[28 Pa.B. 700]
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Regulation Being Proposed Date Agency Considered for Promulgation Need and Legal Basis for Action Contact Return of Information as to Payment In Excess of $10
61 Pa. Code § 117.18March 1998, as final. This regulation amends § 117.18 (relating to return of information as to payment In excess of $10) to clarify how a Pennsylvania information return may be made by a regulated investment company. In March, 1996, the Department adopted a final-form regulation that amended § 117.18 In addition to other personal income tax regulatory sections. During the final stages of the adoption process, a comment was made regarding the information return made by a regulated investment company. To avoid delay in adoption of the entire regulatory package, the Department agreed to amend the section in a separate regulation. Douglas A. Berguson, 717-787-1382 Single Factor Apportionment
61 Pa. Code § 155.10January 1998, as proposed. Regulation provides that it is the policy of the Department that for tax years beginning on or after January 1, 1998, student loan assets set forth in § 155.10(d)(4)(vi) that are owned or held by a trust or other entity created or formed for the securitization of student loans, or by a trustee on its behalf, are exempt by reason of public policy from taxation for purposes of the taxable assets fraction under § 155.10. Douglas A. Berguson 717-787-1382 Telecommunications Service
61 Pa. Code §§ 31.1, 31.24, 48.1 and 55.8September 1998, as final. This regulation sets forth the Department's interpretation of the 1991 statutory changes set forth In section 201(m), 202(c) and 204(5) of the Tax Reform Code of 1971 (72 P. S. §§ 7201(m), 7202(c) and 7204(5)) regarding telephone, telegraph and telecommunications services. Douglas A. Berguson, 717-787-1382 Sales and Use Tax Amendments
61 Pa. Code §§ 7.3, 7.6, 31.4, 31.5, 31.7, 31.26, 32.1 - 32.5, 32.21, 32.22, 32.31 - 32.37, 33.1, 33.2, 33.4, 42.1, 42.3, 44.2, 45.1, 46.9, 47.18 and 58.13February 1998, as proposed. The Department is proposing numerous amendments to the Pennsylvania Code, Title 61. This regulatory package is the result, in part, of a comprehensive review of sales and use tax regulations in light of legislative changes from 1991 to the present. Douglas A. Berguson, 717-787-1382 Vehicle Rental Tax
61 Pa. Code §§ 9.14 and 47.20April 1998, as final. This regulation sets forth the Department's interpretation of Article XVI-A Vehicle Rental Tax (72 P. S. §§ 8601-A - 8604-A). Currently the Department's interpretation is set forth as a pronouncement and codified at § 9.14 (relating to passenger car rental tax). The Department has concluded that its policy relating to Article XVI-A should be set forth as a regulation. Therefore, in addition to proposing to add § 47.20 (relating to vehicle rental tax), the Department is also proposing to delete the pronouncement set forth at § 9.14. Douglas A. Berguson, 717-787-1382 Utility Gross Receipts Tax
61 Pa. Code §§ 160.21 - 160.43May 1998, as proposed. The Department is proposing this regulation to clarify the changes to the utility gross receipts tax brought about by utility deregulation (Act 138-1996) codified in Title 15 and Title 66. This regulation will also provide guidance and clarity to out-of-state businesses and the emerging industry. Douglas A. Berguson, 717-787-1382 SECURITIES COMMISSION ''Registration Procedure''
64 Pa. Code § 303March 1998, as proposed. The Commission plans to amend this regulation to conform its requirements to the state preemption provisions of the federal National Securities Markets Improvement Act of 1996. G. Philip Rutledge
(717) 783-5130''Post-Registration Provisions''
64 Pa. Code § 304March 1998, as proposed. The Commission plans to amend this regulation to conform its requirements to the state preemption provisions of the federal National Securities Markets Improvement Act of 1996. G. Philip Rutledge
(717) 783-5130''Suspension & Revocation''
64 Pa. Code § 305March 1998, as proposed. The Commission plans to amend this regulation to conform its requirements to the state preemption provisions of the federal National Securities Markets Improvement Act of 1996. G. Philip Rutledge
(717) 783-5130''Advertisements by investment advisers''
64 Pa. Code § 404.010March 1998, as proposed. The Commission plans to amend this regulation to conform its requirements to the state preemption provisions of the federal National Securities Markets Improvement Act of 1996. G. Philip Rutledge
(717) 783-5130''Notice to Purchasers under Section 207(m)''
64 Pa. Code § 207.130March 1998, as proposed. This amendment would implement provisions of Act 126 of 1994. Act 126 of 1994 amended Section 207(m) and deleted its application to transactions under Sections 203(e) and (r) of the 1972 Act while also making the furnishing of a notice reciting the withdrawal rights under Section 207(m) a condition of the exemption in Section 203(d). Act 126 also gave the Commission explicit authority to adopt a regulation specifying the form and manner in which a 207(m) notice has to be given. G. Philip Rutledge
(717) 783-5130''Financial institutions exempt from broker-dealer registration''
64 Pa. Code § 302.065March 1998, as proposed. This regulation would exempt financial institutions and individuals representing financial institutions from broker-dealer and agent registration if the activities are conducted in connection with a net working arrangement or brokerage affiliate arrangement. G. Philip Rutledge
(717) 783-5130STATE Corporations Bureau Spring 1998, as proposed. The Corporations Bureau will propose deleting references by name to the Governor, Secretary of the Commonwealth and Director of the Corporation Bureau on its sample filing forms and to the docketing statement promulgated by the Department pursuant to 15 Pa. C. S.§ 133 because changes in administration render such references obsolete. It should be noted that under Section 133 sample filing forms are not considered to be agency regulations for purposes of the Administrative Code, the Commonwealth Attorneys Act or the Regulatory Review Act but shall be subject to opportunity of public comment required under Section 201 of the Commonwealth Documents Law. Michael Frick,
(717) 787-1057Bureau of Commissions, Elections and Legislation Spring 1998, as proposed. The Department proposes comprehensive revisions to regulations found at 4 Pa. Code to eliminate obsolete provisions, reflect recent statutory changes and to reflect changes to campaign expense reporting as a result of the computerization initiative. The amendments will be proposed pursuant to the Pennsylvania Voter Registration Act (25 P. S. § 961.301), the Pennsylvania Election Code (25 P. S. § 2601 et seq ) and Campaign Expense Reporting Law (25 P. S. § 3241 et seq) Richard Filling,
(717) 787-5280Bureau of Commissions, Elections and Legislation Spring 1998, as final. The Department proposes to eliminate references to campaign expense reporting forms which are obsolete. The amendments will be proposed pursuant to the Campaign Expense Reporting Law (25 P. S. § 3241 et seq) Richard Filling,
(717) 787-5280State Athletic Commission February 1998, as final. Spring 1998, 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. The final regulations were transmitted to the committees and IRRC in November 1997. The SAC proposes comprehensive revisions to 58 Pa. Code in order to reflect changes to the Pennsylvania Athletic Code as well as changes in commission procedures. The regulations will be promulgated pursuant to the Pennsylvania Athletic Code (5 Pa. C.S.A. § 101 et. seq). Greg Sirb
(717) 787-5720Navigation Commission for the Delaware River and Its Navigable Tributaries Winter 1998, 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) 787-6458State Board of Auctioneer Examiners Absolute Auctions - 49 Pa. Code § 1.41. No publication anticipated in next 6 months. 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) 783-3397Approved Course of Study - 49 Pa. Code § 1.11. No publication anticipated in next 6 months. 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. No publication anticipated in next 6 months. 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. Biennial Renewal Increase - 49 Pa. Code § 1.41 February 1998, as proposed.
May 1998, as final.Proposed rulemaking will increase biennial renewal fees for auctioneers and apprentices. Legal authority for the regulation is 63 P. S. §§ 734.32, 734.33. 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. Statutory authority: 63 P. S. § 566.4(b). Sara Sulpizio
(717) 783-3402State Board of Chiropractic Sexual Misconduct - 49 Pa. Code § 5.54. June 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 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) 783-7156Peer Review - 49 Pa. Code § 5.55. No publication anticipated in next 6 months. 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). State Board of Cosmetology Disinfection, Equipment and Supplies; Accreditation - 49 Pa. Code §§ 7.71, 7.71a, 7.71b, 7.105, 7.113a and 7.114. March 1998, 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 and schools are authorized under Section 11 of the Act of May 3, 1933, P. L. 242, as amended, 63 P. S. § 517. Sara Sulpizio
(717) 783-7130General Revisions - 49 Pa. Code, Chapter 7. September 1998, as proposed. Revision of all regulations; updating all regulations and deleting outdated provisions. Statutory authority: 63 P. S. § 517. State Architects Licensure Board General Revisions - 49 Pa. Code §§ 9.1 -9.211. March 1998, as final. 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). Dorna Thorpe
(717) 783-3398State 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. September 1998, 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: 63 P. S. § 9.3(10). Dorna Thorpe
(717) 783-1404Commissions and Referral Fees - 49 Pa. Code § 11.24. No publication anticipated in next 6 months. The regulation would set forth the nature of the written disclosure that certified public accountants and public accountants must make in order to pay or receive commissions and referral fees in connection with the referral or recommendation of products and services. The regulation is necessary to comply with recent amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.12(p). General Revisions - 49 Pa. Code §§ 11.4, 11.5, 11.7-11.9, 11.12-11.14, 11.18, 11.25, 11.27, 11.30, 11.31, 11.35, 11.41 and 11.53-11.55. September 1998, as proposed. The regulations would revise or eliminate existing requirements to conform to sweeping amendments to the C.P.A. Law that took effect February 3, 1997. Statutory authority: 63 P. S. § 9.3(10)-(12). State Board of Funeral Directors Pre-need
49 Pa. Code Chapter 13Fall 1998, as proposed. The board intends to promulgate regulations to provide clear and concise guidance to licensees regarding pre-need monies and contracts. Legal authority: Section 16(a) of the Law, 63 P. S. § 479.16(a). Cheryl Lyne
(717) 783-3397State Board of Landscape Architects Continuing Education - 49 Pa. Code § 15.71-15.83. April 1998, 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. Shirley Klinger
(717) 783-3397Examination Fees - 49 Pa. Code § 15.12. May 1998, as final. Amendments are required to raise fees for C.L.A.R.B. partial licensing examination commencing December, 1998, pursuant to contract. The Board is required to administer this examination under Sections 4(2) and 4(3) of the Landscape Architects' Registration Law, Act of January 24, 1966, P. L. (1965) 1527, 63 P. S. §§ 904(2) and 904(3). State Board of Medicine Sexual Misconduct - 49 Pa. Code, Chapter 16. Summer 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 8 of the Medical Practice Act, Act of December 20, 1985, P. L. 457, as amended, 63 P. S. § 422.8. Cindy Warner
(717) 783-1400Complaint Process - 49 Pa. Code § 16.62. April 1998, as final. Regulations which provide for recommendation by the Board prosecutor to the Board on the disposition of complaints were declared invalid in Lyness v. State Board of Medicine, 605 A.2d 1204 (1992). The Board has authority to repeal these regulations under Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. Certified Registered Nurse Practitioners (CRNPs) - 49 Pa. Code § 18.21. No publication anticipated in next six months. The Board intends to collaborate with the State Board of Nursing to jointly promulgate standards and criteria by which CRNPs could write prescriptions for medical therapeutic measures. Provide for prescriptive authority of the CRNP in the Commonwealth under Section 15 of the Medical Practice Act, 63 P. S. § 422.15. Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP) - 49 Pa. Code § 18.41. Summer 1998, as proposed. Renewal Fees - 49 Pa. Code § 16.13. February 1998, as proposed.
May 1998, as final.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) 783-140049 Pa. Code § 16.98. No publication anticipated in next six months. The Board intends to increase renewal fees. Section 6 of the Medical Practice Act, 63 P. S. § 422.6 requires the Board to fix fees to meet expenditures over a two-year period. If fees are not increased, the Board projects a deficit by the end of the next renewal period. 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). Cindy Warner
(717) 783-1400Sympathomimetic Amines - 49 Pa. Code § 16.96. April 1998, as final. The Board intends to delete regulations pertaining to the prescribing of sympathomimetic amines. The regulation was sunset by its own terms January 17, 1992. State Board of Vehicle Manufacturers, Dealers and Salespersons
General Provisions, Licensure, Facility requirements - 49 Pa. Code §§ 19.1-19.23.Summer 1998, 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) 783-1697State Board of Nursing Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP) - 49 Pa. Code § 21.271. Summer 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). Ann Steffanic
(717) 783-7142Nursing Functions - 49 Pa. Code §§ 21.11, 21.12, 21.13, 21.14, 21.15, 21.16, 21.145. Winter 1998, as final. 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 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. Spring 1998, as proposed. These regulations will update or delete outdated provisions pertaining to registered nurses and consolidate all regulatory provisions pertaining to registered nurse education programs. Revisions to the regulations are authorized by Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). LPN general revisions - 49 Pa. Code §§ 21.141--21.234. Summer 1998, as proposed. These regulations will update or delete outdated provisions pertaining to licensed practical nurses and consolidate all regulatory provisions pertaining to practical nurse education programs. Revisions to the Practical Nurse Law are authorized under Section 17.6, 63 P. S. § 667.6. CRNP prescriptive privileges
49 Pa. Code §§ 21.151 - 21.351.Summer 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. Ann Steffanic
(717) 783-7142Sexual Misconduct - 49 Pa. Code §§ 21.18 and 21.148. Spring 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 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. Fall 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 3(a)(14) of the Optometric Practice and Licensure Act, Act of June 6, 1980, P. L. 197, as amended, 63 P. S. § 244.3(a)(14). Deb Smith
(717) 783-7134General Revisions - 49 Pa. Code, Chapter 23. No publication anticipated in next six months. The Board proposes to revise regulations concerning fee sharing, corporate and fictitious name practice, specialty advertising and reciprocity. The Board intends to remove regulations which unduly burden optometrists in the business structure of practices and in procedures related to reciprocal licensure, as well as to clarify the parameters of specialty advertising. Statutory authority: Section 3(a)(14) of the Optometric Practice and Licensure Act, Act of June 6, 1980, P. L. 197, as amended, 63 P. S. § 244.3(a)(14). Certification for the Prescription of Therapeutic Drugs - 49 Pa. Code, Chapter 23. March 1998, as final. 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. State Board of Osteopathic Medicine Sexual Misconduct - 49 Pa. Code, Chapter 25. June 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) 783-4858Sympathomimetic Amines - 49 Pa. Code § 25.211. February 1998, as final. The Board anticipates deleting 49 Pa. Code § 25.211. Section 25.211(g) provides that the Board would delete section 25.211 by January 17, 1992, unless the section were revised or reestablished. The Board has determined not to revise or reestablish this section. The Board, therefore, will delete. State Board of Pharmacy General Revisions - 49 Pa. Code, Chapter 27. April 1998, 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) 783-7157State Board of Podiatry Sexual Misconduct - 49 Pa. Code, Chapter 29. June 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) 783-4858State Board of Veterinary Medicine Rules of Professional Conduct - 49 Pa. Code § 31.21. Spring 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). Robert Kline
(717) 783-1389Advertising Emergency Services - 49 Pa. Code § 31.21. Spring 1998, as proposed. 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). Application Fees - 49 Pa. Code § 31.41. Spring 1998, as proposed. Proposed rulemaking 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. State Board of Dentistry Fees - 49 Pa. Code § 33.3. Winter 1998, as final. The regulations will establish temporary permit and certification fees for expanded function dental assistants (EFDAs) and increase application fees for dentists and dental hygienists. The Dental Law requires the Board to issue temporary permits and certificates for EFDAs and collect a fee for those documents, 63 P. S. §§ 122(d.1) and 130h, and to collect the costs associated with the review of applications. June Barner
(717) 783-7162Sexual Misconduct - 49 Pa. Code, Chapter 33. No publication anticipated in next six months. 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 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. Expanded Function Dental Assistants - 49 Pa. Code, Chapter 33. Summer 1998, 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. Winter 1998, as proposed. This regulation will establish continuing education regulations for dentists, dental hygienists and expanded function dental assistants. The regulations are required under Act 113 of 1996, which amended Section 3(j) of the Dental Law, 63 P. S. § 122(j). Lasers - 49 Pa. Code, Chapter 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). June Barner
(717) 783-7162State Real Estate Commission General Revisions - 49 Pa. Code, Chapter 35. February 1998, 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. Debra Sopko
(717) 783-3658State Board of Certified Real Estate Appraisers Definitions - 49 Pa. Code § 36.1. September 1998, 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). Cheryl Lyne
(717) 783-3397Experience Options for Certification
49 Pa. Code § 36.13.April 1998, as proposed. The regulation would expand the categories of qualifying experience for certification as an appraiser; require appraisers who supervise appraisal assistants to keep records of assistants' activities and provide verification of their experience to the Board; and mandate that all appraisal reports submitted as qualifying experience by applicants for certification conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulation brings more fairness, efficiency and structure to the Board's evaluation of qualifying experience. The regulation complies with standards established for state appraiser boards by the Appraisal Foundation's Appraiser Qualifications Board (AQB), a federal regulatory body. Statutory authority: 63 P. S. § 457.5(2). Inspection of Property
49 Pa. Code § 36.51April 1998, as proposed The regulation would clarify that a certified general appraiser, certified residential appraiser or certified broker/appraiser is required, when performing an appraisal, to conduct a complete interior and exterior inspection of the subject property unless an inspection is not physically possible. The regulation is necessary to ensure that every appraisal performed by a certificate-holder of the Board complies with appropriate professional standards. Statutory authority: 63 P. S. § 457.5 (2). Standards of Professional Conduct - 49 Pa. Code § 36.281. February 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). Cheryl Lyne
(717) 783-3397Broker/Appraiser Fees - 49 Pa. Code § 36.6. April 1998, 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 36.262. April 1998, 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. September 1998, as final. 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. 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 License Act, 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 License Act, Act of June 22, 1970, P. L. 378, as amended, 63 P. S. § 1104(c). Melissa Wilson
(717) 783-7155Temporary 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 License Act, 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. Continuing Education - 49 Pa. Code §§ 39.31-39.71. June 1998, as proposed. The regulation will amend and clarify the continuing education requirement in Section 9 of the Nursing Home Administrators License Act, 63 P. S. § 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) 783-7134Sexual Misconduct - 49 Pa. Code, Chapter 40. 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). Melissa Wilson
(717) 783-7155Definitions - 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. February 1998, 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). Definitions/ ''Sexual Intimacies'' - 49 Pa. Code § 41.61. February 1998, 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). Melissa Wilson
(717) 783-7155State Board of Social Work Examiners Unprofessional Conduct and Sexual Misconduct - 49 Pa. Code, Chapter 47. Fall 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 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) 783-1389Continuing Education
49 Pa. Code § 47.32April 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 EMPLOYES' RETIREMENT SYSTEM Preliminary Provisions
4 Pa. Code, Chapter 241.July 1998, as proposed. Various definitions will be added and current definitions will be updated to clarify language and conform to legal precedent. Larry Brandenburg
(717) 237-0352Membership, Credited Service, etc.
4 Pa. Code, Chapter 243.July 1998, as proposed. Changes will be made to Chapter 243 that will clarify optional membership status and seasonal employment. Changes to sections 5 and 6 will be made to make consistent with judicial rulings. Annuity, vesting, refund, and eligibility point criteria will also be evaluated for change. Larry Brandenburg
(717) 237-0352Contributions
4 Pa. Code, Chapter 245.July 1998, as proposed. Unnecessary sections will be proposed for deletion. Sections effecting contributions for the purchase of previous state and non-state service will be clarified to address procedural issues. Larry Brandenburg
(717) 237-0352Benefits
4 Pa. Code, Chapter 247.July 1998, as proposed Provisions will be added to reflect the McKenna and Catania decisions. Larry Brandenburg
(717) 237-0352Administration, Funds, Accounts, General Provisions
4 Pa. Code, Chapter 249.July 1998, as proposed Various changes to administrative role and functions of the Board will be considered. Larry Brandenburg
(717) 237-0352STATE POLICE Firearm Regulations Standards for licensed retail dealers Chapter 31 Summer 1998, 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 Summer 1998, 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 Spring 1998, 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 STATE SYSTEM OF HIGHER EDUCATION No regulations being developed or considered at this date. TRANSPORTATION Temporary Registration Cards and Plates Chapter 43 June 1998, as final. Proposed amendments based on concerns identified by Dealer Industry/Department efforts. Revises sanctioning requirements for Dealers, making sanctions more equitable. Final Promulgation package with the Department's Legal Counsel. Linley Oberman
(717) 787-2780Manufacturer, 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. Final Promulgation package with the Department's Legal Counsel. Linley Oberman
(717) 787-278060 - Permanent Registration of Fleet Vehicles July 1998, as proposed. Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997). Tom Zamboni
(717787-397760 - Proportional Registration of Fleet Vehicles July 1998, as proposed. Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997). Tom Zamboni
(717787-3977School Buses and School Vehicles Chapter 171 June 1998, as proposed. Amendments are needed to clarify previous revisions and to address concerns raised by the School Bus Vehicle Industry and related Associations. The Department has prepared draft amendments based on recommendations received by various associations. Proposed Regulatory package final draft to be reviewed by Legal Counsel. Anne Titler
(717) 783-4737Vehicle Equipment and Inspection Chapter 175 June 1998, as final. Amendments are required due to changes in PA Vehicle Code and Federal equipment regulations. Final adoption delayed as a result of the prioritization of the Emission regulation amendments. John Munafo
(717) 783-6823Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers Chapter 83 December 1998, 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. The Department's Medical Advisory Board is in the process of approving proposed amendments. Anne Titler
(717) 783-4737Liquid Fuels Tax Chapter 449 June 1998, as proposed. The Department is working with the Department of Community and Economic Development's Center for Local Government Services on processing revisions that will be incorporated into a shorter revised regulation. Mitzi Westover
(717) 783-5315School Bus Drivers Chapter 71 December 1998, as proposed. Creates waivers for school bus drivers, with medical conditions, which pose no significant danger to driving. The Department's Medical Advisory Board is in the process of approving proposed amendments. Anne Titler
(717) 783-4737Mechanical, Electrical and Electronic Speed-Timing Devices Chapter 105 June 1998, 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) 783-6823Work Zone Traffic Control Devices Chapter 203 March 1998, 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) 787-3620Official Traffic Control Devices Chapter 211 March 1998, 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) 787-3620Hold-Down and Tie-down Devices for Junked Vehicles and Vehicle Hulks
Chapter 181March 1998, as proposed. Repeal--incorporate provisions in Chapter 231 Daniel Smyser
(717) 787-7445Engineering and Traffic Studies
Chapter 201September 1998, as proposed Revise this chapter to eliminate some portions that duplicate federal standards included in the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Art Breneman
(717)787-3620Intrastate Motor Carrier Safety Requirements
Chapter 231March 1998, as proposed Incorporate new Federal provisions, and provisions from Chapter 181. Daniel Smyser
(717) 787-7445Hazardous Materials Transportation
Chapter 403January 1998, as proposed. Incorporate new federal provisions and eliminate registration requirement. Daniel Smyser
(717)787-7445
[Pa.B. Doc. No. 98-225. Filed for public inspection February 6, 1998, 9:00 a.m.]
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