[27 Pa.B. 3294]
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Regulation Being Considered
Proposed Date
Need and Legal Basis for Action
Agency
for Promulgation Contact 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.December 1997, as proposed. The regulations would require approved continuing education program sponsors to biennially renew their approval and would authorize the Board to conduct audits of approved programs. The regulations are necessary to ensure that continuing education programs meet licensure renewal needs. Statutory authority: Section 3(10) of The C.P.A. Law, 63 P. S. § 9.3(10). Dorna Thorpe (717) 783-1404 Commissions and Referral Fees --49 Pa. Code § 11.24. No publication anticipated in next 6 months. The regulation would set forth the nature of the written disclosure that certified public accountants and public accountants must make in order to pay or receive commissions and referral fees in connection with the referral or recommendation of products and services. The regulation is necessary to comply with recent amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.12(p). State Board of Funeral Directors Examinations--49 Pa. Code §§ 13.71, 13.72. November 1997, as final. 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). Linda Dinger (717) 783-3397 Dispositionof Bodies--
49 Pa. Code §§ 13.184, 13.212.No publication anticipated within next 6 months. 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 1997, 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 Sexual Misconduct--
49 Pa. Code, Chapter 16.Fall 1997, 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 which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Section 8 of the Medical Practice Act, Act of December 20, 1985, P. L. 457, as amended, 63 P. S. § 422.8. Cindy Warner (717) 783-1400 Complaint Process--49 Pa. Code § 16.62. Fall 1997, as final. Regulations which provide for recommendation by the Board prosecutor to the Board on the disposition of complaints 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, 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. Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP)--
49 Pa. Code § 18.41.Winter 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). Administration of Anesthesia--
49 Pa. Code § 16.98.No publication anticipated in next six months. This regulation would establish standards for the delegation of the administration of anesthesia. Publication as proposed occurred October 19, 1996. The Board has received a significant number of comments. The Board has determined further study is warranted before final rulemaking will occur. Statutory authority: Section 17(b) of the Medical Practice Act, 63 P. S. § 422.17(b). Volunteer license--
49 Pa. Code § 17.9.Summer 1997, as proposed. Regulations are intended to implement Act 141 of December 4, 1996, pertaining to licensing retired practitioners who wish to volunteer services to facilities providing health care to financially qualified persons or in underserved areas. Statutory authority: Act 141 of 1996. State Board of Vehicle Manufacturers, Dealers and Salespersons
General Provisions, Licensure, Facility requirements--
49 Pa. Code §§ 19.1-19.23.December 1997, as proposed. The Board intends to revise all 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. 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 Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP)-
49 Pa. Code § 21.271.Winter 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). Ann Steffanic
(717) 783-7142Responsibilities 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. RN general revisions--
49 Pa. Code §§ 21.1--21.126.Fall 1997, as proposed. These regulations will update or delete outdated provisions pertaining to registered nurses and 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 and 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. CRNP prescriptive privileges--
49 Pa. Code §§ 21.151--21.351.Winer 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 CRNPs' prescriptive authority. Sexual Misconduct--
49 Pa. Code §§ 21.18 and 21.148.Fall 1997, 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 which the Board deems unprofessional. 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). Volunteer Licenses--
49 Pa. Code §§ 21.141--21.234.Summer 1997, as proposed. This regulation governs the volunteer license category. It establishes qualifications for placing a license on volunteer status; criteria under which a licensee who is retired and whose license became inactive prior to February 3, 1997, may obtain a volunteer license; procedures under which a volunteer license holder may return to active practice. This regulation is required by the Volunteer Health Services Act, Act 141 of 1996. State Board of Optometry Sexual Misconduct--
49 Pa. Code, Chapter 23.Fall 1997, 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 which the Board deems unprofessional. 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). Deb Smith
(717) 783-7134General Revisions--
49 Pa. Code, Chapter 23.No publication anticipated in next six months. 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 optometrists 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). Certification for the Prescription of Therapeutic Drugs--
49 Pa. Code, Chapter 23.September 1997, as proposed. The Board will propose regulatory amendments to implement the therapeutic drug provisions added by Act 130 of 1996 effective October 30, 1996. The regulatory amendments would approve appropriate educational providers and examinations prerequisite to certification of optometrists in the prescription and administration of therapeutic drugs, and amend continuing education requirements. The amendments are authorized under Sections 3(a)(14) and 4.1 of the Optometric Practice and Licensure Act. Volunteer License--
49 Pa. Code, Chapter 23.Summer 1997, as proposed. This regulation governs the volunteer license category. It establishes qualifications for placing a license on volunteer status; criteria under which a licensee who is retired and whose license became inactive prior to February 3, 1997, may obtain a volunteer license; procedures under which a volunteer license holder may return to active practice. This regulation is required by the Volunteer Health Services Act, Act 141 of 1996. State Board of Osteopathic Medicine Sexual Misconduct--
49 Pa. Code, Chapter 25.Fall 1997, 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 which the Board deems unprofessional. 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) 783-4858 Volunteer Licenses--
49 Pa. Code § 25.350.Summer 1997, as proposed. This regulation governs the volunteer license category. It establishes qualifications for placing a license on volunteer status; criteria under which a licensee who is retired and whose license became inactive prior to February 3, 1997, may obtain a volunteer license; procedures under which a volunteer license holder may return to active practice. This regulation is required by the Volunteer Health Services Act, Act 141 of 1996. State Board of Pharmacy General Revisions--
49 Pa. Code, Chapter 27.No publication anticipated in next six months. The Board proposes to delete outdated and redundant regulations and to clarify language in others. The proposal is needed to eliminate unnecessary provisions, 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, 1961, 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) 783-7157 Approval of Plans: Pharmacy Alterations--
49 Pa. Code § 27.16.November 1997, as final. The amendments will reduce from 90 to 30 days the requirement for advance filing of plans for pharmacy alterations. Voluntary pharmacy square footage guidelines will also be eliminated. The amendments are designed to accommodate current business needs without compromising public health and safety. The amendments are authorized under Sections 4(j) and 6 (k)(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)(9). State Board of Podiatry Sexual Misconduct--
49 Pa. Code, Chapter 29.Fall 1997, 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 which the Board deems unprofessional. 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). Gina Bittner (717) 783-4858 Volunteer License--
49 Pa. Code, Chapter 29.Summer 1997, as proposed This regulation governs the volunteer license category. It establishes qualifications for placing a license on volunteer status; criteria under which a licensee who is retired and whose license became inactive prior to February 3, 1997, may obtain a volunteer license; procedures under which a volunteer license holder may return to active practice. This regulation is required by the Volunteer Health Services Act, Act 141 of 1996. State Board of Veterinary Medicine Rules of Professional Conduct
--49 Pa. Code § 31.21.December 1997, as final. Final rulemaking will modify standards imposed on licensees when terminating 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). Robert Kline (717) 783-1389 Advertising Emergency Services--
49 Pa. Code § 31.21.No publication anticipated in next 6 months. The regulation will require all veterinarians who advertise emergency services or 24-hour veterinary care, to include in any advertisement information indicating the hours when emergency services are available, and whether a veterinarian will be on call or on the premises. Statutory authority: 63 P. S. § 485.5(2). State Board of Dentistry
Fees --
49 Pa. Code § 33.3.December 1997, as final. The regulations will establish temporary permit 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, and to collect the costs associated with the review of applications. June Barner (717) 783-7162 Sexual Misconduct--
49 Pa. Code, Chapter 33.Fall 1997, as proposed. 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).No publication anticipated in next six months. 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. The regulation will also update this provision consistent with Act 113 of 1996. Expanded Function Dental Assistants--
49 Pa. Code, Chapter 33.December 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). Statutory authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o). Continuing Professional Education--
49 Pa. Code, Chapter 33.December 1997, as proposed. This regulation will establish continuing education regulations for dentists, dental hygienists and expanded function dental assistants. The regulations are required under Act 113 of 1996, which amended Section 3(j) of the Dental Law, 63 P. S. § 122(j). Lasers--
49 Pa. Code, Chapter 33December 1997, as proposed. The regulation will codify the existing statement of policy and clarify educational requirements for the use of lasers in a dental office. Statutory authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o). Volunteer license--
49 Pa. Code, Chapter 33.Fall 1997, as proposed. This regulation governs the volunteer license category. It establishes qualifications for placing a license on volunteer status; criteria under which a licensee who is retired and whose license became inactive prior to February 3, 1997, may obtain a volunteer license; procedures under which a volunteer license holder may return to active practice. This regulation is required by the Volunteer Health Services Act, Act 141 of 1996. State Real Estate Commission General Revisions--
49 Pa. Code, Chapter 35.December 1997, as proposed. The Commission plans a comprehensive amendment to Chapter 35 to bring its existing regulations up to date with today's current policies. Statutory authority: 63 P. S. § 455.404. Melissa Wilson (717) 783-3658 State Board of Certified
Real Estate Appraisers Definitions --
49 Pa. Code § 36.1.December 1997, as proposed. The regulation would define the term ''evaluation'' to parallel the meaning of the term as it is used by institutions regulated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision. Statutory authority: 63 P. S. § 457.5(2). Shirley Klinger (717) 783-4866 Experience Optios for Certification
49 Pa. Code § 36.13.December 1997, as proposed. The regulation would expand the categories of qualifying experience for certification as an appraiser; require appraisers who supervise appraisal assistants to keep records of assistants' activities and provide verification of their experience to the Board; and mandate that all appraisal reports submitted as qualifying experience by applicants for certification conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulation brings more fairness, efficiency and structure to the Board's evaluation of qualifying experience. The regulation complies with standards established for state appraiser boards by the Appraisal Foundation's Appraiser Qualifications Board (AQB), a federal regulatory body. Statutory authority: 63 P. S. § 457.5(2). Inspection of Property
49 Pa. Code § 36.51December 1997, as proposed The regulation would clarify that a certified general appraiser, certified residential appraiser or certified broker/appraiser is required, when performing an appraisal, to conduct a complete interior and exterior inspection of the subject property unless an inspection is not physically possible. The regulation is necessary to ensure that every appraisal performed by a certificate-holder of the Board complies with appropriate professional standards. Statutory authority: 63 P. S. § 457.5 (2).
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