[27 Pa.B. 630]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
Examinations/Fees-- 49 Pa. Code §§ 27.21, 27.24 and 27.91.	March 1997, as final.	The amendments implement the new national computer adaptive licensure examination, known as the North American Pharmacy Licensure Examination (NAPLEX), and the multi jurisdictional jurisprudence examination, and establish applicable fees. The amendments are authorized under Sections 3(b), 6(k)(2) and (9) of the Pharmacy Act, Act of September 27, 1961, P. L. 1700, as amended, 63 P. S. §§ 390-3(b), 390-6(k)(2) and (9).
State Board of Podiatry
Sexual Misconduct-- 49 Pa. Code, Chapter 29.	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(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.	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 Veterinary Medicine
General Information-- 49 Pa. Code §§ 31.3, 31.11-31.13, 31.15 and 31.16.	April 1997, as final.	These final form regulations provide 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) 783-1389
Veterinary establishments & mobile clinics, Rules of Professional Conduct-- 49 Pa. Code §§ 31.1, 31.21, 31.25, and 31.26.	April 1997, 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.	December 1997, as final.	The proposal would regulate advertising of emergency services and revise procedures required 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).
State Board of Dentistry
Fees-- 49 Pa. Code § 33.3.	Winter 1997, as proposed.	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.	June 1997, as proposed.	The regulation will remove Section 33.211(5) of the regulations from the unprofessional conduct section and 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).	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.	April 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.	Spring 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. Section 122(j).
Lasers-- 49 Pa. Code, Chapter 33	December 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).	June Barner (717) 783-7162
Volunteer license-- 49 Pa. Code, Chapter 33.	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.
Fictitious names 49 Pa. Code, Chapter 33.	February 1997, as final.	The regulation repeals references to Board approval of fictitious names, as required under Act 113 of 1996, which added Section 3(g.1) to the Dental Law, 63 P. S. § 122(g.1).
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 Options 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).
Standards of Professional Conduct-- 49 Pa. Code § 36.281.	Summer 1997, 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.	Spring 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.	Summer 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.	June 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. 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.	April 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.	August 1997, as proposed.	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 1997, 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
Athletic Trainers-- 49 Pa. Code §§ 40.72, 40.75, 40.81-40.84, 40.86, 40.87, 40.88, 40.101 and 40.102.	May 1997, 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.
Sexual Misconduct-- 49 Pa. Code, Chapter 40.	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 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.	December 1997, as proposed.	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.	December 1997, as proposed.	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).	December 1997, as proposed.	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 proposed.	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.	December 1997, as proposed.	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).	December 1997, as proposed.	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.	February 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).	Cheryl Lyne (717) 783-7155
Code of ethics-- 49 Pa. Code § 41.61.	Fall 1997, as proposed.	The Board plans a comprehensive amendment to its Code of Ethics in order to bring the Code up to date with the American Psychological Association's Ethical Standards. The Board is required to adopt regulations regarding standards of professional practice and a code of ethics under Section 3.2 of the Psychology Practice Act, Act of March 23, 1972, as amended, 63 P. S. § 1203(2).
Commissioner of Professional and Occupational Affairs
Schedule of Civil Penalties Act 48-- 49 Pa. Code §§ 43.1--43.11.	Spring 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.	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 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
STATE EMPLOYEES RETIREMENT SYSTEM
No regulations being developed or considered at this date.
STATE POLICE
Firearm Regulations Standards for licensed retail dealers Chapter 31	March 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	March 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	February 1997, as proposed.	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
TRANSPORTATION
Emission Inspection Program Chapter 177	June 1997, as final.	Amendments needed to implement enhanced decentralized emission inspection program.	Peter Gertz (717) 783-5842
Enhanced Emission Inspection Chapter 178	June 1997, as final.	Repeal needed. Will be replaced by Chapter 177.	Peter Gertz (717) 783-5842
Temporary Registration Cards and Plates Chapter 43	April 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 1997, 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.	Carol Freeland (717) 783-5841
Vehicle Equipment and Inspection Chapter 175	July 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	June 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	March 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	June 1997, as proposed.	Creates waivers for school bus drivers, with medical conditions, which pose no significant danger to driving.	Anne Titler (717) 783-6246
Mechanical, Electrical and Electronic Speed-Timing Devices Chapter 105	December 1997, as proposed. Amendments reflect updates (periodically required) to	Amendments reflect updates (periodically required) to ensure speed timing devices used by law enforcement officials conform to State and Federal requirements.	Mary Sheriff (717) 783-6676
Work Zone Traffic Control Devices Chapter 203	Summer 1997, as proposed.	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	Summer 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	April 1997, as proposed.	Repeal--incorporate provisions in Chapter 231	Daniel Smyser (717) 787-7445
Engineering and Traffic Studies Chapter 201	Summer 1997, as proposed.	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	June 1997, as proposed.	Incorporate new Federal provisions, and provisions from Chapter 181 and 183	Daniel Smyser (717) 787-7445
Hazardous Materials Transportation Chapter 403	February 1997, as proposed.	Incorporate new Federal provisions and eliminate registration requirement.	Daniel Smyser (717) 787-7445
Distribution of Highway Maintenance Funds Chapter 453	March 1997, as proposed.	Incorporate video logging information	James Moretz (717) 787-7908
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. 97-156. Filed for public inspection January 31, 1997, 9:00 a.m.]

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