[30 Pa.B. 690]
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Proposed Date for Regulation Being Considered Promulgation Need and Legal Basis for Action Agency Contact 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.Summer 2000, as proposed.
Spring 2000, as proposed.
Summer 2000, as proposed.
Spring 2000, as final.
Fall 2000, as final.
Spring 2000, 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These regulations will update or repeal outdated provisions pertaining to registered nurses and consolidate all regulatory provisions pertaining to registered nurse education programs.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These regulations will update or repeal outdated provisions pertaining to licensed practical nurses and consolidate all regulatory provisions pertaining to practical nurse education programs.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.
The Board will collaborate with the State Board of Medicine for joint promulgation of standards and criteria by which CRNPs could write prescriptions for medical therapeutic measures. 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.
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-- Application Fees--49 Pa. Code § 23.91. Spring 2000, as final. The amendments apportion costs of providing the verification and certification of Pennsylvania licensure to the licensees requesting these services, rather than imposing these costs on the general licensee population through biennial license 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.No publication anticipated in next six months.
Winter 2000, 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. Spring 2000, 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. Summer 2000, 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.
Verification/Certification Fees-- 49 Pa. Code § 31.41.
Biennial Renewal Fees--49 Pa. Code § 31.41
Examination Requirements--49 Pa. Code § 31.3.31.11(c), 31.12(b) and 31.41
Examination Requirements--49 Pa. Code § 31.3, 31.11(b)(2) and 31.41
Summer 2000, as final.
Spring 2000, as final.
Spring 2000, as proposed.
Summer 2000, as proposed.
Spring 2000, as final-omitted.
The regulation requires all veterinarians who advertise emergency services to include in these advertisements the hours when the services are available, whether a veterinarian is on the premises or on call and whether the veterinarians practice is limited to particular types of animals. The Board has authority to regulate the professional conduct of its licensees under 5(2) of the Veterinary Medicine Practice Act, 63 P. S. § 485.5(2).
This regulation apportions costs of providing the verification or certification of Pennsylvania licensure to applicants and licensees requesting these services, rather than imposing the costs on the licensed population as a whole through the biennial renewal fee. Section 13 of the Veterinary Medicine Practice Act, 63 P. S. § 485.13 requires the Board to fix fees by regulation to match Board revenues with expenditures.
The regulation will adjust the biennial renewal fees for veterinarians and animal health technicians to reflect actual Board costs in providing these services. Section 13 of the Veterinary Medicine Practice Act, 63 P. S. § 485.13 requires the Board of fix fees by regulation to match Board revenues with expenditures.
The regulation will delete the requirement that applicants for Pennsylvania licensure take a separate Pennsylvania Veterinary Legal Practice Examination. Section 9(3) of the Veterinary Medicine Practice Act, 63 P. S. § 485.9(3) authorizes the Board to determine the examinations required to obtain licensure in the Commonwealth.
The regulation will replace the requirement that applicants for licensure submit passing scores on the National Board Examination (NBE) and the Clinical Competency Test (CCT) with the requirement that applicants submit a passing score on the North American Veterinary Licensing Examination (NAVLE). The NAVLE will replace the NBE and CCT as the uniform national examination for licensure as a veterinarian in the United States and Canada, after the final administration of the NBE and CCT in April 2000. Section 9(3) of the Veterinary Medicine Practice Act, 63 P. S. § 485.9(3) authorizes the Board to determine the examination required to obtain licensure in the Commonwealth.Robert Kline (717) 783-1389 State Board of Dentistry-- Expanded Function Dental Assistants--49 Pa.Code, Chapter 33.
Continuing Professional Education--49 Pa. Code, Chapter 33.
Verification/Certification Fees-- 49 Pa. Code § 33.3.
Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia--49 Pa. Code §§ 33.331--33.344.February 2000, as final.
February 2000, as final.
February 2000, as final.
June 2000, as proposed.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).
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.
This regulation amends requirements for administration of anesthesia/analgesic in response to a recent Commonwealth Court case. Section 3(o) of the Dental Law, 63 P. S. § 122(o).Rita T. Solie (717) 783-7162 State Real Estate Commission--General Revisions--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.
Spring 2000, as final.
Spring 2000, as proposed.
Spring 2000, as proposed.
Spring 2000, as final.
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 amend current rules pertaining to continuing education deadlines. Statutory authority: 63 P. S. § 455.404.
This regulation will implement the requirements of Act 112 of 1998 pertaining to agency relationships. 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.May 2000, as proposed.
May 2000, as proposed.
June 2000, as final.
April 2000, 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. April 2000, 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--Continuing Education--49 Pa. Code §§ 39.31--39.71.
Application/Certification/ Verification Fees--49 Pa. Code § 39.72.
Spring 2000, as final.
Spring 2000, as final.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.April 2000, as proposed.
April 2000, as proposed.
April 2000, 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.Spring 2000, as proposed.
Spring 2000, as final.
Winter 2000, 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. § 203.2(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).May 2000, as final.
March 2000, as proposed.
Spring 2000, 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 State Board of Social Workers, Marriage and Family Therapists and Professional Counselors-- Verification/Certification Fees-- 49 Pa. Code § 47.4. Spring 2000, as final. This regulation apportions costs of providing Board services to specific applicants and licensees. Statutory authority: Section 18 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1918. Clara Flinchum (717) 783-1389 STATE EMPLOYEES' RETIREMENT SYSTEM No regulations being developed or considered at this date. STATE POLICE Firearm Regulations Standards for licensed retail dealers Chapter 31
Procedures & Specifications for firearm record forms
Chapter 33February 2000, as final.
February 2000, as final.The provisions of this chapter set forth regulations for the storage of firearms, rifles, and shotguns by licensed retail dealers in the event a clear and present danger to public safety is found to exist by the Commissioner of the State Police during the hours when licensed retail dealers are closed for business. The provisions of this chapter apply to all licensed retail dealers and their designated employees.
The regulations provide for the administration of the provisions of the Uniform Firearms Act for the implementation of the Pennsylvania Instant Check System (PICS) in order to approve or deny the sale or transfer of firearms and licenses to carry a firearm in accordance with the provisions of the UFA. The regulations also ensure the identity, confidentiality, and security of all information collected and disseminated by the PICS in accordance with the UFA.Ronald E. Plesco 717-772-0905 Regulatory amendments to clarify various aspects of the Municipal Policy Officers' Education and Training Commission regulations, Chapter 203 February 2000, as final. The provisions of this chapter set forth regulations for the administration of the training program for municipal police by the Municipal Police Officers' Education and Training Commission. The proposed amendments correct various aspects of the existing regulations and suspend the vision standard until disposition of pending litigation. Ronald E. Plesco 717-772-0905 STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date. TRANSPORTATION Manufacturer, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates Chapter 53 August 2000, as proposed. Amendments are needed based on revisions to related sections of the Vehicle Code and Industry/Department concerns. Proposed package undergoing further review with the Department's legal counsel. Sue Wilson (717) 787-4291 60--Permanent Registration of Fleet Vehicles September 2000, as proposed. Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997). John Munafo (717) 787-3977 School Buses and School Vehicles
Chapter 171April 2001, 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 reviewed by Legal Counsel and revisions are being incorporated. Mike Kistler (717) 783-4534 Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers
Chapter 83December 2000, as proposed. As a result of a Pa Supreme Court decision (Clayton v. 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. Mike Kistler (717) 783-4534 Liquid Fuels Tax
Chapter 449April 2000, as proposed. Regulatory review committee has been formed. Drafts of that result have been discussed with legal counsel. Dick Zerbe (717) 787-2183 School Bus Drivers
Chapter 71April 2001, as proposed. Creates waivers for school bus drivers, with medical conditions, who pose no significant danger to driving. The Department's Medical Advisory Board will be approving amendments to incorporate recommendations being developed by the Insulin Dependant Diabetes Task Force. Mike Kistler (717) 783-4534 Proportional Registration of Fleet Vehicles--Chapter 63 September 2000, as proposed. Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997). John Munafo (717) 787-3977 Vehicle Equipment and Inspection
Chapter 175June 2000, as final. Proposed amendments required to comply with Act 151 of 1999. Tom Zamboni (717) 783-9513 Vehicle Equipment and Inspection
Chapter 175December 2000, as proposed. Proposed amendments require compliance with Act 115 of July 6, 1995. No. 30, P. L. 246 requiring the establishment of equipment and inspection criterion for farm vehicles with a gross weight rating greater than 17,000 pounds. Tom Zamboni (717) 783-9513 Flashing or Revolving Lights on Emergency and Authorized Vehicles
Chapter 173June 2000, as final. Proposed amendments required to comply with Act 151 of 1999. Tom Zamboni (717) 783-9513 Authorization to Verify VIN Identification Numbers-- Chapter 17 August 2000, as proposed. Proposed amendments would authorize department employes to verify VIN Numbers for vehicles requiring a Certificate of Title. Tom Zamboni (717) 783-9513 Temporary Registration Cards and Plates--Chapter 43 February 2000, as proposed. Proposed amendments would address changes needed in the Temporary Plate Issuance Program so as to reduce fraud and improve the accuracy of registration data. Randy Swartz (717) 787-2780 Emission Inspection--Chapter 177 June 2000, as proposed. Amendments needed to address ongoing operational aspects of the emissions program. Peter Gertz (717) 783-7016 Airport Rating and Licensing Chapter 471 August 1999, as proposed. Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. Kathy Reitz (717) 705-1234 Aviation Development-- Chapter 473 August 1999, as proposed. Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. Kathy Reitz (717) 705-1234 Local Real Estate Tax Reimbursement--Chapter 477 August 1999, as proposed. Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. Kathy Reitz (717) 705-1234 Hold-Down and Tie-Down Devices for Junked Vehicles and Vehicle Hulks--Chapter 181 June 2000, as proposed. Repeal--incorporate provisions in Chapter 231 Daniel Smyser (717) 787-7445 Engineering and Traffic Studies Chapter 201 April 2000, as proposed. Repeal this chapter when the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) is adopted. Some current provisions not included in the MUTCD will be incorporated into Chapter 212. Art Breneman (717) 787-3620 Work Zone Traffic Control Devices Chapter 203 April 2000, as proposed. Repeal this chapter when the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD is adopted. Some current provisions not included in the MUTCD will be incorporated into Chapter 212. Art Breneman (717) 787-3620 Official Traffic Control Devices Chapter 211 April 2000, as proposed. Repeal the current chapter when the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) is adopted. Some of the current provisions not included in the MUTCD will be incorporated into Chapter 212. Art Breneman (717) 787-3620 Official Traffic Control Devices Chapter 212 April 2000, as proposed. This chapter is being proposed to replace Chapters 201, 203 and 211, and adopt the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). By adopting the MUTCD, the volume of the new regulation will be only about 5 percent of the combination of the three current regulations. Art Breneman (717) 787-3620 Intrastate Motor Carrier Safety Requirements--Chapter 231 June 2000, as proposed. Incorporate new Federal provisions, and provisions from Chapter 181. Daniel Smyser (717) 787-7445 Hazardous Materials Transportation
Chapter 403June 2000, as proposed. Incorporate new Federal provisions and eliminate registration requirement. Daniel Smyser (717) 787-7445 Distribution of Highway Maintenance Funds--Chapter 453 April 2000, as final. A proposed rulemaking was published on 10/2/99 at 29 Pa.B. 5098. This proposed deletion is possible because Section 9104 of the Vehicle Code no longer requires a regulation, only that changes to the standards and methodology for distributing maintenance funds be published as a notice in the Pennsylvania Bulletin. J. Michael Long (717) 787-1153 Consultant Highway Design Errors
Chapter 455June 2000, as proposed. Since there is no legal need for this chapter, the Department proposes to delete Chapter 455 and propose a Department policy to address consultant design errors. Donald Childs (717) 783-9309 Prequalification of Bidders Chapter 457 June 2000, as proposed. These changes are being brought about as a result of a reengineering project. Fred Starcinic (717) 787-3733
[Pa.B. Doc. No. 00-224. Filed for public inspection February 4, 2000, 9:00 a.m.]
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