[26 Pa.B. 3170]
[Continued from previous Web Page] RN general revisions
49 Pa. Code §§ 21.1 - 21.126.Summer 1997, as proposed. These regulations will update or delete outdated provisions pertaining to registered nurses. It would also consolidate all regulatory provisions pertaining to registered nurse education programs. Revisions to the regulations are authorized by Section 2.1(k) of the Professional Nursing Law, 63 P.S. § 212.1(k). LPN general revisions
49 Pa. Code §§ 21.141 - 21.234.Spring 1998, as proposed. These regulations will update or delete outdated provisions pertaining to licensed practical nurses. It would also consolidate all regulatory provisions pertaining to practical nurse education programs. Revisions to the Practical Nurse Law are authorized under Section 17.6, 63 P.S. § 667.6. Ann Steffanic (717) 783-7142 CRNP prescriptive privileges
49 Pa. Code §§ 21.151 - 21.351.Summer 1997, as proposed. These regulations, to be promulgated by both the State Board of Medicine and the State Board of Nursing, would authorize CRNPs to prescribe medications in cooperation with a licensed physician. These regulations, authorized under Section 2 and 2.1 under the Professional Nursing Law, 63 P.S. §§ 212 and 212.1(k), and Section 15 of the Medical Practice Act of 1985, 63 P.S. § 422.15, will clarify and update current, ambiguous provisions regarding CRNP's prescriptive authority. Delegation
49 Pa. Code § 21.14 and 21.18.Summer 1998, as proposed. The Board plans to develop amendments permitting registered nurses to delegate administration of medications and other functions to unlicensed assistive personnel. These regulations, authorized under Section 2.1(k) of the Professional Nursing Law, 63 P.S. § 212.1(k), will promote the delivery of health care by establishing parameters under which nurses may safely allow assistants to administer medications. Sexual Misconduct 49 Pa. Code §§ 21.18 and 21.148. 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 2.1(k) of the Professional Nursing Law, 63 P.S. § 212.1(k). State Board of Optometry Child Abuse Reporting
49 Pa. Code §§ 23.1; 23.111-23.116.September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise optometrists 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). Deborah Orwan (717) 783-7134 Sexual Misconduct
49 Pa. Code Chapter 23.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 3(a)(14) of the Optometric Practice and Licensure Act, Act of June 6, 1980, P.L. 197, as amended, 63 P.S. § 244.3(a)(14). General Revisions
49 Pa. Code Chapter 23June 1997, as proposed. The Board proposes to revise regulations concerning fee sharing, corporate and fictitious name practice, specialty advertising and reciprocity. The Board intends to remove regulations which unduly burden optometrist in the business structure of practices and in procedures related to reciprocal licensure, as well as to clarify the parameters of specialty advertising; Statutory authority: Section 3(a)(14) of the Optometric Practice and Licensure Act, Act of June 6, 1980, P.L. 197, as amended, 63 P.S. § 244.3(a)(14). State Board of Osteopathic Medicine Child Abuse Reporting
49 Pa. Code §§ 25.401; 25.411-25.416September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise osteopathic physicians, physician assistants and certified respiratory care therapists 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). Gina Bittner
(717) 783-4858Respiratory Care Practitioners
49 Pa. Code §§ 25.292-25.295September 1996, as final. The final regulations will provide for the process and procedures for applicants for registration as certified respiratory care practitioners. Sections 10.1(c) and 10.2 of the Osteopathic Medical Practice Act (OMPA), 63 P.S. §§ 271.10a(c) and 271.10(b), require the Board to issue certificates and temporary permits to individuals meeting the qualifications set forth in the OMPA to practice or offer to practice respiratory care in the Commonwealth. Section 10.1(c) also authorizes the Board to establish procedures for application, credentials verification, examination, certification and fees. These regulations establish the procedures. Renewal Fees
49 Pa. Code § 25.231.September 1996, as final. The Board will adopt final regulations which establish a new biennial fee commencing with the November, 1996-98 renewal cycle. Section 13.1 of the OMPA, 63 P.S. § 271.13a requires the Board to fix fees by regulation to meet expenditures over a 2-year period and to increase fees to meet or exceed projected expenditures. The Board proposed an increase in fees to avoid a deficit beginning in FY 1997-98. Sexual Misconduct
49 Pa. Code, Chapter 25January 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 16 of the Osteopathic Medical Practice Act, 63 P.S. § 271.16. Gina Bittner
(717) 783-4858State Board of Pharmacy General Revisions
49 Pa. Code Chapter 27.January 1997, as final. The Board proposes to delete outdated and redundant regulations and to clarify language in others. The proposal is needed to eliminate outdated and redundant language, conform the regulations to reflect changes in state and federal law and clarify practice parameters and standards. Sections 3(f), 4(j), 6(k)(1) and (9) of the Pharmacy Act, Act of September 27,1 961, P.L. 1700, as amended, 63 P.S. §§ 390-3(f), 390-4(j), 390-6(k)(1) and 390-6(k)(9), authorize the promulgation of these amendments. W. Richard Marshman
(717) 783-715Facsimile Machines
49 Pa. Code §§ 27.1 and 27.19.January, 1997, as final. The amendments would authorize pharmacists to accept prescriptions via facsimile transmissions. The amendment is designed to conform to Federal Drug Enforcement Administration amendments providing for transmission of controlled substance prescriptions between prescriber and dispenser via facsimile machine. The amendments are authorized under sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, Act of September 27, 1961, P.L. 1700, as amended, 63 P.S. §§ 390-4(j) and 390-6(k)(1) and (9). State Board of Podiatry Child Abuse Reporting
49 Pa. Code §§ 29.91-29.97.September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise podiatrists 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). Gina Bittner
(717) 783-4858Sexual Misconduct
49 Pa. Code, Chapter 29.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 16(a)(3) of the Podiatry Practice Act, Act of March 2, 1956, P.L. (1955) 1206, 63 P.S. § 42.16(a)(3). State Board of Veterinary Medicine General Information
49 Pa. Code §§ 31.3, 31.11-31.13, 31.15 and 31.16.September 1996, as final. These final form regulations provided procedures for applicants for examinations, temporary permits, licensure renewal, continuing education and approved providers of continuing education courses. The regulations provide necessary guidance to applicants and licensees. Section 5(1) of the Veterinary Medical Practice Act, Act of December 27, 1974, P.L. 995, as amended, 63 P.S. § 485.5(1). Robert Kline
(717) 783-1389Veterinary establishments & mobile clinics, Rules of Professional Conduct
49 Pa. Code §§ 31.1, 31.21, 31.25, and 31.26.Summer 1996, as final. These final form regulations establish minimum standards for veterinary establishments and mobile clinics, and rules of professional conduct for veterinarians to address the veterinarian/ client/patient relationship. The regulations establish minimum standards for animal hospitals and clinics, mobile clinics and use of drugs as an ethical principle. Legal authority is Section 5(1), (2), 63 P.S. §§ 485.5(1) and (2). Rules of Professional Conduct
49 Pa. Code § 31.21.Winter 1997, as proposed. The proposal would regulate advertising emergency services and requirements to terminate the veterinarian/client relationship. The Board is authorized to establish standards of professional conduct under Section 5(2) of the Act, 63 P.S. § 485.5(2). State Board of Dentistry Child Abuse Reporting
49 Pa. Code §§ 33.1; 33.250-33.255.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). June Barner
(717) 783-7162Fees
49 Pa. Code § 33.3.Winter 1997, as proposed. The regulations will establish temporary and certification fees for expanded function dental assistants (EFDAs) and increase application fees for dentists and dental hygienists. The Dental Law requires the Board to issue temporary permits and certificates for EFDAs and collect a fee for those documents, 63 P.S. §§ 122(d.1) and 130h. In addition, the Law requires the Board to collect the costs associated with the review of applications. Sexual misconduct
49 Pa. Code, Chapter 33.Winter, 1997, as proposed. The regulation removes Section 33.211(5) of the regulations from the unprofessional conduct section and will establish a separate provision relating to sexual misconduct. Reports of sexual misconduct by health care practitioners are on the rise. This regulation will provide licensees with guidance in this area, as authorized under Section 3(o) of the Dental Law, Act of May 1, 1933, P.L. as amended, 63 P.S. § 122(o). Advertising
49 Pa. Code § 33.203(b)(4).Summer/Fall, 1997, as proposed. The regulation will add a provision to the advertising regulations regarding the advertising of dental referral services. Section 4.1(a)(10) of the Dental Law prohibits false, misleading or deceptive advertising. The Board believes that the failure to advise patients that a dentist pays a fee for participation in a dental referral service falls within that prohibition and should be included in Section 33.203(b) of the regulations. June Barner
(717) 783-7162Expanded Function Dental Assistants
49 Pa. Code, Chapter 33.1997, as proposed. The regulations will add EFDAs to the appropriate sections of the dental regulations including general provisions and minimum standards of conduct and practice. In December 1994, the Dental Law was amended to authorize the certification of expanded function dental assistants (EFDAs). As a result, many provisions need to be amended to add EFDAs. State Real Estate Commission Cemetery Companies and Cemeteries
49 Pa. Code §§ 35.401-35.403.Winter 1997, as proposed. These regulations would impose responsibilities on cemetery companies to account for funds and maintain cemetery property. The Commission currently has no regulations that apprise cemetery companies of how the Commission interprets their duties and obligations under 9 Pa. C.S. § 101 et seq. (relating to burial grounds) and the Real Estate Licensing and Registration Act, 63 P.S. § 455.101 et seq. The Commission's proposal would establish minimum standards for a cemetery company's operation of a cemetery; would identify permissible uses of income from a cemetery company's permanent lot care fund; and would clarify the Commission's authority to take disciplinary action against a cemetery company that behaves incompetently, dishonestly or in bad faith with regard to any aspect of a cemetery's operation. Statutory Authority: 63 P.S. § 455.404; 9 Pa. C.S. § 312. Melissa Wilson (717) 783-3658 Disclosure to Buyer/Seller at Initial Interview
49 Pa. Code § 35.284.Winter 1997, as proposed. These regulations state disclosures the real estate licensee must make to potential clients. The Commission's proposal fulfills a legislative mandate in the Real Estate Licensing and Registration Act at 63 P.S. § 455.608 that requires the Commission to develop regulations setting forth the manner and method by which a real estate licensee makes required disclosures about agency and other matters to a prospective buyer or prospective seller at the initial interview. Statutory Authority: 63 P.S. §§ 455.404 and 455.608. State Board of Certified Real Estate Appraisers Definitions
49 Pa. Code § 36.1.Winter 1997, as proposed. The Board plans to define the term ''evaluation''. The regulations will parallel the meaning of the term as used by institutions regulated by and under the rules and published guidelines of the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (FRS), the Federal Deposit Insurance Corporation (FDIC) and the Office of Thrift Supervision (OTS); Statutory authority: 63 P.S. § 457.5(2). Shirley Klinger (717) 783-4866 Fees
49 Pa. Code § 36.6.Summer 1996, as proposed. A proposal which would delete the existing reapplication fee of $35. Under a new application review process (also under development), the fee is no longer applicable; Statutory authority: 63 P.S. § 458.3. Residential real estate appraiser/ General real estate appraiser
49 Pa. Code §§ 36.11 and 36.12.Winter 1997, as proposed. A proposal which would add language to existing sections 36.11 and 36.12 to require certified real estate appraisers under whose supervision an applicant for certification gains appraisal experience, to cooperate with the applicant in submitting to the Board designated copies of appraisal reports in which the applicant participated and/or signed the appraisal report as an ''assistant to the certified real estate appraiser''. The amendment is intended to streamline the application process; Statutory authority: 63 P.S. §§ 457.5(1) and (2). Experience Options
49 Pa. Code §§ 36.13.Winter 1997, as proposed. The proposal would identify acceptable certification of experience, application processes and supervisor duties for applicants for licensure. The amendment is intended to streamline the application process; Statutory authority: 63 P.S. § 457.5(2). Scope of Practice/Definitions
49 Pa. Code §§ 36.201, 36.202.Summer 1996, as proposed. Currently under development is a regulation which adds a scope of practice section for certified Pennsylvania evaluators and defines ''ad valorem taxation purposes'' and ''real estate tax assessment,'' within the context of the Assessors Certification Act, 63 P.S. §§ 458.2 and 458.8(a). The regulation is necessary to clarify that assessors and evaluation company personnel who receive certification from the Board as Pennsylvania evaluators may perform appraisals of real property only in limited circumstances, i.e., tax assessment/governmental purposes. Statutory authority: 63 P.S. § 458.3. Shirley Klinger (717) 783-4866 Application Process
49 Pa. Code § 36.203.Summer 1996, as proposed. Currently under development is a regulation which clarifies how long an approved application for the certified Pennsylvania evaluator examination is valid, and how long an applicant (whose application has been disapproved) has to correct the deficiencies. The regulation is proposed under 63 P.S. § 458.3. Standards of Professional Conduct
49 Pa. Code § 36.281.Fall, 1996, as proposed.. Currently under development is a regulation which sets forth the Standards of Professional Conduct for Certification for certified Pennsylvania evaluators practicing in the Commonwealth. The regulation is necessitated by section 7(a)(6) of the Assessors Certification Act which empowers the Board to discipline certificate holders who violate any of the standards of professional conduct for real property assessment as adopted by the Board by regulation. Statutory authority: 63 P.S. §§ 458.3 and 458.7(a)(6). State Registration Board for Professional Engineers, Land Surveyors and Geologists General Revisions
49 Pa. Code §§ 37.1, 37.18, 37.36-37.37, 37.58-37.59, 37.81-37.83.Fall 1996, as proposed. The regulations add provisions regarding geology and the licensure of geologists to the Board's existing regulations governing engineers and land surveyors. On December 16, 1992, the Engineer, Land Surveyor and Geologist Registration Law was amended to add the licensure of geologists. The proposed regulations will make similar additions to the regulations in accordance with the Engineer, Land Surveyor and Geologist Registration Law under Section 4(e), 63 P.S. § 151(e). Shirley Klinger (717) 783-7049 State Board of Examiners of Nursing Home Administrators Experience and Education requirements
49 Pa. Code § 39.5.1997, as proposed. The regulation will amend and clarify education and experience requirements for licensure. Section 6 of the Nursing Home Administrators Law, 63 P.S. § 1106, specifies the qualifications for admission to examination. The education and experience regulations at Section 39.5 have not been reviewed or clarified since 1991. The amendments will remove outdated and confusing provisions. Cheryl Lyne
(717) 783-7155Temporary Permits
49 Pa. Code § 39.17.1997, as proposed. The regulation will amend and clarify the requirements for temporary permits. Section 14 of the Nursing Home Administrators Law, 63 P.S. § 1114, authorizes the Board to issue temporary permits. The revisions will update and clarify the existing statement of policy. General Revisions
49 Pa. Code §§ 39.1-39.91.1997, as proposed. These regulations will amend, update and delete outdated provisions in areas including definitions, subject matter for examinations, approval of programs of study, licensure renewal. The Board's regulations have not been reviewed or updated since 1992. These revisions will update, clarify and delete outdated and unnecessary provisions as authorized under Sections 4 and 9 of the Law, 63 P.S. §§ 1104 and 1109. State Board of Physical Therapy Child Abuse Reporting
49 Pa. Code §§ 40.201-40.207.September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise physical therapists, physical therapist assistants or certified athletic trainers 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). Robert Kline
(717) 783-7134Physical Therapists
49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21-40.24.Fall 1996, as proposed. Regulations correct and revise existing regulations regarding physical therapists. Proposed under Section 3(a) of the Physical Therapy Practice Act, 63 P.S. § 1303(a). Athletic Trainers
49 Pa. Code §§ 40.72, 40.75, 40.81-40.84, 40.86 40.87, 40.88, 40.101 and 40.102.Summer 1996, as final. Regulations define athletic trainers in relation to athletes, cease issuing new Class B. certificates and require the completion of a Board-approved educational program which is accredited by a nationally recognized accrediting agency for athletic training. The proposal is authorized under Sections 3(a) and 10.2 of the Physical Therapy Practice Act, 63 P.S. §§ 1303(a) and 1310.2. Physical Therapist Examination Fees
49 Pa. Code § 40.5.Summer 1996, as final. Regulations would increase the examination fee by $15. The increase is attributable to the adoption of computer based testing. The regulations are authorized under Section 8 of the Physical Therapy Practice Act, 63 P.S. § 1308. Sexual misconduct
49 Pa. Code, Chapter 40.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 Sections 3, 5 and 10 of the Act, 63 P.S. § 1303, 1305 and 1310. State Board of Psychology Child Abuse Reporting
49 Pa. Code §§ 41.1; 41.71-41.76.September 1996, as final. Regulations published as proposed rulemaking on March 9, 1996, advise psychologists 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). Cheryl Lyne
(717) 783-7155
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