[27 Pa.B. 3294]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
Standards of Professional Conduct-- 49 Pa. Code § 36.281.	January 1998, as final.	The regulation would set forth the standards of professional conduct 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 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).	Shirley Klinger (717) 783-4866
Broker/Appraiser Fees-- 49 Pa. Code § 36.6.	December 1997, as proposed.	The regulation would establish an application fee and initial certification fee for the newly created appraiser certification class of broker/appraiser. The fees will help to defray expenses of the Board associated with regulating broker/appraisers. Statutory authority: 63 P. S. §§ 457.5(6) and 457.9(c).
Continuing Education-- 49 Pa. Code §§ 36.41, 36.42, 36.261 and 35.262.	December 1997, as proposed.	The regulation would raise the biennial continuing education requirements for certified general and certified residential appraisers and Certified Pennsylvania Evaluators from 20 classroom hours to 28 classroom hours; establish a 28-classroom hour continuing education requirement for broker/ appraisers; and mandate that all certificate-holders complete a minimum number of classroom hours on the USPAP and the Board's statutory and regulatory requirements. The regulation is necessary to improve the effectiveness of the Board's continuing education program and to comply with the standards established by the AQB. Statutory authority: 63 P. S. § 457.5(2).
Pre-certification Education and Experience-- 49 Pa. Code §§ 36.11 and 36.12.	December 1997, as final.	The regulation would raise the experience requirement for certification as a residential appraiser from 2,000 hours to 2,500 hours; raise the education and experience requirements for certification as a general appraiser from 165 classroom hours to 180 classroom hours and from 2,000 hours to 3,000 hours, respectively; and clarify the components of qualifying educational courses. The regulation is necessary to comply with standards established by the AQB that take effect January 1, 1998. Statutory authority: 63 P. S. § 457.5(2).
State Board of Examiners of Nursing Home Administrators Experience and Education Requirements-- 49 Pa. Code § 39.5.	No publication anticipated in next 6 months.	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. Statutory authority: Section 4(c) of the Nursing Home Administrators Licensing Act, Act of June 22, 1970, P. L. 378, as amended, 63 P. S. § 1104(c).	Cheryl Lyne (717) 783-7155
Temporary Permits-- 49 Pa. Code § 39.17	No publication anticipated in next 6 months.	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.	No publication anticipated in next 6 months.	These regulations will update and delete outdated provisions of current regulations, including definitions, subject matter for examinations, approval of programs of study, and licensure renewal. The Board's regulations have not been reviewed or updated since 1992. These revisions are authorized under Sections 4 and 9 of the Law, 63 P. S. §§ 1104 and 1109.
State Board of Physical Therapy Physical Therapists-- 49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21--40.24.	July 1998, 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).	Robert Kline (717) 783-7134
Sexual Misconduct-- 49 Pa. Code, Chapter 49.	May 1998, 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 Sections 3, 5 and 10 of the Act, 63 P. S. § 1303, 1305 and 1310.
State Board of Psychology Private practice by certified school psychologists-- 49 Pa. Code § 41.56.	No publication anticipated in next 6 months.	This regulation governs the conditions under which school psychologists may engage in private practice. The Board plans to define the term ''employed'' within the context of Chapter 41. Statutory authority: 63 P. S. § 1203.2(2).	Cheryl Lyne (717) 783-7155
Definitions-- 49 Pa. Code § 41.1.	No publication anticipated in next 6 months.	The regulations would update terms to reflect current accreditation entities. The term ''Accredited college or university'' should be amended to reflect the new name for the ''Council on Postsecondary Accreditation (COPA)'', which is the ''Commission on Recognition of Postsecondary Accreditation (CORPA).'' Statutory authority: 63 P. S. § 1203.2(2).
Postdoctoral Experience-- 49 Pa. Code § 41.31(c)(1)(ii)(E).	No publication anticipated in next 6 months.	The regulation establishes necessary experience for licensure. The Board plans to clarify its intent that an individual working two jobs need only meet with his/her respective supervisors one hour per week to satisfy the two hours/week requirement of this paragraph. Statutory authority: 63 P. S. § 1203.2(2).
Licensure of master's degree candidates-- 49 Pa. Code § 41.54	December 1997, as final.	This regulation pertains to licenses issued prior to January 1, 1996. The Board plans to repeal this section, because the Board no longer issues licenses to Master's degree candidates. Statutory authority: 63 P. S. § 1203.2(2).
Professional records-- 49 Pa. Code § 41.57.	No publication anticipated in next 6 months.	This regulation establishes minimum requirements for records which psychologists must maintain. The Board plans to add language to its existing regulation to address a psychologist's responsibility to release information to clients and to authorize psychologists to charge a fee for reasonable costs of copying. Statutory authority: 63 P. S. § 1203.2(2).
Standards for the employment and supervision of unlicensed persons with graduate training in psychology-- 49 Pa. Code § 41.58(9).	No publication anticipated in next 6 months.	The regulations establish minimum levels of supervision of unlicensed persons who provide psychological services under the direction of a licensed psychologist. Statutory authority: 63 P. S. § 1203.2(2).
Continuing education-- 49 Pa. Code § 41.59.	December 1997, as final.	These regulations establish criteria and requirements of minimum continuing education hours for biennial license renewal. The Board proposes amendments to its continuing education regulations to give psychologists more flexibility in their choice of continuing education programs and to expand the opportunities for meeting the requisite contact hours for continuing education credit. Statutory authority: 63 P. S. § 1203.2(2).
Definitions/''Sexual Intimacies'' -- 49 Pa. Code § 41.61.	December 1997, as proposed.	The regulation will establish specific prohibitions against sexual intimacies with current client/patients and other individuals encountered by a psychologist in the course of professional practice. The regulation will also establish related standards and procedural matters and bar psychologists who have been disciplined for engaging in prohibited sexual intimacies form participation in the impaired professional program. Statutory authority: 63 P. S. § 1203.2(2).
Commissioner of Professional and Occupational Affairs Schedule of Civil Penalties Act 48-- 49 Pa. Code §§ 43.1--43.11.	Summer 1997, as proposed. Fall 1997, as final.	To adopt a schedule of civil penalties, guidelines for their imposition and procedures for appeal for persons operating without a current, registered, unsuspended and unrevoked license, registration, certificate or permit. Commissioner is required under Act 48 of 1993, 63 P. S. § 2205, to promulgate regulations setting forth a schedule of penalties, guides and procedures. Schedule adopted applies to the conduct or operation of a business or facility licensed by a licensing board of the Bureau.	James A. Holzman (717) 783-7200
State Board of Social Work Examiners Unprofessional Conduct and Sexual Misconduct -- 49 Pa. Code, Chapter 47.	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 establishing standards of professional practice and conduct under Section 6(2) of the Social Workers' Practice Act, Act of July 9, 1987, P. L. 220, 63 P. S. § 1906(2).	Clara Flinchum (717) 783-1389
Continuing Education 49 Pa. Code § 47.32	April 1998, as proposed.	The regulation would limit home-study or self-study continuing education programs to no more than 10 of the 30 hours required for biennial renewal of a license. The regulation is necessary to improve the effectiveness of the Board's continuing education is in programs that provide for interaction among presenters and attendees. Statutory authority: 63 P. S. § 1918 (a)
STATE EMPLOYEES RETIREMENT SYSTEM
No regulations being developed or considered at this date.
STATE POLICE
Firearm Regulations Standards for licensed retail dealers Chapter 31	October 1997, as proposed.	The provisions of this chapter set forth regulations for the storage of firearms, rifles, and shotguns by licensed retail dealers in the event a clear and present danger to public safety is found to exist by the Commissioner of the State Police within this Commonwealth during the hours when licensed retail dealers are closed for business. The provisions of this chapter will apply to all licensed retail dealers and their designated employees.	Corporal Albert Picca 717-783-5598
Procedures & Specifications for firearm record forms Chapter 33	October 1997, as proposed.	The State Police will promulgate rules and regulations, and in the manner provided by law, the responsibility to administer and enforce these rules and regulations, and the provisions of the Uniform Firearms Act in order to ensure the identity, confidentiality, and security of all records and data pursuant thereto.
Procedures for the receipt and processing of DNA samples for the state DNA database. Chapter 58	September 1997, as final.	This chapter sets forth policy and procedures for the collection, submission, preservation, analysis, and dissemination of information or records relating to DNA samples from individuals convicted of a felony sex or other specified offenses.	Trooper Mark Van Buskirk 717-783-5598
Megan's Law: Procedures for neighbor notification. Chapter 55	July 1997, as final.	This chapter defines what a neighbor will be for the purposes of community notification when sexually violent predators are released from incarceration or move. It is a priority of the Pennsylvania State Police to define neighbor in such a way as to make it easily applied to both urban and rural communities. The ability of this regulation to succeed is strengthened by the legislative intent of the Act which states that certain information regarding sexually violent predators is public information and is to be disseminated.	Trooper Mark Van Buskirk 717-783-5598
TRANSPORTATION
Emission Inspection Program Chapter 177	September 1997, as final.	Amendments needed to implement enhanced decentralized emission inspection program.	Peter Gertz (717) 783-5842
Enhanced Emission Inspection Chapter 178	September 1997, as final.	Repeal needed. Will be replaced by Chapter 177.	Peter Gertz (717) 783-5842
Temporary Registration Cards and Plates Chapter 43	September 1997, as final.	Proposed amendments based on concerns identified by Dealer Industry/Department efforts. Revises sanctioning requirements for Dealers, making sanctions more equitable.	Linley Oberman (717) 787-2780
Manufacturer, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates Chapter 53	April 1998, as final.	Amendments are needed based on revisions to related sections of the Vehicle Code and Industry/Department concerns.	Linley Oberman (717) 787-2780
School Buses and School Vehicles Chapter 171	December 1997, as proposed.	Amendments are needed to clarify previous revisions and to address concerns raised by the School Bus Vehicle Industry and related Associations.	Pam Thomas (717) 783-4755
Vehicle Equipment and Inspection Chapter 175	October 1997, as final.	Amendments are required due to changes in PA Vehicle Code and Federal equipment regulations.	John Munafo (717) 783-6823
Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers Chapter 83	December 1997, as proposed.	As a result of a Pa Supreme Court decision (Clayton v.s. Department of Transportation), additional waivers to seizure disorder provisions must be adopted.	Anne Titler (717) 783-6246
Liquid Fuels Tax Chapter 449	September 1997, as proposed.	This chapter was originally targeted for revision, after further review it has been determined to repeal the chapter for the following reasons: Alternative measures exist (Municipal Codes); Language is unclear or too technical (changing to a brochure based information package).	Mitzi Westover (717) 783-5315
School Bus Drivers Chapter 71	December 1997, as proposed.	Creates waivers for school bus drivers, with medical conditions, which pose no significant danger to driving.	Pam Thomas (717) 783-4755
Mechanical, Electrical and Electronic Speed-Timing Devices Chapter 105	December 1997, as proposed.	Amendments reflect updates (periodically required) to ensure speed timing devices used by law enforcement officials conform to State and Federal requirements.	John Munafo (717) 783-6823
Work Zone Traffic Control Devices Chapter 203	September 1997, as proposed deletion.	Repeal this chapter since it typically is more stringent than federal standards included in the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD would be incorporated into Chapter 211.	Art Breneman (717) 787-3620
Official Traffic Control Devices Chapter 211	September 1997, as proposed.	Repeal the current chapter since it duplicates federal standards included in the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Adopt the MUTCD by reference, and provide some additional criteria unique to the Commonwealth.	Art Breneman (717) 787-3620
Hold-Down and Tie-Down Devices for Junked Vehicles and Vehicle Hulks Chapter 181	December 1997, as proposed.	Repeal-incorporate provisions in Chapter 231	Daniel Smyser (717) 787-7445
Engineering and Traffic Studies Chapter 201	September 1997, as proposed deletion.	Repeal this chapter since it duplicates many federal standards included in the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD would be incorporated into Chapter 211	Art Breneman (717) 787-3620
Intrastate Motor Carrier Safety Requirements Chapter 231	September 1997, as proposed.	Incorporate new Federal provisions, and provisions from Chapter 181.	Daniel Smyser (717) 787-7445
Hazardous Materials Transportation Chapter 403	August 1997, as proposed.	Incorporate new Federal provisions and eliminate registration requirement.	Daniel Smyser (717) 787-7445
Driver's License Exam Chapter 75	December 1997, as proposed.	Regulation to be rescinded and replaced with published testing procedures. Needed to provide consistency with Commercial Driver Testing provisions.	Joy Gross (717) 787-9930

[Pa.B. Doc. No. 97-1100. Filed for public inspection July 3, 1997, 9:00 a.m.]

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