[32 Pa.B. 670]
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Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact Chapter 207--Underground Noncoal Mines
General Safety LawJune 2002 as final This proposal consolidates the regulatory provisions implementing Section 2(f) of the General Safety Law, which regulates worker safety in noncoal mines, into Chapter 207 (Noncoal Mines). Most of these provisions were promulgated by the Department of Labor and Industry over 30 years ago and are found at Title 34, Pennsylvania Code, Chapter 33. DEP's Chapter 207 addresses the use of explosives at noncoal mines and has not been amended since its adoption in 1972. The amendments address effective safety practices in noncoal mines based on changes in the industry and DEP's administration of the program. The proposal incorporates by reference the U.S. Mine Safety and Health Administration's (MSHA) regulations found at 30 CFR Part 57 and adds provisions to address certification of foremen as well as the licensing and duties of blasters. A 60-day public comment period on the proposed rulemaking will close February 6, 2002. Richard Stickler
724-439-7469GENERAL SERVICES
Surplus State Property
4 Pa. Code, Chapter 41Fall, 2002,
as proposedWith the enactment of the Commonwealth Procurement Code (Act 57 of 1998) this Chapter must be substantially amended. Further, there is a need for review and revision of these regulations to implement improvements in the transfer and disposition of state surplus property. Sharon P. Minnich
(717) 787-5295Responsibility
4 Pa. Code Chapter 60Spring, 2002,
as proposedThis chapter must be amended to conform with the legislative changes required by Act 57 and to provide for uniform Commonwealth agency debarment and suspension procedures. Gary F. Ankabrandt
(717) 783-1982Instructions to Bidders
4 Pa. Code, Chapter 61Fall, 2002,
as proposedThis Chapter has been superseded and should be repealed because such instructions should not be set out in regulatory form. There is a need for flexibility which can be of benefit to the Department as well as bidders. Merle H. Ryan
(717) 787-7095General Conditions of the Construction Contract
4 Pa. Code, Chapter 63Fall, 2002,
as proposedSee comment for Chapter 61. Merle H. Ryan
(717) 787-7095State Art Commission
4 Pa. Code, Chapter 65Fall, 2002,
as finalThe legislation creating the State Art Commission was sunsetted Merle H. Ryan
(717) 787-7095Emergency Construction Repairs
4 Pa. Code, Chapter 67Fall, 2002,
as proposedThe regulation should be amended to more accurately reflect present practice and to delete contract provisions. Such provisions should not be in regulatory form and their deletion will serve the same purpose as noted for Chapter 61. Merle H. Ryan
(717) 787-7095Contract Compliance
4 Pa. Code, Chapter 68Fall, 2002,
as proposed
Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services Sheri Phillips
(717) 783-8720Methods of Awarding Contracts
4 Pa. Code, Chapter 69Fall, 2002,
as proposedWith the enactment of the Commonwealth Procurement Code (Act 57) it is necessary to conform this Chapter with the changes in the law and to address other procurement areas affected by Act 57. Sharon P. Minnich
(717) 787-5295Commonwealth Parking Facilities
4 Pa. Code, Chapter 71Fall, 2002,
as proposedAmendments are required because parking locations have been changed. James W. Martin
(717) 783-5028Commonwealth Automotive Fleet
4 Pa. Code, Chapter 73Fall, 2002,
as proposed
The regulation will be amended to eliminate the requirement for a Pennsylvania license to drive a state vehicle and will permit out-of-state licenses. Sharon P. Minnich
(717) 783-1982Processing Subscriptions and Sales of Pennsylvania Code and Related Publications
4 Pa. Code, Chapter 81Fall, 2002,
as proposedThese regulations should be repealed since the Department of General Services' Bureau of Management Services no longer has responsibility for the processing of subscriptions and orders for the Pennsylvania Code. Sheri Phillips
(717) 783-8720First Amendment Rights
4 Pa. Code, Chapter 86Fall, 2002,
as proposedThe amendment will extend coverage of the statement of policy to the Philadelphia State Office Building, Pittsburgh State Office Building, Scranton State Office Building, and Reading State Office Building. Gregory C. Santoro
(717) 787-5599Prequalification
4 Pa. Code, Chapter 60Spring, 2002,
as proposedUnder the authority granted in the Commonwealth Procurement Code, the Department will initiate prequalification of public works contractors for Commonwealth projects. The regulations will provide factors to be considered in determining whether to prequalify contractors as well as provisions for suspending or revoking prequalification if contractors do not comply with prequalification standards. Jan Matthew Tamanini
(717) 787-6789HEALTH
Testing Blood and Alcohol Specimens Taken From Persons Who Die as a Result of a Vehicle Accident.
28 Pa. Code §§ 29.21 and 29.22August 2002,
as proposed.The amendments to existing regulations will update testing procedures and make the regulations consistent with the authorizing statute. Pursuant to the section 3749 of the Vehicle Code, 75 Pa.C.S. § 3749, and Reorganization Plan No. 4 of 1981 (71 P. S. § 751-31). Kenneth E. Brody
717-783-2500Health Facility Licensure--General & Special Hospitals & Health Planning
28 Pa. Code § 301.1 et seq.
28 Pa. Code § 401.1 et seq.
August 2002,
as final-omitted.Existing regulations in chapters on health planning (federal program and certificate of need) will be repealed as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b. James T. Steele, Jr.
717-783-2500Health Facility Licensure--General Administrative Chapter & General and Special Hospitals.
28 Pa. Code § 101.1 et seq.December 2002, as proposed. The amendments to existing regulations will update the licensure requirements for hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b. Tanya Leshko
717-783-2500Birth Centers
28 Pa. Code § 501.1 et seq.March 2002,
as final.The amendments to existing regulations will incorporate proposed newborn screening regulations. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.409b. Carol Somerset-Griffie
717-783-2500Communicable Diseases
28 Pa. Code § 27.1 et seq.February 2002,
as final.The amendments to existing regulations will make them consistent with current public health practices for the control of communicable and other reportable conditions. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21. Yvette M. Kostelac
717-783-2500Reporting of Certain HIV Test Results, CD4 T-Lymphocyte Counts Below a Certain Level, and Perinatal Exposure of Newborns to HIV
28 Pa. Code §§ 27.1-27.2, 27.21-27.22, 27.32, 27.32a--27.32dJuly 2002, as final. The amendments to existing regulations will add reporting of certain HIV test results, CD4 T-lymphocyte counts below a certain level, and perinatal exposure of newborns to HIV to the list of diseases, infections and conditions reportable to the Department of Health. The amendments will specify who is required to report these conditions and how the reporting is to be done. The amendments will also require clinical laboratories to report all reportable diseases, infections and conditions to the Department electronically. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21. Yvette M. Kostelac
717-783-2500Public Bathing Place Lifeguard Requirements
28 Pa. Code § 18.1; § 18.42May 2002, as proposed. The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, amending 35 P. S. §§ 672--680 (the Public Bathing Law). Grace R. Schuyler
717-783-2500Special Supplemental Food Program for Women, Infants and Children (WIC Program)
28 Pa. Code § 1101.1 et seq.June 2002, as proposed. The amendments to existing regulations will bring the State regulations into compliance with changes in the Federal regulations (7 C.F.R. § 246) published December 29, 2000, relating to vendor selection criteria, training requirements, monitoring requirements and compliance investigations, and the vendor appeals process. Karin Simpson Gutshall
717-783-2500Health Facility Licensure/Hospices
28 Pa. Code § 651.1 et seq.July 2002, as proposed. These new regulations will provide standards for the licensing and regulation of hospices. They will, at a minimum, contain standards set forth in regulations for hospices certified as providers under the Medicare Program. Pursuant to Act 95 of 1998, amending the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b. Tanya Leshko
717-783-2500Hearing Aid Sales and Registration/Continuing Education
28 Pa. Code § 25.201 et seq.April 2002, as proposed. The amendments to existing regulations will include continuing education requirements for hearing aid fitters, provide for 30-day money back written guarantees on hearing aids, and revise certification fees for consistency with the statute. Pursuant to Act 153 of 1998, amending the Hearing Aid Sales Registration Act, 35 P. S. §§ 6700-101--6700-802. Tanya Leshko
717-783-2500Newborn Screening
28 Pa. Code § 28.1 et seq.April 2002, as final. The amendments to the existing regulations will add four diseases to the list of required diseases for which newborns must be screened. The amendments will also prescribe the manner by which specimens are to be collected and tested. Pursuant to the Newborn Child Testing Act, 35 P. S. §§ 621--625. Stephanie Michel-Segnor
717-783-2500Drug and Alcohol Facility Physical Plant Standards
28 Pa. Code §§ 705.1--705.29.February 2002,
as final.The amendments to existing regulations will establish health and safety requirements for the physical sites of all residential and nonresidential services. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690.101--1690.115. Keith Fickel
717-783-2500Narcotic Treatment Standards
28 Pa. Code §§ 701 and 715.July 2002, as final. The amendments to existing regulations will repeal 4 Pa. Code § 263, transfer regulations to Title 28, and amend and update narcotic treatment, including methadone treatment standards. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690.101--1690.115. Keith Fickel
717-783-2500Prevention Activities
28 Pa. Code §§ 701 and 713.June 2002, as final. Existing regulations imposing standards for approval of drug and alcohol prevention activities will be repealed. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690.101--1690.115. Keith Fickel
717-783-2500Drugs Used in Optometric Practices
28 Pa. Code § 6.2March 2002, as proposed. The amendments to existing regulations will add substances to the list of drugs that may be used by certain optometrists. Pursuant to section 244.2 of the Optometric Practice and Licensure Act, 63 P. S. § 244.2. Keith Fickel
717-783-2500HOUSING FINANCE AGENCY No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY
No regulations being developed or considered at this date. INSURANCE
Objections and Procedure for Hearings on Reports of Examination, 31 Pa. Code, Chapter 58, §§ 58.1--58.3 Spring 2002, as proposed. Repeal to eliminate outdated, unnecessary requirements consistent with the new examination law adopted in 1992 (40 P. S. §§ 323.1--323.8). Peter J. Salvatore, Regulatory Coordinator
717-787-4429Charter Amendments, 31 Pa. Code, Chapter 65, §§ 65.21--65.26 Spring 2002, as proposed. Amend to eliminate outdated, unnecessary provisions relating to minimum capital and surplus requirements pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility
31 Pa. Code, Chapter 67, §§ 67.21--67.28Summer 2002, as proposed. Amend to make the regulation consistent with statutory requirements. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Replace Life Insurance Annuities
31 Pa. Code, Chapter 81, §§ 81.1--81.9Spring 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1--82.91 Summer 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Disclosure in Solicitation of Life Insurance
31 Pa. Code, Chapter 83, §§ 83.1--83.57Spring 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Annuity Disclosure, (NEW Chapter 83a) Spring 2002, as proposed. A new regulation to eliminate misleading illustrations, make illustrations more understandable and to standardize the disclosure statement language to be use with the selling of annuities. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42 Summer 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Life Insurance Illustrations (New Chapter 87a) Summer 2002, as proposed. Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Preparation of Forms, 31 Pa. Code, Chapter 89, §§ 89.12--16, 89.18--89.62 Spring 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Prior Approval of Forms Required, 31 Pa. Code, Chapter 89, § 89.101 Spring 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Long-Term Care Insurance, 31 Pa. Code, Chapter 89, §§ 89.901--89.921 Winter/Spring 2002, as final. Repeal current regulation and adopt new regulation based on NAIC model regulation. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Cash Advances to Insurance Companies 31 Pa. Code, Chapter 105, §§ 105.1--105.2 Spring 2002, as proposed. Amend to apply to all types of insurers, reflect statutory amendments adopted in 1992 and 1995 and to eliminate outdated, unnecessary provisions relating to cash advancements to insurance companies pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Public Adjusters, 31 Pa. Code, Chapter 115, §§ 115.1--115.8 Winter/Spring 2002, as proposed. The regulation was initially promulgated to clarify the requirements of public adjuster contracts. The authorizing statute, Act 72, was amended in 1983 (63 P. S. §§ 1601--1608), and the Insurance Department seeks to modify Chapter 115 to be consistent with the revised statutory language. Licensing requirements are being proposed to be added to this regulation. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Management Contracts or Exclusive General Agent Agreements, 31 Pa. Code, Chapter 127, §§ 127.1--127.8 Spring 2002, as proposed. Amend pursuant to Executive Order 1996-1 Peter J. Salvatore, Regulatory Coordinator
717-787-4429Description of Reserves--Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3 Spring 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10 Summer 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Privacy of Consumer Health Information, 31 Pa. Code, Chapter 146b Spring 2002, as proposed. NEW. This implements the NAIC model privacy regulation with respect to health information in accordance with the health privacy regulations of the U.S. dept. of health and Human Services and the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.). Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Securities Held Under Custodial Agreements, 31 Pa. Code, Chapter 148, §§ 148.1--148.4 Winter/Spring 2002, as proposed. Amend to eliminate unnecessary forms, add uniform requirements relating to custodial agreements and duties of custodians and update provisions relating to permissible custodians. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Underground Storage Tank Indemnification Fund Fees Winter/Spring 2002, as final-omitted. Update the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). The new fee structure is based off the actuarial study performed in 2001. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Workers' Compensation Security Fund
Assessment Regulation, xx Pa. Code (new chapter)Spring 2002, as proposed. HB1370 passed the GA in 2000 allowing the Fund to develop a regulatory scheme to finance the obligations of the Fund. The proposed regulation will establish reporting requirements for licensed worker's compensation carriers and assessment calculations. Peter J. Salvatore, Regulatory Coordinator
717-787-4429LABOR AND INDUSTRY
Workers' Compensation Bureau, Workers' Compensation Judges, and Workers' Compensation Appeal Board regulations at 34 Pa. Code Chapters 131, 121, and 111. Fall 2001, withdrawn as final form and re-submitted as proposed. These rules have not been updated in many years; they need to reflect the changes in the law and practice of workers' compensation. The Department withdrew the final form regulations and re-submitted because of comments submitted by the Attorney General's Office. Thomas J. Kuzma
(717) 783-4467Underground Storage Facilities Anticipate submitting as proposed in Spring, 2003. This regulation will address requirements for natural or man-made caverns used for LPG storage. James Varhola
(717) 787-3329Dry Cleaning Will be addressed through Act 45 regulations. (See Act 45 regs below.) Dry Cleaning Law, Act of December 19, 1990, P. L. 1327, No. 214, 35 P. S. 1270.1 et seq. This proposal will regulate the construction, operation and maintenance of dry cleaning plants. Edward Leister
(717) 787-3323Elevators and Lifting Devices Will be addressed through Act 45 regulations. (See Act 45 regs below.) The new regulation will amend the current standards to include ANSI/ASME A17.1, B20.1 and other national consensus standards. There is a need to update standards to bring them in line with national standards. James Varhola
(717) 787-3329Unemployment Compensation Regulations, Title 34.
Labor & Industry RegulationsCurrently preparing final form regulations and anticipate submitting to IRRC in Winter, 2002. The proposed regulation will clarify the meaning of reasonable assurance as it applies to the eligibility of the employes of educational institutions during regularly scheduled non-school periods.
Under Section 402.1 of the PA UC Law, a school employe is not eligible for benefits based on school employment during a regularly scheduled non-school period when the individual performed services for a school employer prior to the break and has a reasonable assurance of performing such services following the break.Jeri Morris
(717) 787-6337Asbestos Occupations Accreditation and Certification June 2001, as proposed. Act of December 19, 1990, P. L. 05, No. 194, 64 P. S. §§ 2101--2112. This regulation established the Department's worker certification and training provider accreditation program. It also sets up training course requirements. It is based on the Environmental Protection Agency's model plan. Sharon Lawson
(717) 772-3396Uniform Construction Code (UCC) regulations. Act 45 of 1999. The Training and Certification portion was submitted as proposed in Spring, 2001. Anticipate submitting in final form in Winter/Spring, 2002. Anticipate submitting Administrative regulations as proposed in Summer, 2002. Act 45 of 1999, providing for a uniform statewide building code, requires the Dept. of L&I to promulgate regulations. Because this measure in effect repealed the Dry Cleaning Law, Elevator Law and Fire & Panic Act, the regulations pursuant to each (including those for Personal Care Homes), will be addressed through regulations for Act 45. Personal Care Home regs, previously submitted to OGC, were withdrawn and provisions not addressed in Act 45 regs will be addressed through legislative measure. Edward L. Leister
(717) 787-3323MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
Payment and Collection of Fund Surcharge 31 PA. Code §§ 242.1 et. seq. June 2002, as proposed. This regulation will clarify and update the basis upon which the Medical Professional Liability Catastrophe Loss Fund's surcharge is to be paid. The regulation will be consistent with the statute as it relates to the procedure for levying, payment and collection of the surcharge. The regulation will clarify the guidelines and requirements governing proper administrative and financial operations of the Fund, and will provide uniform procedures to be used in conducting mediation. Statutory authority 40 P. S.§§ 1301.701 et seq. Kenneth J. Serafin
717-783-3770MILITARY AND VETERANS AFFAIRS
State Veterans Home
43 Pa. Code Section 7.1 et. seq.October 2002, as proposed. This regulation is necessary to update current regulations, make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7. Eclemus Wright, Jr.
717-861-8503PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
See Public School Employees' Retirement System.
PROBATION AND PAROLE
No regulations being developed or considered at this date.
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
22 Pa. Code Chapter 213 Publication anticipated within 3 months This proposal is being made to conform the Board's regulations with the policy adopted by the Board at its December 2, 1998 meeting allowing actuarial debt reduction for purchases of service. Frank Ryder
(717) 720-4733
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