Pennsylvania Bulletin

PA Bulletin, Doc. No. 98-1072e

[28 Pa.B. 3127]

[Continued from previous Web Page]

Regulation Being Considered Proposed Date Need and Legal Basis for Action Agency

for Promulgation Contact

State Board of Vehicle Manufacturers, Dealers and Salespersons General Provisions, Licensure, Facility requirements
49 Pa. Code §§ 19.1--19.23. No publication anticipated in next six months. The Board will revise its regulations to repeal outdated provisions and take into account industry-wide changes in business practices. The amendments are needed to conform to 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 educational programs for Certified Registered Nurse Practitioners (CRNP)
49 Pa. Code § 21.271.
Nursing Functions
49 Pa. Code §§ 21.11, 21.12, 21.13, 21.14, 21.15, 21.16, 21.145.
RN general revisions
49 Pa. Code §§ 21.1--21.126.
LPN general revisions
49 Pa. Code §§ 21.141--21.234. No publication anticipated in next six months.
November 1998, as final.
October 1998, as proposed.
October 1998, 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).
These regulations would confirm the registered nurse's authority to accept oral orders and authorize licensed practical nurses to accept oral orders for medical and therapeutic regimens; update, clarify, and repeal unnecessary language pertaining to 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 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.
These regulations will update or repeal outdated provisions pertaining to registered nurses and consolidate all regulatory provisions pertaining to registered nurse education programs.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).
These regulations will update or repeal 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. Ann Steffanic (717) 783-7142

CRNP prescriptive privileges
49 Pa. Code §§ 21.151--21.351.
Sexual Misconduct
49 Pa. Code §§ 21.18 and 21.148. October 1998, as proposed.
June 1998, 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.
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).

State Board of Optometry Sexual Misconduct
49 Pa. Code, Chapter 23.
General Revisions
49 Pa. Code, Chapter 23. October 1998, as proposed.
No publication anticipated in next six months. 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).
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). Deb Smith (717) 783-7134

State Board of Osteopathic Medicine Sexual Misconduct
49 Pa. Code, Chapter 25. October 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 Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16. Gina Bittner (717) 783-4858

State Board of Pharmacy Examination Fees
49 Pa. Code, §§ 27.21, 27.24, and 27.91.
Internship Requirements
49 Pa. Code, § 27.26. September 1998, as final.
No publication is anticipated in next six months. The amendments implement the new national computer adaptive licensure examination concerning jurisprudence, the Multistate Pharmacy Jurisprudence Examination (MPJE), and establish applicable fees. The amendments are authorized under Sections 3(b) and 6(k)(2) and (9) of the Pharmacy Act, 63 P. S. §§ 390-3(b); 390-6(k)(2) and (9).
The Board proposes to expand avenues for internship training to provide flexibility for students and pharmacy applicants seeking practical experience prerequisite to licensure. Statutory authority: 63 P. S. §§ 390-3(c), (e) and (f), and 390-6(k)(9). W. Richard Marshman
(717) 783-7157

State Board of Podiatry Sexual Misconduct
49 Pa. Code, Chapter 29. October 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 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

State Board of Veterinary Medicine Professional Conduct
49 Pa. Code § 31.21.
Advertising Emergency Services
49 Pa. Code § 31.21.
Application Fees
49 Pa. Code § 31.41. September 1998, as final.
September 1998, as proposed.
November 1998, as final. Final rulemaking will remove 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).
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).
Proposed rulemaking published 5/16/98 will increase application fees for veterinarians and animal health technicians, the temporary permit fee and the continuing education program approval fee. Statutory authority: 63 P. S. § 485.13. Robert Kline (717) 783-1389

State Board of Dentistry--Sexual Misconduct
49 Pa. Code, Chapter 33.
Advertising
49 Pa. Code § 33.203(b)(4).
Expanded Function Dental Assistants
49 Pa. Code, Chapter 33.
Continuing Professional Education
49 Pa. Code, Chapter 33. No publication anticipated in next six months.
No publication anticipated in next six months.
No publication anticipated in next six months.
September 1998, 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).
The regulation will amend outdated provisions, clarify dental specialties and 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.
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).
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). June Barner (717) 783-7162

Lasers
49 Pa. Code, Chapter 33 No publication anticipated in next six months. 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).

State Real Estate Commission General Revisions
49 Pa. Code, Chapter 35.
Educational Standards
49 Pa. Code, Chapter 35. October 1998, as proposed.
No publication anticipated in next six months. The Commission plans a comprehensive amendment to Chapter 35 to bring its existing regulations up to date with current policies. Statutory authority: 63 P. S. § 455.404.
The Commission plans to update and amend current rules pertaining to the approval of schools and school directors, curriculum, etc. and revise continuing education requirements. Statutory authority: 63 P. S. § 455.404. Debra Sopko (717) 783-3658

State Board of Certified Real Estate Appraisers--Experience Options for Certification
49 Pa. Code § 36.13.
Inspection of Property
49 Pa. Code § 36.51 September 1998, as proposed.
December 1998, as proposed. The regulation would revise qualifying experience for certification as an appraiser; impose supervisory and record keeping duties on appraisers who supervise appraisal assistants; and require appraisal reports submitted as qualifying experience by applicants to conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulation brings more fairness, efficiency and structure to the evaluation of qualifying experience and complies with standards established for state appraiser boards by the Appraiser Qualifications Board (AQB), a federal regulatory body. Statutory authority: 63 P. S. § 457.5(2).
The regulation would require all certificate holders to conduct a complete interior and exterior inspection of the subject property when performing an appraisal unless an inspection is not physically possible, in conformity with professional standards. Statutory authority: 63 P. S. § 457.5 (2). Cheryl Lyne (717) 783-3397

Broker/Appraiser Fees
49 Pa. Code § 36.6.
Continuing Education
49 Pa. Code §§ 36.41, 36.42, 36.261 and 36.262.
Pre-certification Education and Experience
49 Pa. Code §§ 36.11 and 36.12. October 1998, as final.
September 1998, as proposed.
September 1998, as final. The regulation would establish an application fee and initial certification fee for the newly created 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).
The regulation would raise biennial continuing education requirements and establish continuing education requirements for new broker/ appraisers; and require all certificate-holders to complete minimum hours on the USPAP and the Board's statutory and regulatory requirements, in compliance with AQB rules. Statutory authority: 63 P. S. § 457.5(2).
The regulation would raise the experience and education requirements for certification as a residential appraiser and general appraiser to comply with standards established by the AQB that take effect January 1, 1998, pursuant to federal rules. 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.
Temporary Permits
49 Pa. Code § 39.17.
General Revisions
49 Pa. Code §§ 39.1--39.91.
Continuing Education
49 Pa. Code §§ 39.31--39.71. No publication anticipated in next six months.
No publication anticipated in next six months.
No publication anticipated in next six months.
October 1998, as proposed. The regulation will amend and clarify education and experience requirements for licensure. The amendments will remove outdated and confusing provisions. Statutory authority: Section 4(c) of the Nursing Home Administrators License Act, Act of June 22, 1970, P. L. 378, as amended, 63 P. S. § 1104(c).
The regulation will update and clarify Board requirements for temporary permits. Section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114, authorizes the Board to issue temporary permits.
These regulations will update and repeal outdated provisions of current regulations, including definitions, subject matter for examinations, approved programs of study, and licensure renewal. These revisions are authorized under Sections 4 and 9 of the Law, 63 P. S. §§ 1104 and 1109.
The regulation will amend and clarify the continuing education requirement in Section 9 of the Nursing Home Administrators License Act, 63 P. S. § 1109. Melissa Wilson (717) 783-7155

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.
Sexual Misconduct
49 Pa. Code, Chapter 40. January 1999, as proposed.
October 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).
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. Robert Kline (717) 783-7134

State Board of Psychology Postdoctoral Experience
49 Pa. Code § 41.31(c)(1)(ii)(E).
Professional records
49 Pa. Code § 41.57.
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 six months.
No publication anticipated in next six months.
February 1998, as final. 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).
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).
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). Melissa Wilson (717) 783-7155

Definitions/ ''Sexual Intimacies''
49 Pa. Code § 41.61. September 1998, as final. 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).

State Board of Occupational Therapy Education and Licensure Oral Orders
49 Pa. Code, § 42.25.
State Board of Social Work Examiners Unprofessional Conduct and Sexual Misconduct
49 Pa. Code, Chapter 47.
Continuing Education
49 Pa. Code § 47.32 September 1998, as proposed.
September 1998, as proposed.
September 1998, as proposed. The regulation will authorize occupational therapists to accept oral orders from physicians for occupational therapy services under specific conditions. Statutory authority: 63 P. S. § 1505(b)
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).
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) Clara Flinchum (717) 783-1389

STATE EMPLOYEES' RETIREMENT SYSTEM

Creditable Service
4 Pa. Code Chapters 241--249 July 1998, as proposed. Regulation will be changed to eliminate outdated and redundant language and definitions will be amended to conform more closely to the Retirement Code. Larry Brandenburg,
Assistant Counsel
717-237-0352

STATE POLICE

Firearm Regulations Standards for licensed retail dealers
Chapter 31
Procedures & Specifications for firearm record forms
Chapter 33 August 1998, as final.
August 1998, as final. 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.
The State Police have promulgated rules and regulations, that provide for the administration of the provisions of the Uniform Firearms Act for the implementation of the Pennsylvania Instant Check System in order to ensure the identity, confidentiality, and security of all records and data pursuant collected. Corporal Albert Picca
717-783-5598

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Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
State Board of Vehicle Manufacturers, Dealers and Salespersons General Provisions, Licensure, Facility requirements 49 Pa. Code §§ 19.1--19.23.	No publication anticipated in next six months.	The Board will revise its regulations to repeal outdated provisions and take into account industry-wide changes in business practices. The amendments are needed to conform to 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 educational programs for Certified Registered Nurse Practitioners (CRNP) 49 Pa. Code § 21.271. Nursing Functions 49 Pa. Code §§ 21.11, 21.12, 21.13, 21.14, 21.15, 21.16, 21.145. RN general revisions 49 Pa. Code §§ 21.1--21.126. LPN general revisions 49 Pa. Code §§ 21.141--21.234.	No publication anticipated in next six months. November 1998, as final. October 1998, as proposed. October 1998, 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). These regulations would confirm the registered nurse's authority to accept oral orders and authorize licensed practical nurses to accept oral orders for medical and therapeutic regimens; update, clarify, and repeal unnecessary language pertaining to 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 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. These regulations will update or repeal 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). These regulations will update or repeal 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.	Ann Steffanic (717) 783-7142
CRNP prescriptive privileges 49 Pa. Code §§ 21.151--21.351. Sexual Misconduct 49 Pa. Code §§ 21.18 and 21.148.	October 1998, as proposed. June 1998, 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. 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).
State Board of Optometry Sexual Misconduct 49 Pa. Code, Chapter 23. General Revisions 49 Pa. Code, Chapter 23.	October 1998, as proposed. No publication anticipated in next six months.	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). 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).	Deb Smith (717) 783-7134
State Board of Osteopathic Medicine Sexual Misconduct 49 Pa. Code, Chapter 25.	October 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 Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.	Gina Bittner (717) 783-4858
State Board of Pharmacy Examination Fees 49 Pa. Code, §§ 27.21, 27.24, and 27.91. Internship Requirements 49 Pa. Code, § 27.26.	September 1998, as final. No publication is anticipated in next six months.	The amendments implement the new national computer adaptive licensure examination concerning jurisprudence, the Multistate Pharmacy Jurisprudence Examination (MPJE), and establish applicable fees. The amendments are authorized under Sections 3(b) and 6(k)(2) and (9) of the Pharmacy Act, 63 P. S. §§ 390-3(b); 390-6(k)(2) and (9). The Board proposes to expand avenues for internship training to provide flexibility for students and pharmacy applicants seeking practical experience prerequisite to licensure. Statutory authority: 63 P. S. §§ 390-3(c), (e) and (f), and 390-6(k)(9).	W. Richard Marshman (717) 783-7157
State Board of Podiatry Sexual Misconduct 49 Pa. Code, Chapter 29.	October 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 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
State Board of Veterinary Medicine Professional Conduct 49 Pa. Code § 31.21. Advertising Emergency Services 49 Pa. Code § 31.21. Application Fees 49 Pa. Code § 31.41.	September 1998, as final. September 1998, as proposed. November 1998, as final.	Final rulemaking will remove 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). 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). Proposed rulemaking published 5/16/98 will increase application fees for veterinarians and animal health technicians, the temporary permit fee and the continuing education program approval fee. Statutory authority: 63 P. S. § 485.13.	Robert Kline (717) 783-1389
State Board of Dentistry--Sexual Misconduct 49 Pa. Code, Chapter 33. Advertising 49 Pa. Code § 33.203(b)(4). Expanded Function Dental Assistants 49 Pa. Code, Chapter 33. Continuing Professional Education 49 Pa. Code, Chapter 33.	No publication anticipated in next six months. No publication anticipated in next six months. No publication anticipated in next six months. September 1998, 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). The regulation will amend outdated provisions, clarify dental specialties and 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. 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). 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).	June Barner (717) 783-7162
Lasers 49 Pa. Code, Chapter 33	No publication anticipated in next six months.	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).
State Real Estate Commission General Revisions 49 Pa. Code, Chapter 35. Educational Standards 49 Pa. Code, Chapter 35.	October 1998, as proposed. No publication anticipated in next six months.	The Commission plans a comprehensive amendment to Chapter 35 to bring its existing regulations up to date with current policies. Statutory authority: 63 P. S. § 455.404. The Commission plans to update and amend current rules pertaining to the approval of schools and school directors, curriculum, etc. and revise continuing education requirements. Statutory authority: 63 P. S. § 455.404.	Debra Sopko (717) 783-3658
State Board of Certified Real Estate Appraisers--Experience Options for Certification 49 Pa. Code § 36.13. Inspection of Property 49 Pa. Code § 36.51	September 1998, as proposed. December 1998, as proposed.	The regulation would revise qualifying experience for certification as an appraiser; impose supervisory and record keeping duties on appraisers who supervise appraisal assistants; and require appraisal reports submitted as qualifying experience by applicants to conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulation brings more fairness, efficiency and structure to the evaluation of qualifying experience and complies with standards established for state appraiser boards by the Appraiser Qualifications Board (AQB), a federal regulatory body. Statutory authority: 63 P. S. § 457.5(2). The regulation would require all certificate holders to conduct a complete interior and exterior inspection of the subject property when performing an appraisal unless an inspection is not physically possible, in conformity with professional standards. Statutory authority: 63 P. S. § 457.5 (2).	Cheryl Lyne (717) 783-3397
Broker/Appraiser Fees 49 Pa. Code § 36.6. Continuing Education 49 Pa. Code §§ 36.41, 36.42, 36.261 and 36.262. Pre-certification Education and Experience 49 Pa. Code §§ 36.11 and 36.12.	October 1998, as final. September 1998, as proposed. September 1998, as final.	The regulation would establish an application fee and initial certification fee for the newly created 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). The regulation would raise biennial continuing education requirements and establish continuing education requirements for new broker/ appraisers; and require all certificate-holders to complete minimum hours on the USPAP and the Board's statutory and regulatory requirements, in compliance with AQB rules. Statutory authority: 63 P. S. § 457.5(2). The regulation would raise the experience and education requirements for certification as a residential appraiser and general appraiser to comply with standards established by the AQB that take effect January 1, 1998, pursuant to federal rules. 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. Temporary Permits 49 Pa. Code § 39.17. General Revisions 49 Pa. Code §§ 39.1--39.91. Continuing Education 49 Pa. Code §§ 39.31--39.71.	No publication anticipated in next six months. No publication anticipated in next six months. No publication anticipated in next six months. October 1998, as proposed.	The regulation will amend and clarify education and experience requirements for licensure. The amendments will remove outdated and confusing provisions. Statutory authority: Section 4(c) of the Nursing Home Administrators License Act, Act of June 22, 1970, P. L. 378, as amended, 63 P. S. § 1104(c). The regulation will update and clarify Board requirements for temporary permits. Section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114, authorizes the Board to issue temporary permits. These regulations will update and repeal outdated provisions of current regulations, including definitions, subject matter for examinations, approved programs of study, and licensure renewal. These revisions are authorized under Sections 4 and 9 of the Law, 63 P. S. §§ 1104 and 1109. The regulation will amend and clarify the continuing education requirement in Section 9 of the Nursing Home Administrators License Act, 63 P. S. § 1109.	Melissa Wilson (717) 783-7155
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. Sexual Misconduct 49 Pa. Code, Chapter 40.	January 1999, as proposed. October 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). 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.	Robert Kline (717) 783-7134
State Board of Psychology Postdoctoral Experience 49 Pa. Code § 41.31(c)(1)(ii)(E). Professional records 49 Pa. Code § 41.57. 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 six months. No publication anticipated in next six months. February 1998, as final.	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). 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). 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).	Melissa Wilson (717) 783-7155
Definitions/ ''Sexual Intimacies'' 49 Pa. Code § 41.61.	September 1998, as final.	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).
State Board of Occupational Therapy Education and Licensure Oral Orders 49 Pa. Code, § 42.25. State Board of Social Work Examiners Unprofessional Conduct and Sexual Misconduct 49 Pa. Code, Chapter 47. Continuing Education 49 Pa. Code § 47.32	September 1998, as proposed. September 1998, as proposed. September 1998, as proposed.	The regulation will authorize occupational therapists to accept oral orders from physicians for occupational therapy services under specific conditions. Statutory authority: 63 P. S. § 1505(b) 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). 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)	Clara Flinchum (717) 783-1389
STATE EMPLOYEES' RETIREMENT SYSTEM
Creditable Service 4 Pa. Code Chapters 241--249	July 1998, as proposed.	Regulation will be changed to eliminate outdated and redundant language and definitions will be amended to conform more closely to the Retirement Code.	Larry Brandenburg, Assistant Counsel 717-237-0352
STATE POLICE
Firearm Regulations Standards for licensed retail dealers Chapter 31 Procedures & Specifications for firearm record forms Chapter 33	August 1998, as final. August 1998, as final.	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. The State Police have promulgated rules and regulations, that provide for the administration of the provisions of the Uniform Firearms Act for the implementation of the Pennsylvania Instant Check System in order to ensure the identity, confidentiality, and security of all records and data pursuant collected.	Corporal Albert Picca 717-783-5598