance fund taxes and fees. Currently the Department's interpretation is set forth as a pronouncement and codified at § 9.4 (relating to public transportation assistance fund taxes and fees). The Department has concluded that its policy relating to public transportation assistance fund taxes and fees should be set forth as a regulation. Therefore, In addition to proposing to add § 47.19 (relating to public transportation assistance fund taxes and fees), the Department is also proposing to delete the pronouncement set forth at § 9.4. Douglas A. Berguson, 717-787-1382 Return of Information as to Payment In Excess of $10
61 Pa. Code § 117.18September 1996, as proposed. This regulation amends § 117.18 (relating to return of information as to payment In excess of $10) to clarify how a Pennsylvania information return may be made by a regulated investment company. In March, 1996, the Department adopted a final-form regulation that amended § 117.18 In addition to other personal income tax regulatory sections. During the final stages of the adoption process, a comment was made regarding the information return made by a regulated investment company. To avoid delay In adoption of the entire regulatory package, the Department agreed to amend the section In a separate regulation. Douglas A. Berguson, 717-787-1382 Telecommunications Service
61 Pa. Code §§ 31.1, 31.24, 48.1 and 55.8October 1996, as proposed. This regulation sets forth the Department's interpretation of the 1991 statutory changes set forth In section 201(m), 202(c) and 204(5) of the Tax Reform Code of 1971 (72 P.S. §§ 7201(m), 7202(c) and 7204(5)) regarding telephone, telegraph and telecommunications services. Douglas A. Berguson, 717-787-1382 Sales and Use Tax Amendments
61 Pa. Code §§ 7.3, 7.6, 31.4, 31.5, 31.7, 31.26, 32.1 - 32.5, 32.21, 32.22, 32.31 - 32.37, 33.1, 33.2, 33.4, 42.1, 42.3, 44.2, 45.1, 46.9, 47.18 and 58.13October 1996, as proposed. The Department is proposing numerous amendments to the Pennsylvania Code, Title 61. This regulatory package is the result, In part, of a comprehensive review of sales and use tax regulations In light of legislative changes from 1991 to the present. Douglas A. Berguson, 717-787-1382 STATE
Bureau of Charitable Organizations Fall 1996, as proposed. The Department proposes to repeal obsolete existing regulations codified at 49 Pa. Code Chapter 51.1 et seq. The regulations were initially promulgated under earlier statutes which were repealed by the Solicitation of Funds for Charitable Purposes Act (10 P.S. § 162.1 et seq.). Karl Emerson (717) 783-1720 Bureau of Commissions, Elections and Legislation Fall 1996, as proposed. The Department proposes to repeal 4 Pa. Code Chapter 182.1 relating to the Statewide Central Registry Feasibility Study. The regulation is obsolete because the study was mandated to be completed by July 1, 1996 pursuant to Section 301 of the Pennsylvania Voter Registration Act (25 P.S.§ 961.301) . The Department proposes comprehensive revisions the Bureau's regulations found at 4 Pa. Code Chapters 171-181. The purpose will be to eliminate obsolete regulations and reflect recent statutory changes including the provisions relating to the Pennsylvania Voter Registration Act. The amendments will be proposed pursuant to the Pennsylvania Voter Registration Act (25 P.S. § 961.301), and the Pennsylvania Election Code (25 P.S. § 2601 et seq ). Richard Filling, (717) 787-5280 State Athletic Commission Fall 1996, as proposed. The State Athletic Commission (SAC) proposes to amend 58 Pa. Code Chapter 21 to require that professional boxers and kickboxers submit, as part of their annual application for licensure, a report from a licensed medical laboratory that the applicant has tested negative for HIV. The SAC also proposes to amend 58 Pa. Code Chapters 3 and 5 to: 1) clarify that the senior SAC official administering a professional boxing event has control of the space and seating adjacent to the ring, and 2) establish SAC credentials that would give a predetermined number of individuals admission to professional boxing events. The SAC will also consider omnibus revisions to 58 Pa. Code , Part I to bring the SAC's regulations into compliance with both the revisions to the Pennsylvania Athletic Code as well as changes In the SAC's procedures. The regulations will be promulgated pursuant to the Pennsylvania Athletic Code (5 Pa. C.S.A. § 101 et. seq). Greg Sirb
(717) 787-5720Navigation Commission for the Delaware River and Its Navigable Tributaries Summer 1996, as proposed. The Navigation Commission will propose comprehensive revisions to 13 Pa. Code Chapters 201 - 209 to enhance navigational safety, eliminate obsolete regulations and to reflect statutory changes pursuant to 55 P.S. § 31 and 71 P.S. § 670.2(4). Brian Gottlieb, (717) 787-6458 State Board of Auctioneer Examiners Absolute Auctions - 49 Pa. Code § 1.41. January 1997, as proposed. The proposal would identify those auctions In which the term ''absolute auction'' (an auction of sale to the highest bidder without any reserve limitation or conditions) may be used In auctioneer advertising and when conducting an auction. The regulation will protect the consumer at auctions by making false or deceptive advertising or auctioneering grounds for discipline. The Board has authority to regulate the conduct of licensed auctioneers under Section 32 of the Auctioneer and Auction Licensing Act, Act of December 22, 1983, P.L. 327, 63 P.S. § 734.32. Linda Dinger (717) 783-3397. Approved Course of Study - 49 Pa. Code § 11.11 March 1997, as proposed. The proposal would establish standards for school course practicum work In auctioneering. The regulation will permit the Board to verify the minimum level of education the Board believes necessary for licensure. Legal authority for the regulation is Section 32, 63 P.S. § 34.32. Sponsorship of Apprentices - 49 Pa. Code § 1.31. March 1997, as proposed. The proposal would require that sponsors provide minimum training of apprentices and document supervision of apprentices whom they employ. The regulation is needed to provide objective standards for sponsors to follow In training and supervising apprentices whom they employ and whose apprenticeship qualifies them for licensure. Legal authority for the regulation is Section 32, 63 P.S. § 734.32. Linda Dinger (717) 783-3397. State Board of Barber Examiners
49 Pa. Code Chapter 3.Fall 1998, as proposed. Revision of all regulations. Updating all regulations and deleting antiquated provisions. 63 P.S. § 566.4 (b). Kathleen Davis (717) 783-3402 State Board of Chiropractic Child Abuse Reporting - 49 Pa. Code §§ 5.1; 5.91-5.96. September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise chiropractors of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311, make reporting requirements a standard of professional conduct, and inform chiropractors that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Deborah Orwan (717) 783-7156 Sexual Misconduct - 49 Pa. Code § 5.54. January 1997, as proposed. The Board intends to propose regulations identifying those acts and conduct which the Board finds inimical to the welfare of the patient. Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that standards of conduct are needed to notify licensees of acts which the Board deems unprofessional conduct. The Board has authority to adopt regulations necessary to carry out the act under Section 302(3) of the Chiropractic Practice Act, Act of December 16, 1986, P.L. 1646, as amended, 63 P.S. § 625.302(3). Peer Review
49 Pa. Code § 5.55.January 1997, as proposed. The proposal would regulate standards for review of chiropractic treatment. The proposal would assure that when chiropractic diagnosis and treatment are subject to utilization review by chiropractors, appropriate standards will be employed. The statutory authority for the regulation is Section 302(3) of the Act, 63 P.S. § 625.302(3). Examination and Business Practices
49 Pa. Code § 5.15, §§ 5.31, 5.32.March 1997, as proposed. Examinations In chiropractic techniques and jurisprudence will be adopted and fees established. The regulations In professional advertising and business aspects of chiropractic practice will be amended to delete unnecessary restrictions. Under Section 502, 63 P.S. § 625.502, professional testing services must prepare and administer all licensure examinations. The regulations In professional and business aspects of chiropractic practice will be amended to delete unnecessary restrictions under Section 302(3), 63 P.S. § 625.302(6). State Board of Cosmetology Disinfection, Equipment and Supplies
49 Pa. Code §§ 7.71, 7.71a, 7.71b, 7.114; and 7.105.December 1996, as proposed. These regulations update necessary equipment which is required to be available and In use In cosmetology shops. The regulations establish minimum safety sanitation requirements In cosmetology shops under Section 11 of the Act of May 3, 1933, P.L. 242, as amended, 63 P.S. § 517. Sara Sulpizio (717) 783-7130 State Architects Licensure Board Examinations
49 Pa. Code § 9.41, 9.111, 9.112, 9.113.December 1996, as proposed. The revision will adopt computer adaptive testing for examination candidates. The National Council of Architect Registration Boards will make computer adaptive tests available to candidates In 1997. Fee and application procedures regulations will be revised to adopt the new costs and examination dates. Legal Authority: Section 6(d) of the Architects Licensure Law, Act of December 14, 1982, P.L. 1227, 63 P.S. § 34.6(d). Kathleen Davis (717) 783-3398 General Revisions 49 Pa. Code §§ 9.1 -9.211. January 1997, as proposed. The amendments will delete unnecessary and outmoded provisions and revise language concerning requirements for licensure, professional conduct and board procedures. The regulations provide necessary guidance to applicants for licensure In Pennsylvania and will notify licensees of disciplinary process and procedures. Legal authority: Section 6(a) of the Law, 63 P.S. § 34.6(a). State Board of Accountancy Continuing Education Program Sponsors
49 Pa. Code §§ 11.1, 11.4, 11.64, 11.65, 11.66, 11.70-11.73, 11.80.January 1997, as proposed. The regulations will require program sponsors to biennially renew and authorize the Board to conduct audits of programs. The regulations assure that continuing education programs meet licensure renewal needs under Section 9.3(10) of the C.P.A. Law, Act of May 26, 1947, P.L. 318, as amended, 63 P.S. § 9.3(10). Dorna Thorpe (717) 783-1404. State Board of Funeral Directors Child Abuse Reporting
49 Pa. Code §§ 13.301-13.307.September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise funeral directors of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform funeral directors that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Kathleen Davis (717) 783-3397. Examinations
49 Pa. Code §§ 13.71, 13.72.October 1997, as proposed. Intern training requirement for applicants will be revised to allow applicants to take the exam prior to completion of training. The regulation is needed to allow applicants for licensure the flexibility to qualify for and take the licensure exam and obtain training In a funeral establishment. Legal authority: Section 3(d) and (f) of the Funeral Director Law, Act of January 14, 1952, P.L. (1951) 1898), as amended, 63 P.S. § 279.3(d), (f). Disposition of Bodies - 49 Pa. Code § 13.184, 13.212. November 1997, as proposed. These amendments will require the prompt disposition of bodies, expressly prohibit the retention of a body because of a fee dispute and delete the 24 hour waiting period for cremations. The amendments are needed to ensure that funeral directors' services meet the wishes of the family. Legal authority: Section 16(a) of the Law, 63 P.S. § 479.16(a). State Board of Landscape Architects Continuing Education - 49 Pa. Code § 15.71-15.83. September 1996, as proposed. The amendments establish procedures and standards for continuing education as a condition of biennial renewal. The Board is required to adopt regulations establishing requirements of continuing education as a condition for renewal of a license under Section 9.1 of the Landscape Architects' Registration Law, Act of January 24, 1966, P.L. (1965) 1527, added by the Act of December 7, 1994, P.L. 774, 63 P.S. § 909.1 Dorna Thorpe, (717) 783-3397 State Board of Medicine Child Abuse Reporting
49 Pa. Code §§ 16.101-16.107.September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise Board regulated practitioners of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311; make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Cindy Warner (717) 783-1400. Respiratory Care Practitioners - 49 Pa. Code, Chapter 18. February 1997, as final. These regulations were published as proposed rulemaking on February 24, 1996. The regulations define the process and procedures for persons who wish to become certified by the Board as respiratory care practitioners. Section 13a of the Medical Practice Act, 63 P.S. § 422.13a, enacted In 1993 requires the Board to establish standards and criteria for certification of respiratory care practitioners. Sexual Misconduct - 49 Pa. Code, Chapter 16. January 1997, as proposed. The Board intends to propose regulations identifying those acts and conduct which the Board finds inimical to the welfare of the patient. Through the monitoring of its disciplinary process, including the consumer complaints and disciplinary actions, the Board believes that standards of conduct are needed to notify licensees of acts which the Board deems unprofessional and which would form the basis for policy and disciplinary measures In regulating the profession. The Board has authority to adopt regulations necessary to carry out the act under Section 8 of the Medical Practice Act, 63 P.S. § 422.8. Complaint Process - 49 Pa. Code § 16.62. No publication anticipated In next six months. Regulations which now provide for recommendation by the Board prosecutor to the Board on the disposition of complaints will be deleted. The regulations were declared invalid In Lyness v. State Board of Medicine, 605 A.2d 1204 (1992). The Board has authority to repeal these regulations under Section 8 of the Medical Practice Act of 1985, Act of December 20, 1985, P.L. 457, as amended, 63 P.S. § 422.8. Certified Registered Nurse Practitioners (CRNPs)
49 Pa. Code § 18.21.No publication anticipated in next six months. The Board intends to collaborate with the State Board of Nursing to jointly promulgate standards and criteria by which CRNPs could write prescriptions for medical therapeutic measures. Provide for prescriptive authority of the CRNP in the Commonwealth under Section 15 of the Medical Practice Act, 63 P.S. § 422.15. Cindy Warner (717) 783-1400. Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP) - 49 Pa. Code § 18.41. Summer 1997, as proposed. This regulation would require that all CRNP programs applying for approval by the Board meet specific criteria prior to approval. The regulations will assist educational institutions in developing programs in advanced practice nursing which will qualify graduates for certification as CRNPs. The Board has authority to jointly promulgate with the Nurse Board under Section 15(b) of the Medical Practice Act, 63 P.S. § 422.15(b). Sympathomimetic Amines - 49 Pa. Code § 16.96. No publication anticipated in next six months. The regulations regulate the prescription, administration and dispensing of sympathomimetic amines by medical doctors. Existing regulations were sunsetted January 17, 1992. The Board intends to continue the regulations under the authority of Sections 8 and 41(8)(ii) of the Medical Practice Act, 63 P.S. §§ 422.8 and 422.41(8)(ii). State Board of Vehicle Manufacturers, Dealers and Salespersons General Provisions, Licensure, Facility requirements
49 Pa. Code §§ 19.1-19.23December 1997, as proposed. The Board intends to revise all of its regulations to delete outdated provisions and take into account industry-wide changes in business practices. The amendments are needed to conform to changes in the 1996 amendments to the Board of Vehicles Act or conform to industry standards. The Board has authority to promulgate regulations under Section 4(9) of the Board of Vehicles Act, Act of December 22, 1983, as amended, 63 P.S. § 818.4(9). Teresa Woodall (717) 783-1697 State Board of Nursing Child Abuse Reporting
49 Pa. Code §§ 21.501-21.507.September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise RNs, LPNs, and CRNPs of the reporting requirements under the Child Protective Services Law, 23 Pa. C.S. § 6311, make reporting requirements a standard of professional conduct and inform Board regulated practitioners that the reporting requirement supersedes any other professional or ethical standard. The regulations are required by the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2). Ann Steffanic (717) 783-7142 Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP)
49 Pa. Code § 21.271.Summer 1997, as proposed. This regulation would require that all CRNP programs applying for approval by the Board meet specific criteria prior to approval. The regulations authorized under Section 6.1 of the Professional Nursing Law, 63 P.S. § 216.1, will assist educational institutions in developing programs in advanced practice nursing which will qualify graduates for certification as CRNPs. The Board has authority to jointly promulgate with the Medical Board under Section 2(1) of the Law, 63 P.S. § 212(1). Responsibilities of the Registered Nurse and Licensed Practical Nurse - 49 Pa. Code §§ 21.11, 21.12, 21.13, 21.14, 21.15, 21.16, 21.145. Summer 1997, as proposed. These regulations would confirm the registered nurse's authority to accept verbal orders and authorize licensed practical nurses to accept verbal orders for medical and therapeutic regimens, update, clarify and delete unnecessary language pertaining to the functions of registered nurses and authorize licensed practical nurses as well as registered nurses to administer drugs. The regulation of the practice of nursing and licensed practical nursing by the Board is authorized under 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.
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