[34 Pa.B. 3468]
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Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact REVENUE Construction Contractors
61 Pa. Code, Article IISeptember 2004, as proposed. The regulation will provide an update to the rules regarding contracts with exempt and nonexempt entities. Douglas Berguson
717-346-4633File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program
61 Pa. Code §§ 117.19--117.21September 2004, as proposed. The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. The Federal and State electronic tax filing program involves the filing of a Pennsylvania personal income tax return as part of the Federal and State Electronic Filing Program. Douglas Berguson
717-346-4633Lucky For Life Lotto
61 Pa. Code §§ 873.1--873.19September 2004, as final. The regulation establishes and details the procedures that will be followed in operating and administering the Lucky for Life Lotto. Douglas Berguson
717-346-4633Prebuilt Housing July 2004, as proposed. The regulation codifies legislative changes relating to prebuilt housing that were set forth in Act 23-2000 (72 P. S. §§ 7201(g)(8), (vv)--(zz), 7202(f) and 7204(60)). Douglas Berguson
717-346-4633Realty Transfer Tax Amendments
61 Pa. Code, Chapter 91September 2004, as proposed. The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy. Douglas Berguson
717-346-4633Small Games of Chance Amendments
61 Pa. Code, Part VIIJuly 2004, as proposed. The regulation contains comprehensive amendments to Part VII to incorporate legislative changes made to the Local Option Small Games of Chance Act (10 P. S. §§ 311--328) in 1990 and 2000 and to codify policy and administrative changes regarding games of chance. Douglas Berguson
717-346-4633Support Offset and Other Personal Income Tax Provisions September 2004, as proposed This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions. Douglas Berguson
717-346-4633SECURITIES COMMISSION
Rule 144A exchange transactions
64 Pa. Code § 203.203Proposed Rulemaking
July 2004The Commission plans to propose a regulation to exempt from registration certain transactions in Rule 144A securities with certain accredited investors. G. Philip Rutledge
(717) 783-5130Investment adviser registration procedures
64 Pa. Code § 303.012Proposed Rulemaking
July 2004The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. G. Philip Rutledge
(717) 783-5130Investment adviser capital requirements
64 Pa. Code § 303.042Proposed Rulemaking
July 2004The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. G. Philip Rutledge
(717) 783-5130Investment adviser required records
64 Pa. Code § 304.012Proposed Rulemaking
July 2004The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. G. Philip Rutledge
(717) 783-5130Investment adviser required financial reports
64 Pa. Code § 304.022Proposed Rulemaking
July 2004The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. G. Philip Rutledge
(717) 783-5130Investment adviser custody or possession of funds or securities of clients
64 Pa. Code § 404.013Proposed Rulemaking
July 2004The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules G. Philip Rutledge
(717) 783-5130STATE
State Board of Accountancy
--General Revisions--
49 Pa. Code, Chapter 11. (16A-559)Fall 2004, as Proposed. The regulation would clarify certain issues related to the enforcement of the C.P.A. Law; make requirements consistent with the language of the C.P.A. Law; repeal outdated and unnecessary requirements; and make editorial changes. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3. Dorna Thorpe
(717) 783-1404State Architects Licensure Board Dorna Thorpe
(717) 783-3397--Definition of Sole Proprietorship and Clarification of Renewal Fee for Firms--
49 Pa. Code §§ 9.2 and 9.3 (16A-418)Fall 2004, as Final. This regulation is needed to clarify which types of firm practice are subject to the annual fee for registered architecture firms. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a). --Schedule of Civil Penalties--
49 Pa. Code § 43b.21.
(16-32)Fall 2004, as Proposed This regulation would amend the schedule of Act 48 civil penalties for violations of the Architects Licensure Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). State Athletic Commission
--Communicable Disease Testing--
58 Pa. Code §§ 1.1 and 28.1
(16-34)Summer 2004, as Proposed This regulation would expand the Commission's current regulations that authorize the testing of boxers for HIV to permit testing for other communicable diseases, including Hepatitis C. Statutory Authority: Sections 103(b) and 501of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 501. Greg Sirb
(717) 787-5720State Board of Auctioneer Examiners
--Deletion of Reference to Examination Fees--
49 Pa. Code § 1.41.
(16A-647)Fall 2004, as Final. The regulation would delete references to examination fees. Statutory Authority: Section 6(a) of the Auctioneer and Auction Licensing Act, 63 P. S. § 734.6(a). Tammy Radel
(717) 783-3397State Board of Barber Examiners
--Schedule of Civil Penalties--
49 Pa. Code § 43b.4
(16-32)Fall 2004, as Proposed This regulation would amend the schedule of Act 48 civil penalties for violations of the Barbers' Licensing Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). Sara Sulpizio
(717) 783-3402State Board of Certified Real Estate Appraisers Michelle Smey
(717) 783-4866--General Revisions--
49 Pa. Code, Chapter 36.
(16A-7014)Fall 2004, as Proposed. The regulation represents a comprehensive revision of requirements relating to education and experience for initial certification; continuing education for renewal of certification; standards of practice; and supervision of appraisal assistants. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2); and Section 3 of the Assessors Certification Act, 63 P. S. § 458.3. --Act 48 of 1993 Civil Penalties--
49 Pa. Code, Chapter 43b.
(16-29)Summer 2004, as Statement of Policy. The policy statement 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 Board of Chiropractic
Deborah Smith
(717) 783-7155--Chiropractic specialties--
49 Pa. Code Chapter 5
(16A-4312)Fall 2004, as Proposed. The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. The regulation would identify the certifications acceptable to the Board. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3). --Patient records--
49 Pa. Code § 5.51
(16A-4313)Fall 2004, as Proposed. The regulation would clarify the requirements for patient records. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3). --Volunteer license--
49 Pa. Code § 5.20
(number not yet assigned)Fall 2004, as Proposed. This regulation is required by the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302. Commissioner, BPOA Cynthia K. Montgomery
(717) 783-7200--Schedule of Civil Penalties--
49 Pa. Code §§ 43b.4; 43b.8; 43b.9; 43b.10a and 43b.11a
(16-32)Fall 2004, as Proposed. The regulation would amend the schedules of civil penalties for the State Board of Barber Examiners; State Real Estate Commission; State Board of Vehicle Manufacturers, Dealers and Salespersons; State Board of Accountancy; and State Architects Licensure Board that were previously codified as regulations under Act 48 of 1993. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). --Schedule of Civil Penalties--
49 Pa. Code §§ 43b.15; 43b.16; 436.17; 43b.18; 43b.19 and 43b.20
(16-29)Summer 2004, as Statement of Policy This Statement of Policy would establish Act 48 Civil Penalty Schedules for six additional boards (State Board of Certified Real Estate Appraisers; State Board of Examiners in Speech-Language and Hearing; State Board of Examiners of Nursing Home Administrators; State Board of Nursing; State Board of Occupational Therapy Education and Licensure; and State Board of Medicine). Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). Bureau of Commissions, Elections & Legislation
--Fees for Notary Services--
(16-33)Summer 2004, as Proposed. This regulation would increase the fees that notaries are permitted to charge for their services. An increase has not occurred since February 1984. Statutory Authority: Sections 21 and 22.3 of the Notary Public Law, 57 P. S. §§ 167 and 168.3. Nancy Chavez
(717) 787-5280Corporations Bureau
--UCC Revised Article 9--
(16-35)Fall 2004, as Proposed. This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526. Christal Pike-Nase
(717) 787-6802State Board of Cosmetology
--Sanitation/ Disinfection--
49 Pa. Code §§ 7.90--7.101
(16A-454)Fall 2004, as Final. The proposed regulation would update the Board's sanitation and disinfection requirements for manicuring, cosmetician and cosmetology shops and schools. Statutory Authority: Sections 11 and 14 of the Beauty Culture Law, 63 P. S. §§ 517 and 520. Sara Sulpizio
(717) 783-7130State Board of Dentistry Lisa Burns
(717) 783-7162--Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia--
49 Pa. Code §§ 33.331--33.344.
(16A-4614)Fall 2004, as Final. This regulation would amend requirements for administration of anesthesia/analgesic in response to a Commonwealth Court case and the enactment of Act 135 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o) and Section 2 of Act 135 of 2002. --Sexual Misconduct--
49 Pa. Code, Chapter 33.
(16A-4613)Fall 2004, 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 3(o) of the Dental Law, 63 P. S. § 122(o). --Expanded Function Dental Assistants--
49 Pa. Code § 33.103.
(16A-4612)Fall 2004, as Final. This regulation would eliminate the clinical examination component with respect to expanded function dental assistants. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o). --Volunteer license--
49 Pa. Code § 33.110
(number not yet assigned)Fall 2004, as Proposed This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o). State Registration Board for Engineers, Land Surveyors and Geologists
--Fees--
49 Pa. Code § 37.17
(number not yet assigned)Fall 2004, as Proposed. The regulation would increase biennial renewal fees for all license classes, delete examination fees as unnecessary, and make editorial and organizational changes to the other fees. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151(d) and (e). Shirley Klinger
(717) 772-8528State Board of Funeral Directors Michelle Smey
(717) 783-3397--Unprofessional Conduct--
49 Pa. Code § 13.201, 202.
(16A-4814)Fall 2004, as Proposed. The amendment would add to the Board's standards of practice and conduct. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). --General Revisions--
49 Pa. Code, Chap. 13
(16A-4815)Fall 2004, as Proposed. These amendments would update the Board's regulations related to advertising, application procedures, facility requirements, qualifications for licensure and responsibilities of supervisors. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). --Continuing Education--
49 Pa. Code, Chapter 13
(16A-489)Fall 2004, as Final. This regulation is being promulgated to comply with the requirement of Act 48 of 2000 that the Board adopt regulations to implement continuing education, as now required by Section 10(b) of the Funeral Director Law. Statutory Authority: 63 P. S. § 479.10(b). --Limited License--
49 Pa. Code §§ 13.1, 13.12, and 13.77
(16A-4810)Fall 2004, as Final. This regulation is being promulgated to implement the provisions of Act 48 of 2000 that authorized the Board to enter into agreements with other states to issue limited licenses to funeral directors from other states. Statutory Authority: Section 9(c) of the Funeral Director Law, 63 P. S. § 479.9(c). --Forms Review--
49 Pa. Code §§ 13.204 and 13.244
(16A-4813)Fall 2004, as Proposed This proposed regulation would clarify the criteria by which the Board will review form statements of funeral goods and services and preneed contracts and add grounds for the Board to disapprove forms. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). State Board of Landscape Architects Shirley Klinger
(717) 772-8528--Deletion of Reference to Examination Fees--
49 Pa. Code § 15.12.
(16A-617)Summer 2004, as Final. The regulation would delete references to examination fees. Statutory Authority: Section 4(2) of the Landscape Architects' Registration Law, 63 P. S. § 904(2). --General Revisions--
49 Pa. Code, Chapter 15.
(16A-618)Fall 2004, as Proposed. The regulation would entail general revisions of the Board's current regulations. Statutory Authority: Section 4(9) of the Landscape Architects' Registration Law, 63 P. S. § 904(9). State Board of Medicine Joanne Troutman
(717) 783-1400--Continuing Medical Education--
49 Pa. Code, Chap. 16
(16A-4914)Fall 2004, as Final. 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. --Athletic Trainers--
49 Pa. Code, Chap. 16
(16A-4915)Fall 2004, as Proposed 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 of 2001. --Licensure of Medical Doctors--
49 Pa. Code §§ 17.1(b), 17.2(c) and 17.5(c)(2)
(16A-4917)Fall 2004, as Proposed. This regulation would delete the requirements that graduates of foreign medical schools demonstrate 32 months and 4000 hours of instruction and 72 weeks of clinical instruction. It would also amend the regulation pertaining to licensure by endorsement to prove the Board greater discretion in assessing the qualifications of physicians who have extensive practice experience. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. --Disciplinary Procedures--
49 Pa. Code, Chapter 16, Subchapter E.
(16A-4918)Fall 2004, as Final. This regulation would amend the Board's disciplinary procedures regulations to codify existing practices and to assure that in light of the passage of the MCARE Act, the procedures suggested by the Health Care Services Malpractice Act survive. Statutory Authority: Sections 8 and 9 of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.9. --Acupuncture Registration--
49 Pa. Code, Chapter 18, §§ 18.11--18.19
(16A-4919)Fall 2004, as Proposed. This proposed regulation will amend the Board's existing regulations so that they comport with the Act 49 amendments to the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803. --Physician's Assistants--
49 Pa. Code, Chapter 18, Subchapter D
(number not yet assigned)Fall 2004, as Proposed. This regulation amends the Board's regulations pertaining to physician assistants. Statutory Authority: Section 13 of the Medical Practice Act of 1985, 63 P. S. § 422.1. --Act 48 of 1993 Civil Penalties--
49 Pa. Code, Chapter 43b.
(16-29)Summer 2004, as Statement of Policy. This statement of policy would establish a schedule of Act 48 civil penalties for failure to report under the MCARE Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a); Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8; and Section 903(1) of the MCARE Act, 40 P. S. § 1303.903(1). --Volunteer License--
49 Pa. Code § 16.18
(number not yet assigned)Fall 2004, as Proposed. This regulation is required to amend the current regulations regarding volunteer licenses to conform to recent amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. State Board of Nursing Ann Steffanic
(717) 783-7142--CRNP Program Approval--
49 Pa. Code §§ 21.260--278, 286--289.
(16A-5119)Fall 2004, as Proposed. 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). --Update of CRNP Prescriptive Authority Fees--
49 Pa. Code § 21.253.
(16A-5116)Fall 2004, as Final. 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 Professional Nursing Law, 63 P. S. § 221.2. --CRNP Continuing Education--
49 Pa. Code § 21.253.
(16A-5117)Fall 2004, as Final This regulation pertains to continuing education requirements associated with Certified Registered Nurse Practitioners. Statutory Authority: Sections 2.1(k) and 8.1 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 218.1. --Programs in Transition--
49 Pa. Code § 21.51
(16A-5118)Fall 2004, as Final. This regulation sets requirements for hospital-based registered nurse diploma education programs to transition to degree-granting status under the authority of a college or university which is pursuing, but has not yet attained, regional accreditation. Statutory Authority: Section 2.1(k) and Section 6 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 216. --Licensed Dietitian-Nutritionist Regulations--
49 Pa. Code §§ 21.701--21.717
(16A-5120)Fall 2004, as Proposed. Act 99 of 2002 amended the Professional Nursing Law to include the licensure of dietitian-nutrition- ists. These regulations implement those amend- ments. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). --Temporary Practice Permits--
49 Pa. Code §§ 21.7 and 21.149
(16A-5121)Fall 2004, as Proposed The regulation provides for temporary practice permits for graduate professional nurses and graduate practical nurses and for currently-licensed professional nurses and practical nurses practicing in other jurisdictions who apply for licensure in this Commonwealth. Statutory Authority: Sections 2.1(k) and 4.1 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 214.1; and sections 3.1 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 653.1 and 667.6. --LPN / IV Therapy--
49 Pa. Code § 21.145
(16A-5122)Fall 2004, as Proposed This regulation addresses the LPN's role in working with peripherally inserted catheters (PIC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6. --RN and LPN Program Examination Pass Rates--
49 Pa. Code, Chapter 21
(number not yet assigned)Fall 2004, as Proposed This regulation will clarify the procedure for removing a nursing education program from the approved list and further establish standards for placing a nursing education program on provisional approval or removing the program from the approved list based on the failure rate for first-time examinees on the licensure examination. Statutory Authority: 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. --Volunteer License--
49 Pa. Code, Chapter 21, Subchapter F, §§ 21.601--21.607.
(number not yet assigned)Fall 2004, as Proposed. This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). --Act 48 of 1993 Civil Penalties--
49 Pa. Code, Chapter 43b.
(16-29)Summer 2004, as Statement of Policy The policy statement would establish a schedule of Act 48 civil penalties for violations of the Professional Nursing Law and the Practical Nurse Law. Statutory Authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)). State Board of Examiners of Nursing Home Administrators Christina Stuckey
(717) 783-7155--Deletion and Correction of Fees--
49 Pa. Code § 39.72.
(16A-628)Summer 2004, as Final. This regulation would delete licensing examination fees. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c). --Requirements for Admission to Examination--
49 Pa. Code § 39.5.
(16A-627)Fall 2004, as Proposed. This regulation would update and revise the requirements for admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c). --Act 48 of 1993 Civil Penalties--
49 Pa. Code, Chapter 43b.
(16-29)Summer 2004, as Statement of Policy. This Statement of Policy would establish a schedule of Act 48 civil penalties for violations of the Nursing Home Administrators Licensing Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). State Board of Occupational Therapy Education and Licensure
--Act 48 of 1993 Civil Penalties--
49 Pa. Code, Chapter 43b.
(16-29)Summer 2004, as Statement of Policy. The Statement of Policy 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(a) of Act 48 of 1993, 63 P. S. § 2205(a). Lisa Burns
(717) 783-1389State Board of Optometry Deborah Smith
(717) 783-7155--General Revisions--
49 Pa. Code §§ 23.1, 23.33, 23.34, 23.42, 23.64, 23.71.
(16A-528)Fall 2004, as Final. The Board is making 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). --Continuing Education, Certification to Treat Glaucoma--
49 Pa. Code §§ 23.82, 23.86, 23.91, and 23.205
(16A-5211)Summer 2004, as Final. This regulation implements amendments to the Act made by Act 225 of 2002, adds the American Academy of Ophthalmology and its affiliates to the list of pre-approved continuing education providers, and establishes an application procedure and related fee for certification to treat glaucoma. Statutory Authority: 63 P. S. §§ 244.2b and 244.3(b)(12) and (14). --Volunteer License--
49 Pa. Code § 23.26
(number not yet assigned)Spring 2004, as Proposed. This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14). State Board of Osteopathic Medicine Gina Bittner
(717) 783-4858--Continuing Medical Education--
49 Pa. Code, Chap. 16
(16A-5313)Fall 2004, as Final. This regulation would implement the act of March 20, 2002 (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. --Athletic Trainers--
49 Pa. Code, Chap. 16
(16A-5314)Fall 2004, as Proposed 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 of 2001. --Delegation--
49 Pa. Code, Chap. 16
(16A-5312)Fall 2004, as Final. This regulation would establish standards for the delegation of osteopathic medical services to qualified personnel. Statutory Authority: Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16. --Volunteer License--
49 Pa. Code, Chapter 25, Subchapter L, §§ 25.601--25.607.
(number not yet assigned)Fall 2004, as Proposed. This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16. State Board of Pharmacy Melanie Zimmerman
(717) 783-7156--Technology and Automation--
49 Pa. Code, Chapter 27.
(16A-5410)Fall 2004, 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 Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1), (9). --Drug Therapy and Administration of Injectable Medications, Biologicals and Immunizations--
49 Pa. Code, Chapter 27
(16A-5412)Fall 2004, as Proposed. Section 2 of Act 102 of 2002 requires the Board to adopt regulations establishing the parameters of written agreements or protocols for drug therapy management in institutional settings and to establish education and training standards and practice guidelines under which pharmacists may be authorized to administer injectable medications, biologicals, and immunizations to persons who are more than eighteen years of age. Statutory Authority: Sections 9.1 and 9.2 of the Pharmacy Act, 63 P. S. §§ 390-9.1 and 390-9.2. --Deletion of Examination Fees--
49 Pa. Code § 27.91
(16A-5413)Fall 2004, as Proposed. This proposed amendment deletes references to the examination fees from the board's schedule of fees to avoid the necessity of amending the regulations whenever the test administrator changes the fees. Statutory Authority: Sections 4(j) and 6(k)(1) of the Pharmacy Act, 63 P. S. §§ 390-4(j), and 390-6(k)(1). State Board of Physical Therapy J. Robert Kline
(717) 783-7134--General Revisions--
49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21--40.24.
(16A-659)Fall 2004, as Final. 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). --Certificate of Authorization to Practice Physical Therapy Without a Referral--
49 Pa. Code Chap. 40
(16A-651)Summer 2004, as Final. This regulation would implement the act of Feb. 21, 2002 (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; Section 3 of the Physical Therapy Practice Act, 63 P. S. § 1303. State Board of Podiatry Gina Bittner
(717) 783-4858--Professional Liability Insurance--
49 Pa. Code, Chapter 29, §§ 29.52--29.54
(16A-447)Fall 2004, as Proposed This regulation would amend the current regulations to eliminate references to the Health Care Services Act and replaces them with references to the Medical Care Availability and Reduction of Error (MCARE) Act. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15. --Sexual Misconduct--
49 Pa. Code, Chapter 29
(16A-448)Fall 2004, 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 form a professional relationship. Statutory Authority: Sections 15 and 16(3) of the Podiatry Practice Act, 63 P. S. §§ 42.15 and 42.16(3). --Registration and Practice of Acupunture--
49 Pa. Code, Chapter 29
(16A-449)Fall 2004, as Proposed. This regulation is required to establish the registration fees and regulate the practice of acupuncturists under the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803. --Volunteer License--
49 Pa. Code § 29.55
(number not yet assigned)Fall 2004, as Proposed. This regulation is required to amend the Board's regulations to conform to recent amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15. State Board of Psychology Christina Stuckey
(717) 783-7155--Education Requirements--
49 Pa. Code § 41.31
(16A-6313)Fall 2004, as Proposed. This regulation would require all doctoral degree programs in psychology and fields related to psychology within North American and the U. S. territories to either be accredited by the APA/CPA or designated by ASPPB. Statutory Authority: Sections 3.2(1) and 6(a)(2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and 1206(a)(2). --Notice Requirements--
49 Pa. Code §§ 41.65--41.66
(16A-6314)Fall 2004, as Final. This regulation would require licensees to provide notice to the Board of certain criminal convictions and disciplinary actions taken by licensing authorities in other jurisdictions and require licensees who have been suspended or revoked by the Board to notify all current clients/patients of the disciplinary action. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2). State Real Estate Commission Deborah Sopko
(717) 783-3658--Education--
49 Pa. Code, Chapter 35.
(16A-561)Fall 2004, as Final. 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 Real Estate Licensing and Registration Act, 63 P. S. § 455.404a(a). --Deletion of Examination Fee--
49 Pa. Code, Chapter 35.
(16A-569)Fall 2004, as Final. This regulation is needed to delete references to the examination fee, which is determined by contract and charged by the professional testing organization, from the schedule of fees and examination provisions. Statutory Authority: Section 812.1 of the Administrative Code, 71 P. S. § 279.3a. --Reciprocity--
49 Pa. Code, Chapter 35.
(16A-5610)Fall 2004, as Proposed. This Proposed regulation implements Act 58 of 2003, which adds provisions to the Real Estate Licensing and Registration Act related to reciprocal licenses. Act 58 became effective on February 28, 2004. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404. --Schedule of Civil Penalties--
49 Pa. Code § 43b.8
(16-32)Fall 2004, as Proposed. This regulation would amend the existing Act 48 Schedule of Civil Penalties formerly promulgated by the Real Estate Commission in 1998. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). State Board of Social Workers, Marriage and Family Therapists and Professional Counselors Cindy Warner
(717) 783-1389--Continuing Education--
49 Pa. Code, Chapter 47
(16A-693)Fall 2004, as Proposed. This regulation would require that licensees complete continuing education as a condition of license renewal. Statutory Authority: Sections 18(a) 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. §§ 1918(a) and 1906(2). --Dual Licensing of Substance Abuse Services-- 49 Pa. Code § 49.17
(16A-697)Spring 2004, as Statement of Policy. This Statement of Policy establishes the Board's position on the dual licensing of providers of Substance Abuse Services by the Board and the Department of Health. Statutory Authority: Section 2 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1902. --Sexual Misconduct--
49 Pa. Code §§ 50.20--50.25.
(16A-691)Fall 2004, as Proposed. This regulation defines the professional relationship and prohibits sexual intimacies between a client/patient and the social worker, clinical social worker, marriage and family therapist or professional counselor. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2). --Supervised Clinical Experience--
49 Pa. Code, §§ 47.12c, 48.13 and 49.13.
(16A-698)Fall 2004, as Proposed. This regulation permits supervised clinical experience to include group supervisory sessions within educational, institutional and agency settings without the requirement that the supervisor supervise no more than six individuals at the same time. Statutory Authority: Sections 6(2) and 7 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. §§ 1906(2) and 1907. --Technical Amendments--
49 Pa. Code §§ 47.1 and 47.1a.
(16A-699)Fall 2004, as Proposed. This regulation clarifies the definition of ''accredited school'' and deletes the requirement that supervisors of clinical social work applicants for licensure hold a license to practice social work in this Commonwealth so long as they are currently licensed to practice social work in any jurisdiction. Statutory Authority: Section 6 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906. State Board of Examiners in Speech-Language and Hearing Cindy Warner
(717) 783-1389--Continuing Education--
49 Pa. Code, Chapter 45.
(16A-6802)Fall 2004, as Proposed. This regulation would establish continuing education requirements to comply with Act 71 of 2000. Statutory Authority: Section 5(7) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(7). --Assistant Regulations--
49 Pa. Code §§ 45.301--308.
(16A-6801)Fall 2004, as Proposed. This amendment would update the regulatory provisions pertaining to assistants. Statutory Authority: Section 5(8) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(8). --Act 48 of 1993 Civil Penalties--
49 Pa. Code, Chapter 43b.
(16-29)Summer 2004, as Statement of Policy. The policy statement would establish a schedule of Act 48 civil penalties for violations of the Speech-Language and Hearing Licensure Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). State Board of Vehicle Manufacturers, Dealers and Salespersons Teresa Woodall
(717) 783-1697--Consignment Sales--
49 Pa. Code § 19.19.
(16A-607) (formerly 16A-601)Fall 2004, as Final. This regulation would set forth the standards by which dealers may engage in consignment sales. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9). --Auction License--
49 Pa. Code § 19.21.
(16A-603)Fall 2004, as Final. This regulation would set out standards for licensure as a vehicle auction, a new category of licensure created by the 1996 amendments to the Act. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9). --Display Requirements--
49 Pa. Code § 19.18.
(16A-604)Fall 2004, as Final. This regulation would create an exception in the Board's regulations to permit a vehicle dealer to display up to five vehicles in a non-conforming area so long as the public is not permitted to enter the non-conforming area. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9). --Branch Lots--
49 Pa. Code § 19.18.
(16A-605)Summer 2004, as Final. This regulation permits vehicle dealers to (1) display a single vehicle, or series of single vehicles, at an unlicensed location if no sales activity is occurring at that location and (2) store vehicles at an unlicensed location if no sales activity is occurring at that location. Statutory Authority: Sections 2, 4 and 5 of the Board of Vehicles Act, 63 P. S. §§ 818.2, 818.4(4), 818.4(9), and 818.5(e). --Protest Procedures--
49 Pa. Code, Chapter 19.
(16A-608)Fall 2004, as Proposed This regulation would establish procedures to be followed in franchise protest hearings. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9). --Act 48 of 1993 Civil Penalties--
49 Pa. Code, Chapter 43b.
(16-32)Fall 2004, as Proposed. This regulation would amend the schedule of Act 48 of 1993 civil penalties for violations of the Board of Vehicles Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). State Board of Veterinary Medicine
--Implanting Electronic Devices and Conforming Regulations to Act 167 of 2002--
49 Pa. Code, Chapter 31.
(16A-5715)Fall 2004, as Final. This regulation would add implanting electronic identification devices as a duty that may be performed by a veterinary technician or a non-certified employee. In addition, Act 167 of 2002 made terminology changes, changes to the continuing education provisions, and changes to the grounds for discipline of certified veterinary technicians. This regulation conforms the Board's regulations to Act 167 of 2002. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5, and Section 1 of Act 167 of 2002. J. Robert Kline
(717) 783-7134
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