[36 Pa.B. 3354]
[Saturday, July 1, 2006]
[Continued from previous Web Page]
Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact REVENUE Construction Contractors
61 Pa. Code, §§ 31.11--31.16 and 46.11--46.17July 2007, 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
717-346-4633Construction Contractors
61 Pa. Code
§§ 31.11, 46.2, 46.3, 46.6 and 46.9July 2007, as final. Chapter 46 Construction Contractors Sales Tax Requirements and Amendment to § 31.11 to avoid duplication of regulations. Douglas Berguson
717-346-4633Prebuilt Housing
June 2006, 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
717-346-4633Realty Transfer Tax Amendments
61 Pa. Code,
Chapter 91July 2007, as final. 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 VIISeptember 2006, 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
717-346-4633Support Offset and Other Personal Income Tax Provisions
March 2007, 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
717-346-4633Pennsylvania Gaming Cash Flow Management
61 Pa. Code §§ 1001.1--1001.11July 2006, as temporary The Department is proposing temporary regulations for Chapter 1001, Pennsylvania Gaming Cash Flow Management in accordance with the Pennsylvania Race Horse Development and Gaming Act 2004 (Act 71). Douglas Berguson
717-346-4633Terminal-based Lottery Games
61 Pa. Code §§ 875.1--875.17May 2006, as final The regulation establishes and details the procedures that will be followed in operating and administering the Terminal-based Lottery Games. Douglas Berguson
717-346-4633Contract Carriers Exemption Certificate-Transfer of Registration § 31.46
December 2006, as proposed This regulatory change will amend certain regulatory provisions for exemption from sales tax for transfer of registration to conform to Federal legislation. Douglas Berguson
717-346-4633SECURITIES COMMISSION Limited offerings
64 Pa. Code
§ 203.041Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Proxy materials
64 Pa. Code
§ 203.151Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman (717) 783-5130Debt securities of nonprofit organizations
64 Pa. Code
§ 203.161Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Registration by coordination
64 Pa. Code
§ 205.021Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Effective period of registration statement
64 Pa. Code
§ 207.101Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130
Required records; report on sales of securities and use of proceeds
64 Pa. Code
§ 209.010Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Retroactive registration of certain investment company securities
64 Pa. Code
§ 210.010Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Surety bonds
64 Pa. Code
§ 303.051Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Rescission offers
64 Pa. Code
§ 504.060Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Denial for abandonment
64 Pa. Code
§ 602.022Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Filing requirements
64 Pa. Code
§ 603.011Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Interim guidelines for the registration of associated persons--statement of policy
64 Pa. Code
§ 604.013Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130
Interim guidelines for the qualification and examination of associated persons --statement of policy
64 Pa. Code
§ 604.014Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Interim guidelines for the effectiveness of registration of associated persons --statement of policy
64 Pa. Code
§ 604.015Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Guidelines for Waivers of Uniform Securities Agent State Law Examination (Series 63), Uniform Investment Adviser Law Examination (Series 65) and General Securities Representative Non-Member Examination
(Series 2)--statement of policy
64 Pa. Code
§ 604.016Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Broker-dealers, investment advisers, broker-dealer agents and investment adviser representatives using the Internet for general dissemination of information on products and services--statement of policy
64 Pa. Code
§ 604.020Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Use of prospective financials statements
64 Pa. Code
§ 609.010Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Accountants
64 Pa. Code
§ 609.033Proposed Rulemaking
Fall 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130Takeover offer or report regarding participating broker-dealers
64 Pa. Code
§ 1001.010Proposed Rulemaking
May 2006The Commission plans to amend this regulation to update its provisions. Michael J. Byrne
(717) 783-5130
Stacie D. Gorman
(717) 783-5130STATE
Bureau of Commissions, Elections and Legislation
-Alteration of Local Election Districts-
4 Pa. Code § 184
(16-36)Summer 2006, as Proposed. The regulation would address the statutory requirements relating to local redistricting in Article V of the Election Code, 25 P. S. §§ 2701--2750. Statutory Authority: Section 2750 of the Election Code, 25 P. S. § 2570, which authorizes the Secretary of the Commonwealth to promulgate regulations relating to Election District Alteration and Data Reporting. L. Lawrence Boyle
(717) 783-1657State Board of Accountancy Penny Walker
(717) 783-1404-General Revisions-
49 Pa. Code,
Chapter 11.
(16A-559)Fall 2006, 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. -Continuing Education-
49 Pa. Code §§ 11.61--11.69a
(16A-5511)Fall 2006, as Proposed. The regulation would amend continuing professional education requirements for licensed certified public accountants and public accountants. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3. State Architects Licensure Board Penny Walker
(717) 783-3397-Architect Registration Examination Requirements-
49 Pa. Code § 9.45(b)
(16A-419)Fall 2006, as Proposed. This regulation would adopt a 5-year ''rolling clock'' requirement that applicants pass all divisions of the Architect Registration Examination within a rolling 5-year period. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law, 63 P. S. § 34.6(a) and (d). -Schedule of Civil Penalties-
49 Pa. Code
§ 43b.11a.
(16-32)Fall 2006, as Final. 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 Board of Barber Examiners Hilarene Staller
(717) 783-3402-Student Work and Curriculum-
49 Pa. Code,
Chapter 3
(16A-427)Fall 2006, as Proposed The regulation would amend the current regulations to allow for part-time attendance at barber schools; to allow for transfer of hours between a barber shop and a barber school or between barber shops regardless of whether the shop or school is in-state or out-of-state; to require shop owners and schools to submit a quarterly report of student hours to the Board; and to require a shop owner, or a shop owner's designee, to notify the Board of each student to be trained in the shop. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b). -Schedule of Civil Penalties-
49 Pa. Code § 43b.4
(16-32)Fall 2006, 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). State Board of Certified Real Estate Appraisers Michelle Smey
(717) 783-4866-General Revisions-
49 Pa. Code,
Chapter 36.
(16A-7014)Summer 2006, 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. State Board of Chiropractic Deborah Smith
(717) 783-7155-Chiropractic specialties-
49 Pa. Code Ch. 5 (16A-4312)Fall 2006, 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 2006, 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 2006, as Proposed. This regulation is required to conform the regulations to 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, and 43b.9 and 43b.11a
(16-32)Fall 2006, as Final. The regulation would amend the schedules of civil penalties for the State Architects Licensure Board, 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). Corporations Bureau Martha Brown (717) 787-6802 -UCC Revised
Article 9-
(16-35)Fall 2006, 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. State Board of Cosmetology Hilarene Staller
(717) 783-7130-Accreditation of cosmetology schools- 49 Pa. Code
§§ 7.111 and 7.113a (16A-4511)Fall 2006, as Final. 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. -Removal of term ''manager''-
49 Pa. Code,
Chapter 7
(16A-4513)Fall 2006, as Final. This regulation amends Chapter 7 to delete all references to the manager's license, which was eliminated by Act 98 of 2002. Statutory Authority: Section 11 of the Beauty Culture Law, 63 P. S. § 517 . State Board of Dentistry Lisa Burns
(717) 783-7162-Expanded Function Dental Assistants' Curriculum Requirements-
49 Pa. Code,
Chapter 33 (16A-4616)Fall 2006, 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). -Administration of Local Anesthesia by Dental Hygienists-
49 Pa. Code,
Chapter 33
(16A- 4617)Spring 2006, 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). -Dental Hygienists Scope of Practice-
49 Pa. Code,
Chapter 33
(16A- 4617)Fall 2006, as Proposed. This regulation is intended to update and amend the scope of practice of dental hygienists to conform to modern dental practices and 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 2006, 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 2006, 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 Professional Engineers, Land Surveyors and Geologists Terrie Kocher
(717) 783-7049-General Revisions- 49 Pa. Code,
Chapter 37
(number not yet assigned)Fall 2006, as Proposed. The regulation would clarify education and experience requirements for regular and grandfathered candidates for examination and licensure; revise categories of acceptable professional references for candidates; update the branches of engineering for which license examinations are offered; prescribe standards relating to the use of an electronic seal and signature; clarify criteria for approval of fictitious and corporate names that use variations of professional titles; eliminate unnecessary administrative requirements; and make editorial changes. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151. State Board of Funeral Directors Michelle Smey
(717) 783-3397-Professional Misconduct- 49 Pa. Code §§ 13.201, 13.202. (16A-4814) Fall 2006, 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). -General Revisions- 49 Pa. Code,
Chap. 13
(number not yet assigned)Fall 2006, 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). -Forms Review-
49 Pa. Code §§ 13.204 and 13.244 (16A-4813)Fall 2006, 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 2006, 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 Terrie Kocher
(717) 772-8528-General Revisions-
49 Pa. Code,
Chapter 15.
(16A-618)Summer 2006, 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). State Board of Medicine Tammy Radel (717) 783-1400 -Athletic Trainers-
49 Pa. Code,
Chap. 16
(16A-4915)Fall 2006, as Final. This joint regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (formerly regulated by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001. -Acupuncture Registration-
49 Pa. Code,
Chapter 18, §§ 18.11--18.19
(16A-4919)Fall 2006, as Final. This 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 2006, as Final. 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. -Respiratory Care Practitioners Continuing Education-
49 Pa. Code,
Chapter 18,
Subchapter F.
(16A-4921)Summer 2006, as Final. 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 2006, as Proposed. This regulation is required to amend the current regulations regarding volunteer licenses to conform to 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-LPN/IV Therapy-
49 Pa. Code § 21.145
(16A-5122)Fall 2006, as Proposed This regulation addresses the LPN's role in working with peripherally inserted central catheters (PICC 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 2006, 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 2006, 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. -Fees for CRNP Continuing Education Course Approval-
49 Pa. Code,
Chapter 21
(16A-5128)Fall 2006, as Proposed. This regulation would establish a fee for the approval of CRNP continuing education courses. Statutory Authority: Sections 8.1(c) and 11.2(a) and (d) of the Professional Nursing Law, 63 P. S. §§ 218.1(c), 221.2(a) and (d). -Nursing Programs and Faculty Requirements-
49 Pa. Code,
Chapter 21
(16A-5129)Fall 2006, as Proposed. This regulation updates the Board's regulations relating to nursing education programs as part of a systematic review of the professional nursing regulations undertaken by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). -Volunteer License-
49 Pa. Code,
Chapter 21,
Subchapter F,
§§ 21.601--21.607.
(number not yet assigned)Fall 2006, as Proposed. This regulation is required to amend the 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 Chris Stuckey
(717) 783-7155-Administrator-In-
Training-
49 Pa. Code,
Chapter 39
(16A-627)Fall 2006, as Proposed. This regulation would create an alternative method for obtaining experience and training prior to admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c). State Board of Occupational Therapy Education and Licensure Chris Stuckey
(717) 783-1389-Orders-
49 Pa. Code § 42.25
(16A-676)Fall 2006, as Proposed. This regulation would authorize an occupational therapist to receive an oral order when it is impracticable to receive a written order. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b). State Board of Optometry Deborah Smith
(717) 783-7155-Volunteer License-
49 Pa. Code § 23.26
(number not yet assigned)Fall 2006, 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-Athletic Trainers-
49 Pa. Code,
Chap. 16
(16A-5314)Fall 2006, as Final This joint regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (formerly regulated by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001. -Respiratory Care Practitioners-
49 Pa. Code,
Chapter 25
(16A-5317)Fall 2006, as Final This 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). -Volunteer License-
49 Pa. Code,
Chapter 25,
Subchapter L,
§§ 25.601--25.607.
(number not yet assigned) .Fall 2006, 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-Supplies and Equipment-
49 Pa. Code,
Chapter 27
(16A-5415)Fall 2006, 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 2006, 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)Fall 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. -Syringes and Needles-
49 Pa. Code,
Chapter 27
(16A-5418)Fall 2006, as Proposed. This regulation would amend existing regulations to eliminate the requirement for a prescription prior to dispensing needles and syringes by a pharmacist. Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j) and 390-6(k)(1) and (9). -Pharmacist Breaks-
49 Pa. Code
Chapter 27
(16A-5419)Fall 2006, as Proposed. This regulation would permit a sole pharmacist on duty to take up to a thirty-minute break while the pharmacy remains open. 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). State Board of Physical Therapy J. Robert Kline
(717) 783-7134-Biennial Renewal Fees-
49 Pa. Code § 40.5
(16A-6511)Fall 2006, as Proposed. This regulation would increase the biennial renewal fees for physical therapists, physical therapy assistants and certificate holders. Statutory Authority: Section 8(b) of the Physical Therapy Practice Act, 63 P. S. § 1308(b). State Board of Podiatry Gina Bittner
(717) 783-4858-Certificate of Authority to Perform Acupuncture-
49 Pa. Code,
Chapter 29
(16A-449)Fall 2006, as Proposed. This regulation is required to establish the fees and regulate the practice of acupuncture by podiatrists 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 2006, 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 15 of the Podiatry Practice Act, 63 P. S. § 42.15. State Board of Psychology Chris Stuckey
(717) 783-7155-Qualifications-
49 Pa. Code,
Chapter 41
(16A-6315)Fall 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). -Electronic Transfer of Continuing Education Rosters-
49 Pa. Code § 41.59
(16A-6317)Spring 2007, 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. -Code of Ethics-
49 Pa. Code § 41.61
(16A-6318)Fall 2006, as Proposed This regulation would update the Board's Code of Ethics so that it would be in line with changes to the American Psychological Association and the Association of State and Provincial Psychology Boards. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2). State Real Estate Commission Deborah Misheck
(717) 783-3658-Seller's Property Disclosure Statement-
49 Pa. Code § 33.335a
(16A-5611)Summer 2006, as Final (with Proposed rulemaking 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). -Education-
49 Pa. Code
§ 35.384, 35.385.
(16A-5613)Winter 2006-2007, as Proposed. The Proposed Regulation would require new licensees 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. -Consumer Notice-
49 Pa. Code § 35.336
(16A-5614)Fall 2006, as Proposed. This regulation would shorten and simplify the Consumer Notice mandated by section 608 of the Real Estate Licensing and Registration Act. Statutory Authority: 63 P. S. § 455.608. -Schedule of Civil Penalties-
49 Pa. Code § 43b.8
(16-32)Fall 2006, 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 Sandra Matter
(717) 783-1389-Continuing Education-
49 Pa. Code,
Chapter 47
(16A-6912)Fall 2006, as Final. 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). -Sexual Misconduct-
49 Pa. Code
§§ 50.20--50.25.
(16A-691)Summer 2006, 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). -Technical Amendments-
49 Pa. Code
§§ 47.1 and 47.1a.
(16A-699)Fall 2006, as Final. 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 2006, as Final. 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 2006, 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). State Board of Examiners in Speech -Language and Hearing Sandra Matter
(717) 783-1389-Assistant Regulations-
49 Pa. Code §§ 45.301--308.
(16A-6801)Fall 2006, 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). -Standards of Practice and Conduct-
49 Pa. Code § 45.103
(number not yet assigned)Fall 2006, as Proposed. This regulation would provide the Board with an enforcement mechanism to compel a mental or physical exam where there is probable cause to believe a licensee is unable to practice with reasonable skill and safety because of illness, drunkenness, excessive use of controlled substances, chemicals or other materials or as a result of a physical or mental condition. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2). State Board of Vehicle Manufacturers, Dealers and Salespersons Pamela Marsden
(717) 783-1697-Salesperson License-
49 Pa. Code,
Chapter 19
(16A-609)Fall 2006, as Proposed. The Board of Vehicles Act requires every person who is engaged in the buying, selling or exchanging of vehicles for a commission, compensation or other consideration, to be a licensed salesperson on behalf of a dealer, unless that person is the dealer. This regulation would clarify that the reference to ''dealer'' in the phrase ''unless that person is the dealer'' refers only to a person holding a dealer license as a sole proprietor. 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.9
(16-32)Fall 2006, 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 J. Robert Kline
(717) 783-7134-Certified Veterinary Technician Specialties-
49 Pa. Code § 31.38.
(16A-5716)Fall 2006, as Final. 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. -Biennial Renewal Fees-
49 Pa. Code § 31.41
(16A-5717)Summer 2006, as Final. This 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). -Veterinary Dentistry-
49 Pa. Code,
Chapter 31
(16A-5718)Spring 2007, as Proposed. This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5. -Record Keeping-
49 Pa. Code,
Chapter 31
(16A-5719)Fall 2006, as Proposed This regulation would establish standards for veterinary medical records. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5. -Facilities-
49 Pa. Code,
Chapter 31
(16A-5720)Spring 2007, as Proposed. This regulation would establish standards for and require registration of veterinary facilities. Statutory Authority: Sections 5 and 27 of the Veterinary Medicine Practice Act, 63 P. S. §§ 485.5 and 485.27. -Professional Conduct-
49 Pa. Code,
Chapter 31
(16A-5721)Fall 2006, as Proposed. This regulation would clarify the types of conduct that constitutes unprofessional conduct which may lead to disciplinary action under section 21(1) of the Veterinary Medicine Practice Act. Statutory Authority: Sections 5 and 21 of the Veterinary Medicine Practice Act, 63 P. S. §§ 485.5 and 485.21.
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