[29 Pa.B. 726]

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State Board of Medicine - Sexual Misconduct - 49 Pa. Code, Chapter 16.                 Certified Registered Nurse Practitioners (CRNPs) - 49 Pa. Code § 18.21.           Requirements for approval of educational programs for Certified Registered Nurse Practitioners (CRNP) - 49 Pa. Code § 18.41.             General Delegation - 49 Pa. Code, Ch. 16.	August 1999, as proposed.                   September 1999, as proposed.             No publication anticipated in next six months.                 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 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 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).   This regulation would establish standards for the delegation of medical services to qualified personnel. Statutory authority: 17(b) of the Medical Practice Act, 63 P. S.§ 422.17(b).	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.	June 1999, as proposed.                 March 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	The Board will revise its regulations to repeal outdated provisions and take into account industry-wide changes in business practices.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, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: 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.               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.                     April 1999, as final.                       April 1999, as proposed.               October 1999, 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 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.                 Verification/Certification Fees - 49 Pa. Code §§ 21.5 and 21.147.	September 1999, as proposed.                       April 1999, as final.                 March 1999, 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).   This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: 63 P. S. §§ 221.2 and 667.5.	Ann Steffanic (717) 783-7142
State Board of Optometry - Sexual Misconduct - 49 Pa. Code, Chapter 23.                   General Revisions - 49 Pa. Code, Chapter 23.	June 1999, 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, 63 P. S. § 244.3(a)(14).	Deb Smith (717) 783-7155
State Board of Osteopathic Medicine - Sexual Misconduct - 49 Pa. Code, Chapter 25.               Verification/Certification Fees - 49 Pa. Code § 25.231.	June 1999, as proposed.                 March 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 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.   This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: 63 P. S. § 271.13a(a).	Gina Bittner (717) 783-4858
State Board of Pharmacy - Fees - 49 Pa. Code § 27.91.               Internship Requirements - 49 Pa. Code § 27.26.	March 1999, as proposed.               No publication anticipated in next six months.	The amendments revise fees for applications for initial pharmacist licenses, new pharmacy permits, intern registrations, changes in pharmacy permits, reinspections, verifications of licenses and certifications of exam scores and internship hours, which have not been revised since 1988. Statutory Authority: 63 P. S. § 390-8.2.   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).	Rita T. Solie (717) 783-7156
State Board of Podiatry - Sexual Misconduct - 49 Pa. Code, Chapter 29.	September 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).	Gina Bittner (717) 783-4858
State Board of Veterinary Medicine - Advertising Emergency Services - 49 Pa. Code § 31.21.           Application Fees - 49 Pa. Code § 31.41.           Verification/Certification Fees - 49 Pa. Code § 31.41.	June 1999, as final.               March 1999, as final.           March 1999, 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).   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.   This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: 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.	No publication anticipated in next six months.       No publication anticipated in next six months.                     No publication anticipated in next six months.           May 1999, as final.           No publication anticipated in next six months.       March 1999, 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, 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, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: Section 4 of the Dental Law, 63 P. S. § 123.	June Barner (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.	February 1999, as proposed.       Summer 1999, as proposed.         Spring 1999, as proposed.     Summer 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. 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.                     Standards of Practice - 49 Pa. Code § 36.51.                     Broker/Appraiser Fees - 49 Pa. Code § 36.6.	April 1999, as proposed.                         April 1999, as proposed.                     April 1999, as final.	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 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 certified general appraisers, residential appraisers and broker/appraisers to comply with the USPAP unless the Board has adopted supplemental practice standards. The regulation also would require all certificate holders to conduct a complete interior and exterior inspection of a property when performing an appraisal, unless an interior inspection is not feasible or physically possible. Statutory authority: 63 P. S. § 457.5 (2).   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).	Cheryl Lyne (717) 783-3397
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.	April 1999, as final.                 June 1999, as final.	The regulations would raise biennial continuing education requirements for certified general and residential appraisers and certified Pennsylvania evaluators; 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 regulations 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 took effect January 1, 1998, pursuant to federal rules. Statutory authority: 63 P. S. § 457.5(2).	Cheryl Lyne (717) 783-3397
State Registration Board for Professional Engineers, Land Surveyors and Geologists -Appeal Period -49 Pa. Code § 37.102.	April 1999, as final.	The amendment will bring Board regulation governing appeal period into compliance with applicable Pennsylvania Rules of Appellate Procedure. Statutory authority: 63 P. S. § 151(1).	Shirley Klinger (717) 783-3397
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.       Application/Certification/ Verification Fees - 49 Pa. Code § 39.72.	No publication anticipated in next six months.         No publication anticipated in next six months.     No publication anticipated in next six months.           March 1999, as proposed       Spring 1999, as proposed.	The regulation will clarify education and experience requirements for licensure and remove outdated and confusing provisions. Statutory authority: Section 4(c) of the Nursing Home Administrators License Act, 63 P. S. § 1104(c).   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.   These regulations will update and repeal outdated provisions of current regulations, including definitions, subject matter for examinations, approved programs of study, and licensure renewal. Statutory authority: 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.   This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: Section 7.1 of the Law, 63 P. S. § 1108.	Melissa Wilson (717) 783-7155
State Board of Examiners in Speech-Language and Hearing - Assistants - 49 Pa. Code, Chapter 45	No publication anticipated in next six months.	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).	Clara Flinchum (717) 783-2454
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.	March 1999, as proposed.         March 1999, as proposed.                 February 1999, 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.   This regulation apportions costs of providing Board services to specific applicants and licensees, instead of imposing those costs on the general licensee population through biennial renewal fees. Statutory authority: 63 P. S. § 1308.	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.                 Definitions/ ''Sexual Intimacies'' - 49 Pa. Code § 41.61.                     Application/Certification/ Verification Fees - 49 Pa. Code § 41.12.             Examination Fees - 49 Pa. Code § 41.12.	No publication anticipated in next six months.             No publication anticipated in next six months.               Spring, 1999, as final.                     Spring 1999, as proposed.               Spring 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).   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 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, instead of imposing those costs on the general licensee population through biennial renewal fees. The Board is authorized to determine all fees necessary for administration of the act under 63 P. S. § 1203.2(2).   This regulation establishes the fees set by contract for the licensure examination. 63 P. S. § 1203.2(2).	Melissa Wilson (717) 783-7155

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