[29 Pa.B. 3443]

[Continued from previous Web Page]

   

	Proposed Date for
Regulation Being Considered	Promulgation	Need and Legal Basis for Action	Agency Contact
REVENUE
Books, Publications and Advertising Materials 61 Pa. Code § 31.29	Fall 1999, as final.	The Department is amending § 31.29 (relating to books, printed matter and advertising materials) in response to statutory changes and inquiries from the public.	Douglas A. Berguson 717-787-1382
Compensation; Allowable Deductions From Gross Compensation and Deferred Compensation Arrangements 61 Pa. Code §§ 101.6, 101.6a and 101.6b	Fall 1999, as proposed.	The Department is amending §§ 101.6 and adding 101.6a and 101.6b to set forth its interpretation of current case law and current policy in the areas of compensation; commonly recognized old age or retirement benefits; reimbursements of business expenses; and guaranteed payments.	Douglas A. Berguson 717-787-1382
Credits Against Tax; Estimated Tax 61 Pa. Code §§ 111.2 - 111.5, 115.1 - 115.5, 115.8, 115.9 and 115.11 - 115.12	Winter 2000, as proposed.	This regulation sets forth the Department's policy relating to taxes for which credit is not allowed; other conditions for allowance of the credit for taxes paid to other states; limitations on the amount of the credit for taxes paid to other states; proof requirements; jointly paid estimated tax; and application of overpayments of estimated tax. This regulation is necessary to delete obsolete text; add language consistent with statutory changes; and provide additional guidance in areas that have been subject to questions from the public.	Douglas A. Berguson 717-787-1382
Commercial Motion Pictures 61 Pa. Code § 32.38	Summer 1999, as final.	The Department is setting forth its interpretation of section 2 of Act 7-1997, section 204(54) (72 P. S. § 7204(54)) regarding the sales and use tax exclusion for the sale at retail to or use by a producer of commercial motion pictures of any tangible personal property directly used in the production of a feature-length commercial motion picture distributed to a national audience.	Douglas A. Berguson 717-787-1382
Computer Software and Related Transactions 61 Pa. Code § 31.33	Fall 1999, as proposed.	Pursuant to Act 7-1997, various types of computer services are no longer subject to sales and use tax on or after July 1, 1997. However, certain computer related transactions remain subject to tax. This regulation provides guidance concerning these transactions.	Douglas A. Berguson 717-787-1382
Definitions; Net Profits and Regulated Investment Companies 61 Pa. Code §§ 101.1, 103.12 and 155.30	Summer 1999, as final.	Section 101.1 (relating to definitions) is being amended by replacing the existing definitions of ''employee'' and ''employer'' with new definitions consistent with the requirements of 72 P. S. § 7301(g) and (h). The definition of ''income'' is being expanded to implement the provisions of 72 P. S. § 7602(f)(2)(A) and reflect recent holdings in Morgan v. Commonwealth, 42 Pa. Commonwealth Ct. 557, 400 A.2d 1384 (1979) and Wettach v. Commonwealth, 153 Pa. Commonwealth Ct. 293, 620 A.2d 730 (1993). Section 103.12 (relating to net profits) is also being amended to reflect Morgan and Wettach. The definition of ''personal income tax income'' set forth in § 155.30(b)(4) (relating to regulated investment companies) is being amended to provide that the term means income computed in the same manner and on the same basis as the income of an individual under Article V. Personal Income Tax.	Douglas A. Berguson 717-787-1382
Disclaimers of Nonprobate Taxable Assets 61 Pa. Code § 93.81	Summer 1999, as final.	The regulation sets forth specific conditions that must be met in order for a disclaimer executed in regard to nonprobate taxable assets and nontrust assets of resident decedents to be valid for Pennsylvania inheritance tax purposes. Based on the decision and order received from the Commonwealth Court In Re Estate of Bernecker, 654 A.2d 246 (Pa. Commonwealth 1995), the Department is revising its policy on the effectiveness of disclaimers of nonprobate taxable assets for Pennsylvania inheritance tax purposes.	Douglas A. Berguson 717-787-1382
File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program 61 Pa. Code §§ 117.19 - 117.21	Fall 1999, as proposed.	The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. The Federal and State electronic tax filing program involves the filing of a Pennsylvania personal income tax return as part of the Federal and State Electronic Filing Program.	Douglas A. Berguson 717-787-1382
Lawn Care Services 61 Pa. Code §§ 55.6 and 60.2	Summer 1999, as proposed.	This regulation sets forth the Department's interpretation of Act 22-1991 (72 P. S. §§ 7201(k)(17), (o)(15) and (jj)) relating to lawn care services.	Douglas A. Berguson 717-787-1382
Local Tax 61 Pa. Code §§ 60.16, and 95.1 - 95.303	Fall 1999, as proposed.	This regulation sets forth the Department's interpretation of sections 501-509 of the Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class (53 P. S. §§ 12720.501 - 12720.509), sections 3150-B - 3157-B of the Second Class County Code (16 P. S. §§ 6150-B - 6157-B) and section 201-A of the Tax Reform Code of 1971 (72 P. S. § 7201-A). Currently the Department's interpretation is set forth as a pronouncement and codified at 61 Pa. Code § 60.16 (relating to local sales, use and hotel occupancy tax). The Department has concluded that its policy relating to local sales, use and hotel occupancy tax should be set forth as a regulation. Therefore, In addition to proposing to add Chapter 95. Local Tax, the Department is also proposing to delete the pronouncement set forth at § 60.16.	Douglas A. Berguson 717-787-1382
Payments for Employe Welfare Benefit Plans and Cafeteria Plans 61 Pa. Code §§ 101.1, 101.6 and 101.7	Winter 1999, as final.	The amendments to §§ 101.1, 101.6, and 101.7 are being added to explain how employee welfare benefit programs and other wage and salary supplemental programs are taxed and to implement amendments to section 301(d) of the Tax Reform Code of 1971 (72 P. S. § 7306(d)) under Act 7-1997.	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 58.13	Fall 1999, as final.	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
Telecommunications Service 61 Pa. Code §§ 31.1, 31.24, 48.1 and 55.8	Summer 1999, 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
Utility Gross Receipts Tax 61 Pa. Code §§ 160.21 - 160.43	Summer 1999, 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
Vending Machines 61 Pa. Code § 31.28	Summer 1999, as proposed	This regulation sets forth the Department's interpretation of Act 45-1998 as it relates to vending machines.	Douglas A. Berguson 717-787-1382
SECURITIES COMMISSION
Licensing Regulations 64 Pa. Code § 303 - § 404	October 1999, as proposed.	The Commission plans to amend a number of licensing regulations to conform them to the state preemption provisions of the federal National Securities Markets Improvement Act of 1996.	G. Philip Rutledge (717) 783-5130
Corporate Finance Regulations 64 Pa. Code § 202-209 64 Pa. Code § 504-513 64 Pa. Code § 606-609	June 1999, as proposed.	The Commission proposes to amend or adopt a number of regulations as a result of passage of Act 109 of 98, which amended the PA Securities Act of 1972.	G. Philip Rutledge (717) 783-5130
STATE
Bureau of Commissions, Elections and Legislation	December 1999, as proposed.                 September 1999, as proposed.	The Department proposes comprehensive revisions to regulations at 4 Pa. Code to eliminate obsolete provisions, and to reflect recent statutory changes. 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)   The Department proposes to eliminate outdated references to campaign finance reporting forms. The amendments will be proposed pursuant to the Campaign Expense Reporting Law (25 P. S. § 3241 et seq)	Richard Filling, (717) 787-5280
State Athletic Commission 58 Pa. Code, Chapter 21	September 1999, as proposed.	Comprehensive revisions to 58 Pa. Code will reflect statutory changes to the Pennsylvania Athletic Code and 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) 787-5720
Navigation Commission for the Delaware River and Its Navigable Tributaries - 13 Pa. Code Ch. 201-209.	September 1999, as proposed.	Proposed comprehensive revisions will enhance navigational safety, eliminate obsolete regulations and reflect statutory changes pursuant to 55 P. S. § 31 and 71 P. S. § 670.2(4).	L. Lawrence Boyle (717) 787-6458
Bureau of Professional and Occupational Affairs - Schedule of Civil Penalties for Act 48 - State Boards of Accountancy, Architects, Auctioneers, Professional Engineers, Land Surveyors and Geologists, and Dentistry - 49 Pa. Code, Chapter 43	September 1999, as proposed.	The Boards propose to provide for civil penalties for violations pertaining to the conduct or operation of a business or facility licensed by the Board. Statutory authority: 63 P. S. § 2205(a).	Beth Sender Michlovitz (717) 783-7200
State Board of Auctioneer Examiners - Schedule of Fees - 49 Pa. Code § 1.41.	Fall 1999, as proposed.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 734.6.	Linda Dinger (717) 783-3397
State Board of Barber Examiners - General Revisions 49 Pa. Code, Chapter 3.     Verification/Certification Fees - 49 Pa. Code § 3.103.	September, 1999, as proposed.       Fall 1999, as proposed.	The Board proposes to revise and update its entire chapter and repeal antiquated provisions. Statutory authority: 63 P. S. § 566.4(b).   This regulation apportions costs of providing Board services to specific applicants and licensees Statutory authority: Section 14 of the Barber License Law, 63 P. S. § 564.	Sara Sulpizio (717) 783-3402
State Board of Chiropractic - Sexual Misconduct - 49 Pa. Code § 5.54.             Peer Review - 49 Pa. Code § 5.55.             Application Fees - 49 Pa. Code § 5.6.	No publication anticipated in next six months.             No publication anticipated in next six months.           Fall 1999, 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. Statutory authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).   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. Statutory authority: Section 302(3), 63 P. S. § 625.302(3).   This regulation apportions costs of providing Board services to specific applicants and licensees. Statutory authority: 63 P. S. §§ 625.302(3) and 625.1101.	Deb Smith (717) 783-7156
State Board of Cosmetology - Disinfection, Equipment and Supplies; - 49 Pa. Code §§ 7.71, 7.71a, 7.71b, 7.105, 7.113a and 7.114.       General Revisions - 49 Pa. Code, Chapter 7.     Safe use of Chemicals - 49 Pa. Code § 7.96.         Examination Fees - 49 Pa. Code § 7.2	January 2000, as proposed.             March 2000, as proposed.     March 2000, as proposed.         Summer 1999, as final.	These regulations reflect improved industry standards for disinfecting and sterilizing equipment required to be available in cosmetology shops. Minimum safety and sanitation standards are authorized under Section 11 of the Cosmetology Law, 63 P. S. § 517.   These regulations will revise and update current rules and repeal outdated provisions. Statutory authority: 63 P. S. § 517.   The Board will update and broaden standards to require licensees to follow manufacturers' instructions and FDA restrictions when using chemicals on clients. Statutory authority: 63 P. S. § 517.   The regulation amends the Board's fee schedule by revising the fees for the complete cosmetologist, cosmetician, manicurist or teacher examination and the manager theory examination. Current fees do not reflect actual contract costs for examination services which have increased as a result of a new contract with a professional testing organization. Statutory authority: 63 P. S. §§ 519(b) and 522(a).	Sara Sulpizio (717) 783-7130
State Architects Licensure Board - Fees - 49 Pa. Code § 9.3.     Completion of Architectural Work Initiated by a Deceased Architect - 49 Pa. Code Chapter 9.	Fall 1999, as proposed.       December 1999, as proposed.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. §§ 34.6(d) and 34.11.   The new regulation is needed because the current regulations pertaining to the architect's seal do not provide adequate guidance as to allowable procedures for completion of a deceased architect's work. Statutory authority: 63 P. S. §§ 34.6(b), 34.6(d) and 34.12.	Dorna Thorpe (717) 783-1404
State Board of Accountancy - Continuing Education Program Sponsors - 49 Pa. Code §§ 11.1, 11.4, 11.64- 11.65, 11.66, 11.70-11.73, 11.80.     Commissions and Referral Fees - 49 Pa. Code § 11.24.           General Revisions - 49 Pa. Code, Chapter 11.       Peer Review - 49 Pa. Code, §§ 11.81-11.86.                     Fees - 49 Pa. Code § 11.4.	Summer 1999, as proposed.             Fall 1999, as proposed.             Fall 1999, as proposed.       Summer 1999, as proposed.                     Summer 1999, as proposed.	The regulations require approved continuing education program sponsors to renew their approval biennially and authorize the Board to conduct audits of approved programs. The regulations ensure that continuing education programs meet licensure renewal needs. Statutory authority: 63 P. S. § 9.3(10).   The regulation establishes requirements for licensees who pay or receive commissions and referral fees in connection with the referral or recommendation of products and services. The regulation complies with 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.12(p).   The regulations repeal outdated requirements in compliance with 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.3(10)-(12).   The regulations clarify deadlines for peer review compliance; establish qualifications for peer review administering organizations, peer review team captains, and peer reviewers; adopt peer review standards; prescribe conditions for out-of-state peer reviews of multi-state firms; provide for confidentiality of peer review reports; and define relevant terms. The regulation implements 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. §§ 9.8h and 9.8i.   The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 9.6.	Dorna Thorpe (717) 783-1404
State Board of Funeral Directors - Pre-need Requirements - 49 Pa. Code, Chapter 13.       Application/Certification/ Verification/ Reinspection Fees - 49 Pa. Code § 13.12.	October 1999, as proposed.             Fall 1999, as proposed.	The Board will update current regulations in order to provide clear and concise guidance to licensees regarding pre-need monies and contracts. Legal authority: Section 16(a) of the Funeral Director Law, Act of January 14, 1952, as amended, 63 P. S. § 479.16(a).   The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 479.18.1.	Cheryl Lyne (717) 783-3397
State Board of Landscape Architects - Continuing Education - 49 Pa. Code § 15.71-15.83.         Application Fees - 49 Pa. Code §§ 15.12, 15.57.	September 1999, as final.             Fall 1999, as final.	The amendments establish procedures and standards for continuing education as a condition of biennial renewal pursuant to 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.   The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Section 5 of the Law, 63 P. S. § 905, requires the Board to adopt fees by regulation to match Board revenues with expenditures.	Shirley Klinger (717) 772-8528
State Board of Medicine - Sexual Misconduct - 49 Pa. Code, Chapter 16.                 Certified Registered Nurse Practitioners (CRNPs) - 49 Pa. Code § 18.21.           General Delegation - 49 Pa. Code, Ch. 16.       Fees - 49 Pa. Code §§ 16.13, 16.17, 18.303.       Health Care Services Malpractice Act - 49 Pa. Code § 16.32.	August 1999, as proposed.                   September 1999, as proposed.             October 1999, as proposed.       September 1999, as proposed.         October 1999, as final.	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.   The Board will collaborate with the State Board of Nursing for joint promulgation of standards and criteria by which CRNPs could write prescriptions for medical therapeutic measures. Prescriptive authority of the CRNP is provided under Section 15 of the Medical Practice Act, 63 P. S. § 422.15.   This regulation would establish standards for the delegation of medical services to qualified personnel. Statutory authority: Section 17(b) of the Medical Practice Act, 63 P. S. § 422.17(b).   The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. The Board has authority to adopt such regulation under Section 6 of the Medical Practice Act, 63 P. S. § 422.6.   The General Assembly amended the Health Care Services Malpractice Act to increase malpractice insurance coverage requirements. The Board's regulations are out of date regarding these amounts. The Board plans to delete the duplication of the statutory dollar amounts and instead provide reference to the statute. Statutory authority: 40 P. S. §§ 1301.101-1301.1006.	Cindy Warner (717) 783-1400
State Board of Vehicle Manufacturers, Dealers and Salespersons - General Provisions, Licensure, Facility requirements - 49 Pa. Code §§ 19.1-19.23.         Verification/Certification Fees - 49 Pa. Code § 19.4.	October 1999, as proposed.                 August 1999, as proposed.	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).   This regulation apportions costs of providing Board services to specific applicants and licensees, pursuant to Section 30 of the Board of Vehicles Act, 63 P. S. § 818.30.	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.             RN general revisions - 49 Pa. Code §§ 21.1 - 21.126.             LPN general revisions - 49 Pa. Code §§ 21.141 - 21.234.             Application Fees - 49 Pa. Code §§ 21.5, 21.147, and 21.1253.         CRNP prescriptive privileges - 49 Pa. Code §§ 21.151 - 21.351.                   Sexual Misconduct - 49 Pa. Code §§ 21.18 and 21.148.	October 1999, as proposed.                     Summer 1999, as proposed.             Summer 1999, as proposed.             Fall 1999, as final.           September 1999, as proposed.                     Fall 1999, as final.	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 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.   The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. These regulations are authorized under Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 7.5 of the Practical Nurse Law, 63 P. S. § 667.5.   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 Sections 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).	Ann Steffanic (717) 783-7142
State Board of Optometry - Sexual Misconduct - 49 Pa. Code, Chapter 23.                 Application Fees - 49 Pa. Code § 23.91.	No publication anticipated in next six months.                 Fall 1999, as final.	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).1   The amendments apportion costs of providing services to specific applicants and licensees instead of imposing those costs on the general licensee population through biennial renewal fees. Sections 3(b)(14), 5(b) and 9 of the Optometric Practice and Licensure Act, 63 P. S. §§ 244.3(b)(14), 244.5(b) and 244.9, require the Board to set fees by regulation to match Board revenues with expenditures.	Deb Smith (717) 783-7155
State Board of Osteopathic Medicine - Sexual Misconduct - 49 Pa. Code, Chapter 25.               Application Fees - 49 Pa. Code §§ 25.231 and 25.503.	Fall 1999, as proposed.                 Fall 1999, as final.	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.   These regulations will update fees for non-renewal services. These regulations are authorized under Sections 13.1(a) of the Act, 63 P. S. § 271.13(a)(a).	Gina Bittner (717) 783-4858
State Board of Pharmacy - Application Fees - 49 Pa. Code § 27.91.	Fall 1999, as final.	These regulations will update fees for non-renewal services. Statutory Authority: 63 P. S. § 390-8.2.	Rita T. Solie (717) 783-7156
State Board of Podiatry - Sexual Misconduct - 49 Pa. Code, Chapter 29.                 Application Fees - 49 Pa. Code, Chapter 29.	September 1999, as proposed.                   Fall 1999, 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).   This regulation apportions costs of providing Board services to specific applicants and licensees Statutory authority: 63 P. S. § 42.15.	Gina Bittner (717) 783-4858
State Board of Veterinary Medicine - Advertising Emergency Services - 49 Pa. Code § 31.21.           Verification/Certification Fees - 49 Pa. Code § 31.41.	January 2000, as final.               Fall 1999, as final.	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).   This regulation apportions costs of providing Board services to specific applicants and licensees. Section 13 of the Veterinary Practice Act, 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.         Lasers - 49 Pa. Code, Chapter 33.         Verification/Certification Fees - 49 Pa. Code § 33.3.	June 2000,as proposed.         June 2000, as proposed.                       Fall 1999, as final.           July 1999, as final.           June 2000, as proposed.         Fall 1999, as final.	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, 63 P. S. § 122(o).   The regulation will amend outdated provisions, clarify dental specialties and add a provision 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 establish certification standards for expanded function dental assistants including minimum standards of conduct and practice, under 1994 amendments to the Dental Law. 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).   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).   This regulation apportions costs of providing Board services to specific applicants and licensees. Statutory authority: Section 4 of the Dental Law, 63 P. S. § 123.	Rita T. Solie (717) 783-7162
State Real Estate Commission - General Revisions - 49 Pa. Code, Chapter 35.     Educational Standards - 49 Pa. Code, Chapter 35.         Continuing Education Deadline- 49 Pa. Code, Chapter 35.   Agency Disclosures - 49 Pa. Code, Chapter 35.         Application Fees - 49 Pa. Code § 35.203.	Winter 2000, as final.       Spring 2000, as proposed.         Fall 1999, as proposed.     Summer 1999, as proposed; November 1999, as final.     Fall 1999, as proposed.	The Commission plans a comprehensive amendment to Chapter 35 to bring existing regulations up to date with current policies. Statutory authority: 63 P. S. § 455.404.   The Commission plans to update 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.   The Commission plans to amend current rules pertaining to continuing education deadlines. Statutory authority: 63 P. S. § 455.404.   This regulation will implement disclosure requirements of Act 112 of 1998 pertaining to agency relationships in compliance with the statutory deadline. Statutory authority: 63 P. S. § 455.404.   This regulation apportions costs of providing Board services to specific applicants and licensees. The Board is authorized to determine all fees necessary for administration of the act under Section 407(a) of the Real Estate Licensing and Registration Act, 63 P. S. § 455.407(a).	Debra Sopko (717) 783-3658
State Board of Certified Real Estate Appraisers - Experience Options for Certification, Duties of Supervising Appraiser - 49 Pa. Code §§ 36.13 and 36.14.             Standards of Practice - 49 Pa. Code § 36.51.                     Pre-Certification Education and Experience - 49 Pa. Code §§ 36.11 and 36.12.         Fees - 49 Pa. Code § 36.6.	Summer 1999, as proposed.                         Summer 1999, as proposed.                     Summer 1999, as proposed.             Summer 1999, as proposed.	The regulations 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 to conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulations are consistent with standards established for state appraiser boards by the federal Appraiser qualification Board (AQB). Statutory authority: 63 P. S. § 457.5(2).   The regulations require all certified general appraisers, residential appraisers and broker/appraisers to comply with the USPAP unless the Board has adopted supplemental practice standards. The regulations also would require all appraisers, when performing an appraisal, to conduct a complete interior and exterior inspection of the subject property unless an interior inspection is not feasible or physically possible. Statutory authority: 63 P. S. § 457.5(2).   The regulations raise the experience and education requirements for certification as a residential appraiser and general appraiser to mirror AQB standards that became effective in Pennsylvania, by operation of law, on January 1, 1998. Statutory authority: 63 P. S. § 457.5(2).   The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 457.9.	Cheryl Lyne (717) 783-3397
State Registration Board for Professional Engineers, Land Surveyors and Geologists - Certification/Verification Fees - 49 Pa. Code § 37.17.	Fall 1999, as final.	The regulation apportions costs of providing Board services to specific applicants and licensees. Statutory authority: Section 9 of the Engineer, Land Surveyor and Geologist Registration Act, as amended, 63 P. S. § 156.	Shirley Klinger (717) 783-3397
State Board of Examiners of Nursing Home Administrators - Temporary Permits - 49 Pa. Code § 39.17.   Continuing Education - 49 Pa. Code §§ 39.31-39.71.       Application/Certification/ Verification Fees - 49 Pa. Code § 39.72.	Fall 1999, as proposed.       Fall 1999, as final.       Fall 1999, as final.	The regulation will update and clarify Board requirements for temporary permits. Statutory authority: Section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114.   The regulation will amend and clarify the continuing education requirement in Section 9 of the Nursing Home Administrators License Act, 63 P. S. § 1109.   This regulation apportions costs of providing Board services to specific applicants and licensees. Statutory authority: Section 7.1 of the Law, 63 P. S. § 1108.	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.   Application/Verification/ Certification Fees - 49 Pa. Code § 40.5.	Fall 1999, as proposed.           Fall 1999, as proposed.                 Fall 1999, as final.	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.   This regulation apportions costs of providing Board services to specific applicants and licensees. Statutory authority: 63 P. S. § 1308.	Robert Kline (717) 783-7134
State Board of Psychology - Post-Doctoral Experience - 49 Pa. Code § 41.31(c)(1(ii)(E).           Definitions/ ''Sexual Intimacies'' - 49 Pa. Code § 41.61.                     Application/Certification/ Verification Fees - 49 Pa. Code § 41.12.	Winter 1999, as proposed.             Fall 1999, as final.                     Fall 1999, 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).   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 from participation in the impaired professional program. Statutory authority: 63 P. S. § 1203.2(2).   This regulation apportions costs of providing Board services to specific applicants and licensees. The Board is authorized to determine all fees necessary for administration of the act under 63 P. S. § 1203.2(2).	Melissa Wilson (717) 783-7155
State Board of Occupational Therapy Education and Licensure - Oral Orders - 49 Pa. Code § 42.25.                     General Revisions - 49 Pa. Code, Chapter 42.               Verification/Certification Fees - 49 Pa. Code § 42.17(a)(4).	Summer 1999, as proposed.                         Fall 1999, as proposed.               Fall 1999, as final.	The Board proposes to specify circumstances under which occupational therapists may accept oral orders for services, and procedures to be followed, to clarify for Department of Health-licensed health care facilities that occupational therapists, under Department rules, are ''...authorized by appropriate statutes and the State Board in the Bureau of Professional and Occupational Affairs'' to receive such orders. Statutory authority: Sections 5(b) and 14 of the Occupational Therapy Practice Act, 63 P. S. §§ 1505(b) and 1514.   The Board proposes to revise its chapter by updating certain provisions and deleting outdated or redundant language. The Board has authority to adopt the regulations necessary to perform its duties and for the proper administration of the law under Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).   This regulation apportions costs of providing Board services to specific applicants and licensees. The Board is authorized to determine all fees necessary for administration of the act under Section 17(a) of the Occupational Therapy Practice Act, 63 P. S. § 1517(a).	Clara Flinchum (717) 783-1389
State Board of Examiners in Speech-Language and Hearing - Assistants - 49 Pa. Code, Chapter 45.     Oral Orders - 49 Pa. Code § 45.10.	January 2000, as proposed.         January 2000, as proposed.	The proposal will bring current regulations into compliance with current national standards, by modifying requirements for supervision of assistants. Statutory authority: 63 P. S. § 1705(2).   The proposal will authorize acceptance of oral orders by licensed professionals in long term care facilities. Statutory authority: 63 P. S. § 1705(2).	Clara Flinchum (717) 783-1389

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