[32 Pa.B. 3276]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Cosmetology-- Deletion of Examination Fees-- 49 Pa. Code § 7.2. (16A-4510)     --Sanitation/ Disinfection-- 49 Pa. Code §§ 7.90--7.101 (16A-454)     --General Revisions-- 49 Pa. Code §§ 7.1--7.142. (16A-459) (Includes previous 16A-457)       --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Fall 2002, as Final.           Fall 2002, as Proposed.             Winter 2002, as Proposed.               Summer 2002, as Statement of Policy.	The regulation would amend the Board's fee schedule by deleting references to examination fees, which are determined by contract. Statutory Authority: Sections 11 and 16 of the Law, 63 P. S. §§ 517, 522.     The proposed regulation would update the Board's sanitation and disinfection requirements for manicuring, cosmetician and cosmetology shops and schools. Statutory Authority: 63 P. S. §§ 517 and 520.   The Board plans a comprehensive amendment to Chapter 7 to bring existing regulations up-to-date and to clarify requirements for sanitation and the provisions of advanced aesthetic services. Statutory Authority: Section 11 of the Law, 63 P. S. § 517.   The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Beauty Culture Law and the Board's regulations. Statutory Authority: Section 5(a) of the Act, 63 P. S. § 2205(a).	Sara Sulpizio (717) 783-7130
State Board of Dentistry-- Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia-- 49 Pa. Code §§ 33.331--33.344. (16A-4610)         --Sexual Misconduct-- 49 Pa. Code, Chapter 33. (16A-4613)             --Update of Application Fee for Dental Radiology-- 49 Pa. Code, Chapter 33. (16A-4611)         --Expanded Function Dental Assistants-- 49 Pa. Code § 33.103. (16A-4612)	Fall 2002, as Final.                   Summer 2002, as Proposed.                Fall 2002, as Final.           Summer 2002, as Proposed.	This regulation would amend requirements for administration of anesthesia/analgesic in response to a Commonwealth Court case and legislative concerns. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).         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 of a sexual nature which the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory Authority: Section 3(o) of the Law, 63 P. S. § 122(o).   This regulation would amend the Board's fee schedule to reflect the actual cost incurred by the Board to authorize applicants to perform radiologic services. Statutory Authority: Section 3(o) of the Law, 63 P. S. § 122(o).   This regulation would eliminate the clinical examination component with respect to expanded function dental assistants. Statutory Authority: Section 3(o) of the Law, 63 P. S. § 122(o).	Lisa Burns (717) 783-7162
State Board of Funeral Directors-- Unprofessional Conduct-- 49 Pa. Code § 13.201, 202. (16A-483)         --Advertising-- 49 Pa. Code §§ 13.191 to 13.196 (16A-484)       --Application-- 49 Pa. Code, Chap. 13 (16A-485) --Facility-- 49 Pa. Code, Ch. 13 (16A-486)   --Qualifications-- 49 Pa. Code, Ch. 13 (16A-487)	Summer 2002, as Proposed.               Fall 2002, as Proposed.           Summer 2002, as Proposed.     Fall 2002, as Proposed.       Fall 2002, as Proposed.	The amendment would add to the Board's standards of practice and conduct. Statutory Authority: Section 16(a) of the Law, 63 P. S. § 479.16(a).         The amendments would update the Board's regulations related to advertising. Statutory authority: Section 16(a) of the Law, 63 P. S. § 479.16(a).   This regulation revises the procedures for applying for licensure as a funeral establishment. Statutory authority: 63 P. S. § 479.16(a).   The amendments would update facility requirements for funeral establishments. Statutory authority: 63 P. S. § 479.16(a).   The amendments would update qualifications for licensure under the Act. Statutory authority: 63 P. S. § 479.16(a).	Michelle Demerice (717) 783-3397
--Supervisor-- 49 Pa. Code, Chap. 13 (16A-488)   --Continuing Education-- 49 Pa. Code, Ch. 13 (16A-489)         --Limited License-- 49 Pa. Code §§ 13.1, 13.12, and 13.77 (16A-4810)         --Renewal fees-- 49 Pa. Code § 13.12 (16A-4811)	Summer 2002, as Proposed.         Summer 2002, as Proposed.             Summer 2002, as Proposed.             Summer 2002, as Proposed	This regulation amends the procedures for licensure as a supervisor and clarifies the responsibilities of a funeral supervisor. Statutory authority: 63 P. S. § 479.16(a).   This regulation is being promulgated to comply with the requirement of Act 48 of 2000 that the Board promulgate regulations to implement continuing education, as now required by Section 10(b) of the Law. Statutory Authority: 63 P. S. § 479.10(b).   This regulation is being promulgated to implement Act 48 of 200 that authorized the Board to enter into agreements with other states to issue limited licenses to funeral directors from other states. Statutory Authority: 63 P. S. § 479.9(c).   This regulation would update the Board's biennial renewal fee. Statutory Authority: 63 P. S. § 479.10(a).
State Board of Landscape Architects-- Deletion of Reference to Examination Fees-- 49 Pa. Code § 15.12. (16A-616)     --General Revisions-- 49 Pa. Code, Chapter 15. (Number not yet assigned)	Fall 2002, as Proposed.             Fall 2002, as Proposed.	The regulation would delete references to examination fees. Statutory Authority: Section 4(2) of the Law, 63 P. S. § 904(2).         The regulation would entail general revisions of the Board's current regulations. Statutory Authority: 63 P. S. § 904(9).	Shirley Klinger (717) 772-8528
State Board of Medicine-- General Delegation-- 49 Pa. Code, Chap. 16 (16A-4912)   --Sexual Misconduct-- 49 Pa. Code, Chap. 16 (16A-497)               --Continuing Medical Education-- 49 Pa. Code, Chap. 16 (16A-4914)	Fall 2002, as Final.           Summer 2002, as Final.                   Fall/Winter 2002, as Proposed.	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).   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 of a sexual nature which the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory Authority: Section 8 of the Act, 63 P. S. § 422.8.   This regulation would implement the act of March 20, 2002 (P. L. __, No. 13) (Act 13). Act 13 requires the Board to promulgate regulations establishing CME requirements for physicians, including training in patient safety and risk management. Statutory Authority: Section 910 of Act 13.	Joanne Troutman (717) 783-1400
--License Renewal Fees-- 49 Pa. Code § 16.13 (16A-4913)       --Athletic Trainers-- 49 Pa. Code, Chap. 16 (16A-4915)	Summer 2002, as Final, Proposed-Omitted Regulation.       Fall 2002, as Proposed.	Act 13 of 2002 will significantly increase the Board's operating expenses, requiring the Board to raise the renewal fee from $125 to $360 to cover its increased costs. Statutory Authority: 63 P. S. § 422.6.   This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92, 63 P. S. §
Navigation Commission for the Delaware River and Its Navigable Tributaries-- General Revisions-- 13 Pa. Code, Chapters 201-209. (16A-662)	Summer 2002, as Final	Comprehensive revisions would enhance navigational safety, eliminate obsolete regulations and reflect statutory changes. Statutory Authority: 55 P. S. § 31 and 71 P. S. § 670.2(4).	L. Lawrence Boyle (717) 787-6458
State Board of Nursing-- RN General Revisions-- 49 Pa. Code §§ 21.1--21.126. (16A-516)       --Conscious Sedation-- 49 Pa. Code § 21.14. (16A-5114)     --Oral Orders-- 49 Pa. Code §§ 21.14; 21.145. (16A-5115)     --CRNP Programs-- 49 Pa. Code §§ 21.260-278, 286-289. (16A-5119)       --Update of CRNP Prescriptive Authority Fees-- 49 Pa. Code § 21.253. (16A-5116)	Summer 2002, as Final.             Summer 2002, as Proposed.         Summer 2002, as Final.           Fall/Winter 2002, as Proposed.         Summer 2002, as Proposed.	This regulation would update or repeal outdated provisions pertaining to registered nurses and consolidate all regulatory provisions pertaining to registered nurse education programs. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).   This regulation would embody the statement of policy on conscious sedation at 49 Pa. Code § 21.413(d). Statutory Authority: Section 2.1(k) of the Law, 63 P. S. § 212.1(k).   This regulation would delete the prohibition on LPNs accepting oral orders in other than urgent circumstances. Statutory Authority: Section 2.1(k) of the Law, 63 P. S. § 212.1(k), and Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.   This regulation would establish requirements for CRNP education programs approved by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).   This regulation would revise the Board's schedule of fees to reflect the actual cost of the services provided. Statutory Authority: Section 11.2 of the Law, 63 P. S. § 221.2.	Ann Steffanic (717) 783-7142
--CRNP Prescriptive Authority Continuing Education-- 49 Pa. Code § 21.253. (16A-5117)       --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Summer 2002, as Proposed.             Summer 2002, as Statement of Policy.	This regulation pertains to continuing education requirements associated with the prescriptive authority of CRNPs. Statutory Authority: Section 2.1(k) of the Law, 63 P. S. § 212.1(k).     The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Professional Nursing Law. Statutory Authority: 63 P. S. §§ 225.4 and 664(4).
State Board of Examiners of Nursing Home Administrators-- Deletion and Correction of Fees-- 49 Pa. Code § 39.72. (16A-628)--	Summer 2002, as Proposed.	This regulation would delete licensing examination fees. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c).	Christina Stuckey (717) 783-7155
--Requirements for Admission to Examination-- 49 Pa. Code § 39.5. (16A-627)	Summer 2002, as Proposed.	This regulation would update and revise the requirements for admission to the licensing examination. Statutory Authority: Section 4(c) of the Act, 63 P. S. § 1104(c).
State Board of Occupational Therapy Education and Licensure-- Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Summer 2002, as Statement of Policy.	The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Occupational Therapy Practice Act and Board's regulations. Statutory Authority: Section 5(b) of the Act, 63 P. S. § 1505(b).	Lisa Burns (717) 783-1389
State Board of Optometry-- General Revisions-- 49 Pa. Code §§ 23.1, 23.33, 23.34, 23.42, 23.64, 23.71. (16A-528)	Winter 2002, as Proposed.	The Board proposes general revisions to its current regulations, including requirements that must be met for contact lens prescriptions provided at the discretion of the licensee. Statutory Authority: Sections 3(a)(2.1) and (b)(14) of the Optometric Practice and Licensure Act, 63 P. S. §§ 244.3(a)(2.1), (b)(14).	Deborah Smith (717) 783-7155
--Continuing Education-- 49 Pa. Code, §§ 23.82, 23.83, 23.87 (16A-529)	Fall 2002, as Proposed.	This regulation would amend the continuing education requirements of licensees. Statutory Authority: Section 3(b)(12) and Section 4.1(b) of the Act, 63 P. S. §§ 244.3(b)(12), 244.4a(b).
State Board of Osteopathic Medicine-- Sexual Misconduct-- 49 Pa. Code, Chapter 25. (16A-539)	Fall 2002, 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 of a sexual nature which the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory Authority: Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.	Gina Bittner (717) 783-4858
--Continuing Medical Education-- 49 Pa. Code, Chap. 16 (16A-5313)         --License Renewal Fees-- 49 Pa. Code § 16.13 (16A-5311)       --Athletic Trainers-- 49 Pa. Code, Chap. 16 (16A-5312)         --Delegation-- 49 Pa. Code, Chap. 16 (number not yet assigned)	Fall/Winter 2002, as Proposed.           Summer 2002, as Final, Proposed- Omitted.       Fall 2002, as Proposed.             Summer 2002, as Proposed.	This regulation would implement the act of March 20, 2002 (P. L. __, No. 13) (Act 13). Act 13 requires the Board to promulgate regulations requiring osteopathic physicians to complete CME in patient safety and risk management. Statutory Authority: Section 910 of Act 13.   Act 13 of 2002 will significantly increase the Board's operating expenses, requiring the Board to raise the renewal fee from $140 to $440 to cover its increased costs. Statutory Authority: 63 P. S. § 271.13a.   This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92, 63 P. S. §    This regulation would establish standards for the delegation of osteopathic medical services to qualified personnel. Statutory Authority: 63 P. S. § 271.16.
State Board of Pharmacy-- Technology Regulations-- 49 Pa. Code, Chapter 27. (16A-5410)	Fall 2002, as Proposed.	The proposal would address issues raised by new technology now available in the field of pharmacy to allow the use of such technology while ensuring consumer safety. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Act, 63 P. S. §§ 390-4(j), 390-6(k)(1), (9).	Melanie Zimmerman (717) 783-7156
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. (16A-659)     --Sexual Misconduct-- 49 Pa. Code, Chapter 40. (16A-656)               --Authorization to Practice Physical Therapy Without a Referral-- 49 Pa. Code Chap. 40 (number not yet assigned)	Summer 2002, as Proposed.               Summer 2002, as Final.                 Fall/Winter 2002, as Proposed.	The regulation would correct and revise existing regulations regarding physical therapists. Statutory Authority: 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 of a sexual nature which the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory Authority: Sections 3, 5 and 10.2 of the Act, 63 P. S. §§ 1303, 1305 and 1310.2.   This regulation would implement the act of Feb. 21, 2002 (P. L.___, No. 6) (Act 6), which enables licensees to seek a certificate of authorization to practice physical therapy without a referral from a physician. Statutory Authority: Section 2 of Act 6 of 2002; 63 P. S. § 1303.	J. Robert Kline (717) 783-7134
State Board of Podiatry-- Update of Biennial Renewal Fees-- 49 Pa. Code, Chapter 29. (16A-445)                     --Continuing Education-- 49 Pa. Code, Chapter 29. (16A-446)	Summer 2002, as Final.                           Summer 2002, as Proposed.	This regulation would increase the biennial license renewal from $175 to $395. Section 14(a) of the Act requires the Board to increase fees by regulation if the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures over a two-year period. Section 14(b) of the Act requires the Board to increase fees by regulation in the amount that adequate revenues are raised to meet the required enforcement efforts, when the fees established by the Board are inadequate to meet the minimum enforcement efforts required by the Act. Statutory Authority: Sections 14(a) and (b) of the Act, 63 P. S. §§ 42.14(a), (b).   This regulation would amend the current continuing education provision at 49 Pa. Code § 29.61 to include pre-approved course providers. Statutory Authority: Section 9 and 9.1 of the Act, 63 P. S. §§ 42.9 and 42.9a.	Gina Bittner (717) 783-4858
State Board of Psychology-- Computerized Examination-- 49 Pa. Code §§ 41.41, 41.42. (16A-6310)     --Ethics Principles-- 49 Pa. Code § 41.61. (Number not yet assigned.)   --Doctoral Degrees in Psychology-- 49 Pa. Code § 41.31 (16A-6313)	Summer 2002, as Final.             Fall 2002, as Proposed.     Fall 2002, as Proposed.	This regulation would update current regulations at Sections 41.41 and 41.42 to reflect changes associated with the computerization of the national and state examinations. Statutory Authority: Section 3.2 of the Act, 63 P. S. § 1203.2(2).     This regulation would amend Principles 2(b) and 7(i) of the Board's Code of Ethics. Statutory Authority: 63 P. S. 1203.2(2).   This proposed regulation would address the accreditation requirements for doctoral degrees in fields related to psychology. Statutory Authority: 63 P. S. §§ 1203.2(1) and 1206(a)(2)(ii).	Christina Stuckey (717) 783-7155
State Board of Certified Real Estate Appraisers-- Experience Options for Certification, Duties of Supervising Appraiser-- 49 Pa. Code §§ 36.13 and 36.14. (16A-706)	Summer 2002, as Proposed.	The regulation would revise qualifying experience for certification as an appraiser; impose supervisory and record-keeping duties on appraisers who supervise appraisal assistants; and require appraisal reports submitted as qualifying experience 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: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).	Michelle Demerice (717) 783-4866
--Standards of Practice-- 49 Pa. Code § 36.51. (16A-7012)         --Update of Application and Related Fees-- 49 Pa. Code § 36.6. (16A-7011)   --Continuing Education-- 49 Pa. Code § 36.41. (Number not yet assigned)           --Biennial Renewal Fee-- 49 Pa. Code § 36.6. (Number not yet assigned)         --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Summer 2002, as Proposed.           Summer 2002, as Final.       Fall 2002, as Final, Proposed- Omitted             Summer 2002, as Proposed.             Summer 2002, as Statement of Policy.	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. Statutory Authority: Section 5(2) of the Act, 63 P. S. § 457.5(2).   The regulation would revise the Board's schedule of fees to reflect the actual costs of the services provided. Statutory Authority: Section 9 of the Act, 63 P. S. § 457.9.   The regulation would establish continuing education requirements for broker/appraisers pursuant to Act 103 of 2000 and revise existing continuing education requirements for appraisers pursuant to mandatory directives of the federal Appraiser Qualifications Board. Statutory Authority: Section 10(b) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.10(b).   The regulation would establish a biennial renewal fee for broker/appraisers and a revised biennial renewal fee for broker/appraisers and revised biennial renewal fees for other certificate holders of the Board. Statutory Authority: Sections 5(6), 9 of the Real Estate Appraisers Certification Act, 63 P. S. §§ 457.5(6) and 457.9.   The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Real Estate Appraisers Certification Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Real Estate Commission-- Education-- 49 Pa. Code, Chapter 35. (16A-561)   --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Summer 2002, as Proposed.         Summer 2002, as Statement of Policy.	This regulation proposes changes to the current pre-Licensure and continuing education requirements and adds distance education. Statutory Authority: Section 404.1(a) of the Act, 63 P. S. §§ 455.404a.(a).   The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Real Estate Licensing and Registration Act and the Commission's regulations. Statutory Authority: Section 5(a) of the Act, 63 P. S. § 2205(a).	Deborah Sopko (717) 783-3658

 

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