[27 Pa.B. 630]

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Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
STATE
Bureau of Charitable Organizations	March 1997, as final.	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 The regulations were initially promulgated under earlier statutes which were repealed by the Solicitation of Funds for Charitable Purposes Act (10 P. S. § 162.1 et seq.).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	March 1997, 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 The regulation is obsolete because the study was mandated to be completed by July 1, 1996 pursuant to Section 301 of the Pennsylvania Voter Registration Act (25 P. S.§ 961.301).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	March 1997, as proposed.	The State Athletic Commission (SAC) proposes to amend 58 Pa. Code Chapter 21 to require professional boxers and kickboxers to submit, as part of their annual application for licensure, a report from a licensed medical laboratory that the applicant has tested negative for HIV.	Greg Sirb (717) 787-5720
		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.).
Navigation Commission for the Delaware River and Its Navigable Tributaries	March 1997, as proposed.	The Navigation Commission will propose comprehensive revisions to 13 Pa. Code Chapters 201--209 to enhance navigational safety, eliminate obsolete regulations and 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.	June 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 § 1.11.	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. § 734.32.
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.
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. The Board has authority to adopt regulations under Section 10 of the Act of June 19, 1931, P. L. 589, as amended, 63 P. S. § 560.	Kathleen Davis (717) 783-3402
State Board of Chiropractic
Sexual Misconduct-- 49 Pa. Code § 5.54.	June 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 enforcement standards 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).	Deb Smith (717) 783-7156
Peer Review-- 49 Pa. Code § 5.55.	June 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 final.	The Board will amend regulations in professional advertising and business aspects of chiropractic practice to delete unnecessary restrictions, and implement the new clinical third-party examination. The statutory authority for the regulation is Section 302(3) of the Act, 63 P. S. § 625.302(3).
Volunteer License-- 49 Pa. Code, Chapter 5.	June 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 Cosmetology
Disinfection, Equipment and Supplies-- 49 Pa. Code §§ 7.71, 7.71a, 7.71b, 7.105 and 7.114.	April 1997, as proposed.	These regulations reflect updated changes in industry standards for disinfecting and sterilizing necessary equipment required to be available and in use in cosmetology shops. Minimum safety and sanitation standards in cosmetology shops are authorized 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
General Revisions-- 49 Pa. Code §§ 9.1--9.211.	March 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 Architects Licensure Law, 63 P. S. § 34.6(a).	Kathleen Davis (717) 783-3398
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.	Summer 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.	December 1997, as proposed.	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.	No publication anticipated within next 6 months.	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).	Kathleen Davis (717) 783-3397
Disposition of 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.	March 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.	June 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 enforcement standards 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 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.	No publication anticipated in next six months.	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.	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).	Cindy Warner (717) 783-1400
Sympathomimetic Amines-- 49 Pa. Code § 16.96.	No publication anticipated in next six months.	The regulations govern 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).
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.	June 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.	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).	Ann Steffanic (717) 783-7142
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.
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.
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 § 2 and 2.1 under the Professional Nursing Law, 63 P. S. §§ 212 and 212.1(k), and § 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.
Sexual Misconduct-- 49 Pa. Code §§ 21.18 and 21.148.	April 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 enforcement standards 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 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).	Ann Steffanic (717) 783-7142
Volunteer Licenses-- 49 Pa. Code § 21.375	June 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.	June 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 enforcement standards 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 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) 783-7134
General Revisions-- 49 Pa. Code Chapter 23.	June 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 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).
Fees-- 49 Pa. Code § 23.91.	March 1997, as final.	The amendments would establish a $25 fee for the certification of eligible optometrists in the prescription and administration of pharmaceutical agents for therapeutic purposes required by Act 130 of 1996, effective October 30, 1996. The amendments are authorized by Sections 4.1 and 9(c) of the Optometric Practice and Licensure Act, 63 P. S. §§ ____ and 244.9(c).
Therapeutic Drugs-- 49 Pa. Code Chapter 23.	June 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, 63 P. S. §§ 244.3(a)(14) and ____ .
Volunteer License-- 49 Pa. Code Chapter 23.	June 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.	Deb Smith (717) 783-7134
State Board of Osteopathic Medicine
Sexual Misconduct-- 49 Pa. Code Chapter 25.	June 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 enforcement standards 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 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.	Gina Bittner (717) 783-4858
Sympathomimetic Amines-- 49 Pa. Code § 25.211.	No publication anticipated in next six months	The regulations govern the prescription, administration and dispensing of sympathomimetic amines by osteopathic medical doctors. Existing regulations were sunsetted January 17, 1992. The Board intends to continue the regulations under the authority of Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.
Volunteer Licenses-- 49 Pa. Code § 25.350.	June 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.	June 1997, as final.	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
Facsimile Machines-- 49 Pa. Code §§ 27.1 and 27.19.	June 1997, as final.	The amendments would authorize pharmacists to accept prescriptions via facsimile transmissions. The regulation conforms 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).

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