[35 Pa.B. 3704]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
REVENUE
Construction Contractors 61 Pa. Code, §§ 31.11--31.16 and 46.11--46.17	December 2005, as proposed	The regulation will provide an update to the rules regarding contracts with exempt and nonexempt entities following Act 45 of 1998. Department awaiting decision of the Pennsylvania Supreme Court.	Douglas Berguson 717-346-4633
Construction Contractors 61 Pa. Code §§ 31.11, 46.2, 46.3, 46.6 and 46.9	July 2005, as proposed.	Administrative Clean Up of Chapter 46 Construction Contractors and Amendment to § 31.11 to avoid duplication of regulations.	Douglas Berguson 717-346-4633
Prebuilt Housing	July 2005, as final.	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 717-346-4633
Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91	August 2005, 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 717-346-4633
Small Games of Chance Amendments 61 Pa. Code, Part VII	August 2005, as final.	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 717-346-4633
Support Offset and Other Personal Income Tax Provisions	September 2005, 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 717-346-4633
Pennsylvania Gaming Cash Flow Management 61 Pa. Code §§ 1001.1--1001.10	July 2005, as temporary	The Department is proposing temporary regulations for Chapter 1001, Central Control Computer System (CCCS) in accordance with the Pennsylvania Race Horse Development and Gaming Act 2004 (Act 71).	Douglas Berguson 717-346-4633
Raffle Lottery Games 61 Pa. Code §§ 874.1--874.17	March 2005 as final	The regulation establishes and details the procedures that will be followed in operating and administering the Raffle Lottery Games.	Douglas Berguson 717-346-4633
SECURITIES COMMISSION
No regulations being developed or considered at this time.
STATE
Bureau of Commissions, Elections and Legislation  Alteration of Local Election Districts 4 Pa. Code § 184 (number not yet assigned)	Fall 2005, as Proposed.	This regulation would clarify the role of the county boards of elections in conducting alterations of local election districts after the period of restriction, in compliance with sections 502--504, 506, 536 and 537 of the Pennsylvania Election Code, 25 P. S. §§ 2702--2704, 2706, 2746 and 2747. Statutory Authority: Section 1 of Act 51 of 1999, 25 P. S. § 2750.	L. Lawrence Boyle (717) 783-1657
State Board of Accountancy General Revisions 49 Pa. Code, Chapter 11 (16A-559)	Fall 2005, as Final.	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.	Linda Dinger (717) 783-1404
Continuing Education 49 Pa. Code §§ 11.62--11.69a (number not yet assigned)	Fall 2005, as Proposed.	This regulation would revise the biennial continuing education requirements for licensed certified public accountants and licensed public accountants. Statutory Authority: Section 3(10) of the C.P.A. Law, 63 P. S. § 9.3(10).
Expiration of License 49 Pa. Code § 11.5a (number not yet assigned)	Fall 2005, as Final (Proposed omitted).	The regulation would change the expiration date of licenses from April 30 of even-numbered years to December 31 of odd-numbered years to align the biennial license period with the statutorily fixed continuing education reporting period. Statutory Authority: Sections 3(12) and 8.2 of the C.P.A. Law, 63 P. S. §§ 9.3(12) and 9.8b(a).
State Architects Licensure Board Licensure by Examination 49 Pa. Code § 9.45(b) (16A-419)	Spring 2006, as Proposed.	This regulation would adopt a ''rolling clock'' requirement for the completion of the Architect Registration Examination. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law, 63 P. S. § 34.6(a) and (d).	Linda Dinger (717) 783-3397
Schedule of Civil Penalties 49 Pa. Code § 43b.21. (number not yet assigned)	Fall 2005, 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)	Fall 2005, as Final	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) 787-5720
State Board of Auctioneer Examiners Correction to Fee Schedule 49 Pa. Code § 1.41 (number not yet assigned)	Fall 2005, as Final (Proposed- Omitted).	This regulation would correct the fee schedule in which a line was inadvertently deleted when the schedule was last amended. Statutory Authority: Section 6(a) of the Auctioneer and Auction Licensing Act, 63 P. S. § 734.6(a).	Tammy Radel (717) 783-3397
State Board of Barber Examiners Schedule of Civil Penalties 49 Pa. Code § 43b.4 (16-32)	Fall 2005, as Final	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).	Linda Dinger (717) 787-2721
Examinations and Student Work 49 Pa. Code, Chapter 3 (16A-427)	Fall 2005, as Proposed.	The regulation would update the existing regulations to conform to current board practice and statutory provisions pertaining to examinations and amends the regulations relating to student records and student hours to allow for part-time school attendance. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b).
State Board of Certified Real Estate Appraisers General Revisions 49 Pa. Code, Chapter 36. (16A-7014)	Fall 2005, 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.	Michelle Smey (717) 783-4866
State Board of Chiropractic Chiropractic specialties 49 Pa. Code Ch. 5 (16A-4312)	Fall 2005, 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).	Deborah Smith (717) 783-7155
Patient records 49 Pa. Code § 5.51 (16A-4313)	Fall 2005, 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 2005, 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 Schedule of Civil Penalties 49 Pa. Code §§ 43b.4; 43b.8; 43b.9; 43b.10a and 43b.11a (16-32)	Fall 2005, as Final.	The regulation would amend the schedules of civil penalties for the State Board of Barber Examiners; State Real Estate Commission and State Board of Vehicle Manufacturers, Dealers and Salespersons 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).	Cynthia K. Montgomery (717) 783-7200
Corporations Bureau UCC Revised Article 9 (16-35)	Fall 2005, 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.	Martha Brown (717) 787-6802
State Board of Cosmetology Biennial Renewal Fee Increase 49 Pa. Code § 7.2 (16A-4512)	Fall 2005, as Final.	The proposed regulation would increase the biennial renewal fees for licenses issued by the Board. Statutory Authority: Section 16 of the Beauty Culture Law, 63 P. S. § 522.	Linda Dinger (717) 787-2721
Accreditation of cosmetology schools 49 Pa. Code §§ 7.111 and 7.113a (16A-4511)	Fall 2005, as Proposed.	This regulation amends the Board's existing regulations to clarify the accreditation requirements for cosmetology schools. Statutory Authority: Sections 6 and 11 of the Beauty Culture Law, 63 P. S. §§ 512 and 517.
State Board of Dentistry Expanded Function Dental Assistants' Curriculum Requirements 49 Pa. Code, Chapter 33 (16A-4616)	Summer 2005, as Proposed.	This regulation is intended to establish curriculum requirements for schools offering education programs for expanded function dental assistants. Statutory Authority: Section 3(a) of the Dental Law, 63 P. S. § 122(a).	Lisa Burns (717) 783-7162
Administration of Local Anesthesia by Dental Hygienists 49 Pa. Code, Chapter 33 (16A-4617)	Fall 2005, as Proposed.	This regulation will establish the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist. Statutory Authority: Section 3(d) of the Dental Law, 63 P. S. § 122(d).
Sexual Misconduct 49 Pa. Code, Chapter 33 (16A-4618)	Fall 2005, as Proposed.	This regulation will define sexual misconduct as it pertains to dentists, dental hygienists and expanded function dental assistants. Statutory Authority: Sections 3(c), (d) (d.1) and (o) of the Dental Law, 63 P. S. § 122(c), (d), (d.1) and (o).
Volunteer license- 49 Pa. Code § 33.110 (number not yet assigned	Fall 2005, 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 Biennial Renewal Fees and Examination Fees 49 Pa. Code § 37.17 (16A-478)	Fall 2005, as Final.	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) 772-8528
General Revisions 49 Pa. Code, Chapter 37 (number not yet assigned)	Winter 2005-2006, as Proposed.	The regulation represents a comprehensive updating and revision of the Board's regulations, including matters relating to eligibility for examination and licensure as a professional engineer, professional land surveyor and professional geologist; references for qualifying experience; temporary practice permits; reactivation of licensure; approval of corporate or fictitious names; and use of professional seal. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151.
State Board of Funeral Directors Professional Misconduct 49 Pa. Code §§ 13.201, 13.202 (16A-4814)	Fall 2005, as Final.	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).	Michelle Smey (717) 783-3397
General Revisions 49 Pa. Code, Chap. 13 (number not yet assigned)	Fall 2005, 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, Ch. 13 (16A-489)	Summer 2005, 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).
Forms Review 49 Pa. Code §§ 13.204 and 13.244 (16A-4813)	Fall 2005, 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).
Preneed Funeral Arrangements 49 Pa. Code, Chapter 13 (16A-4815)	Fall 2005, as Proposed	This regulation would clarify and add additional requirements for funeral directors who enter into preneed funeral arrangement agreements. Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a).
State Board of Landscape Architects General Revisions 49 Pa. Code, Chapter 15 (16A-618)	Fall 2005, as Final.	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).	Shirley Klinger (717) 772-8528
State Board of Medicine Athletic Trainers 49 Pa. Code, Chap. 16 (16A-4915)	Fall 2005, 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.	Joanne Troutman (717) 783-1400
Licensure of Medical Doctors 49 Pa. Code §§ 17.1(b), 17.2(c) and 17.5(c)(2) (16A-4917)	Fall 2005, as Final.	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.
Acupuncture Registration 49 Pa. Code, Chapter 18, §§ 18.11--18.19 (16A-4919)	Fall 2005, as Final.	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 Assistants- 49 Pa. Code, Chapter 18, Subchapter D (16A-4916)	Fall 2005, 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.
Subpoenas 49 Pa. Code § 16.95a (16A-4920)	Summer 2005, as Statement of Policy	This statement of policy outlines the circumstances under which a medical doctor may comply with a subpoena for medical records and not be subject to discipline for violating patient confidentiality. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.
Respiratory Care Practitioners Continuing Education 49 Pa. Code, Chapter 18, Subchapter F. (16A-4921)	Fall 2005, as Proposed.	This regulation is needed to carry out the legislative mandate of Act 55 of 2004 which required certified respiratory care practitioners to complete 20 credits of continuing education each biennium as a condition of certificate renewal. Statutory Authority: Section 1 of Act 55 of 2004 and section 36.1(f) of the Medical Practice Act of 1985, 63 P. S. § 422.36a(f).
Volunteer License 49 Pa. Code § 16.18 (number not yet assigned)	Fall 2005, 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 CRNP Program Approval 49 Pa. Code §§ 21.260--278, 286--289 (16A-5119)	Fall 2005, as Final.	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).	Ann Steffanic (717) 783-7142
CRNP Prescriptive Authority Fees 49 Pa. Code § 21.253 (16A-5116)	Fall 2005, 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.
Programs in Transition 49 Pa. Code § 21.51 (16A-5118)	Fall 2005, 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 2005, as Final.	Act 99 of 2002 amended the Professional Nursing Law to include the licensure of dietitian-nutritionists. These regulations implement those amendments. 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 2005, as Final.	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 2005, 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 (16A-5123)	Fall 2005, 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.
CRNP General Revisions 49 Pa. Code, Chapter 21, Subchapter C (16A-5124)	Fall 2005, as Proposed.	This regulation is required to implement Act 206 of 2002, which gave exclusive jurisdiction over CRNPs to the State Board of Nursing and to revise the existing regulations to allow the effective use of CRNPs to the full extent of their education and training. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k), and section 7(c) of Act 306 of 2002, P. L. 1567, No. 206, December 9, 2002.	Ann Steffanic (717) 783-7142
Fees for Approval of Nursing Education Programs 49 Pa. Code, Chapter 21 (16A-5127)	Fall 2005, as Proposed.	This regulation updates the fees charged by the Board of the approval of nursing education programs at the professional nurse, licensed practical nurse, and certified registered nurse practitioner levels to reflect the current cost of providing these services. Statutory Authority: Section 11.2 of the Professional Nurse Law, 63 P. S. § 221.2, and section 17.5 of the Practical Nurse Law, 63 P. S. § 667.5.
Volunteer License- 49 Pa. Code, Chapter 21, Subchapter F, §§ 21.601--21.607 (number not yet assigned)	Fall 2005, 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).
State Board of Examiners of Nursing Home Administrators Requirements for Admission to Examination 49 Pa. Code § 39.5 (16A-627)	Spring 2006, 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).	Christina Stuckey (717) 783-7155
Biennial Renewal Fees 49 Pa. Code § 39.72 (16A-6210)	Fall 2005, as Proposed.	The regulation increases the biennial renewal fee for all nursing home administrators from $108 to $297. Statutory authority: Section 7.1(a) of the Nursing Home Administrators License Act, 63 P. S. § 1107.1(a).
State Board of Optometry Volunteer License 49 Pa. Code § 23.26 (number not yet assigned)	Spring 2005, 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).	Deborah Smith (717) 783-7155
State Board of Osteopathic Medicine Athletic Trainers 49 Pa. Code, Chap. 16 (16A-5314)	Fall 2005, 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.	Gina Bittner (717) 783-4858
Deletion of Exam Fees 49 Pa. Code §§ 25.223 and 25.231 (16A-5315)	Fall 2005, as Final.	This regulation deletes references to examination fees from the Board's regulations because the national examiners set the fees rather than the Board. Statutory Authority: Section 13.1 of the Osteopathic Medical Practice Act, 63 P. S. § 271.13a.
Subpoenas 49 Pa. Code § 25.292 (16A-5316)	Summer 2005, as Statement of Policy	This statement of policy outlines the circumstances under which an osteopathic physician may comply with a subpoena for medical records and will not be subject to discipline for violating patient confidentiality. Statutory Authority: Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.
Respiratory Care Practitioners 49 Pa. Code, Chapter 25 (16A-5317)	Fall 2005, as Proposed	This proposed regulation will amend the Board's regulations by including continuing education requirements for respiratory therapists. Statutory Authority: Section 10.2(f) of the Osteopathic Medical Practice Act, 63 P. S. § 271.10b(f).
Acupuncture Registration 49 Pa. Code, Chapter 25 (number not yet assigned)	Fall 2005, 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.
Volunteer License 49 Pa. Code, Chapter 25, Subchapter L, §§ 25.601-25.607 (number not yet assigned)	Fall 2005, 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 Technology and Automation 49 Pa. Code, Chapter 27. (16A-5410)	Fall 2005, as Final.	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).	Melanie Zimmerman (717) 783-7156
Drug Therapy and Administration of Injectable Medications, Biologicals and Immunizations 49 Pa. Code, Chapter 27 (16A-5412)	Fall 2005, as Final.	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 2005, as Final.	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).
Biennial Renewal Fees 49 Pa. Code § 27.91 (16A-5414)	Fall 2005, as Final.	This proposed regulation increases the biennial renewal fees for assistant pharmacists, registered pharmacists, and pharmacy permits. Statutory Authority: Sections 3(i), 6(k)(9) and 8.2 of the Pharmacy Act, 63 P. S. §§ 390-3(i); 390-6(k)(9); and 390-8.2.
Supplies and Equipment 49 Pa. Code, Chapter 27 (16A-5415)	Fall 2005, as Proposed.	The regulation would amend existing regulations pertaining to supplies and equipment to eliminate a specific list of supplies and allow pharmacies to keep on hand supplies specific to the pharmacy's area of practice. 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) and (9).
General Revisions 49 Pa. Code, Chapter 27 (16A-5416)	Fall 2005, as Proposed.	The proposed regulation would update the regulations of the Board to delete outdated portions and amend sections to recognize current pharmacy practice. 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) and (9).
Continuing Education 49 Pa. Code § 27.32 (16A-5417)	Spring 2006, as Proposed.	The proposed regulation would clarify the Board's continuing education requirements. Statutory Authority: Section 3.1 of the Pharmacy Act, 63 P. S. § 390-3.1.
State Board of Podiatry Professional Liability Insurance 49 Pa. Code, Chapter 29, §§ 29.52--29.54 (16A-447)	Fall 2005, as Final.	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.	Gina Bittner (717) 783-4858
Sexual Misconduct 49 Pa. Code, Chapter 29 (16A-448)	Fall 2005, 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 Acupuncture 49 Pa. Code, Chapter 29 (16A-449)	Fall 2005, 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 2005, 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 Education Requirements 49 Pa. Code § 41.31 (16A-6313)	Fall 2005, as Final.	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).	Christina Stuckey (717) 783-7155
Qualifications 49 Pa. Code, Chapter 41 (16A-6315)	Winter 2006, as Proposed.	This regulation amends education, experience and examination requirements as well as creates new and amends existing supervisor requirements. Statutory Authority: Sections 3.2(1) and (2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and (2).
Biennial Renewal Fees 49 Pa. Code § 41.12 (16A-6316)	Fall 2005, as Final.	This regulation would increase the biennial renewal fee for licensed psychologists. Statutory Authority: Section 3.3(a) of the Professional Psychologists Practice Act, 63 P. S. § 1203.3(a).
Electronic Transfer of Continuing Education Rosters 49 Pa. Code § 41.59 (16A-6317)	Spring 2006, as Proposed	This regulation would require continuing education sponsors to electronically transfer continuing education rosters to the Board. Statutory Authority: Section 15 of the Professional Psychologists Practice Act, 63 P. S. § 1215.
State Real Estate Commission Reciprocal License 49 Pa. Code, Chapter 35 (16A-5610)	Fall 2005, as Final.	This 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.	Deborah Misheck (717) 783-3658
Seller's Property Disclosure Statement 49 Pa. Code § 33.335a (16A-5611)	Fall 2005, as Final (with Proposed omitted)	This regulation adopts a form ''seller's property disclosure statement'' as required by Act 114 of 2000. Statutory Authority: Section 7304(a) of the Residential Real Estate Transfers Law, 63 P. S. § 7304(a).
Biennial Renewal Fee Increase 49 Pa. Code § 35.203 (16A-5612)	Fall 2005, as Final	This Proposed regulation would increase the biennial renewal fees for Commission licensees beginning June 1, 2006. Statutory Authority: Section 407 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.407.
Education 49 Pa. Code § 35.384, 35.385 (16A-5613)	Winter 2005, as Proposed.	The Proposed Regulation would require new licenses who obtain their licenses after June 1, 2006 to complete a mandatory 14-hour post-licensure course in lieu of their continuing education. Statutory Authority: Sections 404 and 404.1 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.404a.
Schedule of Civil Penalties 49 Pa. Code § 43b.8 (16-32)	Fall 2005, as Final.	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 Continuing Education 49 Pa. Code, Chapter 47 (16A-6912)	Spring 2005, 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).	Cindy Warner (717) 783-1389
Dual Licensing of Substance Abuse Services 49 Pa. Code § 49.17 (16A-697)	Summer 2005, 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 2005, as Final.	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 2005, as Final.	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 2005, 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.
Child Abuse Reporting Requirements 49 Pa. Code, Chapters 48 and 49 (16A-6910)	Fall 2005, as Proposed.	This regulation would extend the mandatory reporting requirements of the Child Protective Services Law (CPSL) to marriage and family therapists and professional counselors. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2) and Section 6383 of the CPSL, 23 Pa.C.S. § 6383.
Standards of Professional Conduct 49 Pa. Code, Chapters 47, 48 and 49 (16A-6911)	Fall 2005, as Proposed.	The regulation would establish a code of ethics and standards of professional conduct for social workers, clinical social workers, marriage and family therapists, and professional counselors licensed by the board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).	Cindy Warner (717) 783-1389
State Board of Examiners in Speech-Language and Hearing Continuing Education 49 Pa. Code, Chapter 45 (16A-6802)	Fall 2005, as Final.	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).	Cindy Warner (717) 783-1389
Assistant Regulations 49 Pa. Code §§ 45.301--308 (16A-6801)	Fall 2005, 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).
State Board of Vehicle Manufacturers, Dealers and Salespersons Protest Procedures 49 Pa. Code, Chapter 19. (16A-608)	Fall 2005, as Final.	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).	Teresa Woodall (717) 783-1697
Act 48 of 1993 Civil Penalties 49 Pa. Code, Chapter 43b (16-32)	Fall 2005, as Final.	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 Certified Veterinary Technician Specialties 49 Pa. Code § 31.38 (16A-5716)	Fall 2005, as Proposed.	This regulation would provide that only an individual certified by a veterinary technology academy recognized by the National Association of Veterinary Technicians may hold himself or herself out as a specialist. Statutory Authority: Section 11 of the Veterinary Medicine Practice Act, 63 P. S. § 485.11.	J. Robert Kline (717) 783-7134
Biennial Renewal Fees 49 Pa. Code § 31.41 (16A-5717)	Fall 2005, as Proposed	This Proposed Regulation would increase the biennial license renewal fee for veterinarians from $225 to $300, and would increase the biennial renewal fee for certified veterinary technicians from $60 to $75. Statutory Authority: Section 13(a) of the Veterinary Medicine Practice Act, 63 P. S. § 485.13(a).

[Continued on next Web Page]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---