[37 Pa.B. 3038]
[Saturday, June 30, 2007]
[Continued from previous Web Page]
Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact PUBLIC WELFARE Administration of County Children and Youth Programs
55 Pa. Code
Chapter 3130December 2007, as proposed. This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include permanency hearings and the matters to be determined, requirements related to reasonable efforts including aggravated circumstances contrary to the welfare and best interests and redefining permanency goals for children. Ruth O'Brien
(717) 783-2800Administration and Operation of a Children and Youth Social Services Agency
55 Pa. Code
Chapter 3680December 2007, as proposed. This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and non-custodial parents and between siblings; concurrent planning; improving permanency outcomes for children; and preserving connections with family and community for children placed out of the home. Ruth O'Brien
(717) 783-2800Food Stamp Disqualification Penalties
55 Pa. Code
Chapter 501October 2007, as proposed. This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from 6 months to 1 year for the first violation and from 1 year to 2 years for the second violation. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Family Violence Option
55 Pa. Code
Chapter 108February 2008, as proposed. This regulation codifies the provision in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, establish service plans, provide universal notification and make appropriate referrals to social service agencies. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Medical Assistance Changes
(MAC)
55 Pa. Code
Chapters 133, 140, 141, 178 and 181April 2008, as proposed. This regulation incorporates eligibility requirements for Temporary Assistance for Needy Families (TANF)-related, Supplemental Security Income (SSI)-related and General Assistance (GA)-related Medicaid. Some of the major changes include revisions to: 1) the application and redetermination process; 2) the qualification requirements and eligibility rules for Healthy Beginnings; 3) the income eligibility methodologies for TANF-related categories of Medicaid; 4) the income and resource requirements for the Medicaid Program; 5) Extended Medical Coverage to include provisions as set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); 6) the GA-related Nonmoney Payment (NMP) and Medically Needy Only (MNO) eligibility criteria as set forth in Act 35; and 7) the qualifying criteria for TANF-related categories to include a new eligibility group as set forth in § 1931 of the Social Security Act. Ruth O'Brien
(717) 783-2800Payment for Burial and Cremation
55 Pa. Code
Chapters 283, 285October 2007 as proposed. The proposed rulemaking increases the maximum payment to funeral directors for burial or cremation services to a standard $750 for all eligible individuals. This rulemaking also increases maximum level of contributions that may be made by another agency or individual towards burial expenses without reducing the Department payment. This amount is increased from $180 to $750. Additionally, this proposed rulemaking eliminates several restrictive requirements for burial, thus allowing families and funeral directors more flexibility and choice in planning and selecting burial goods and services. Ruth O'Brien
(717) 783-2800Revisions to Special Allowances for Supportive Services
55 Pa. Code
Chapter 165December 2007 as proposed. The purpose of this proposed regulation is to ensure adequate and consistent availability and distribution of special allowances. These special allowances are for supportive services to recipients of cash assistance who are engaged or intend to engage in employment and training activities approved by the Department. Ruth O'Brien
(717) 783-2800Deficit Reduction Act of 2005 (TANF Reauthorization)
55 Pa. Code
Chapter 165July 2007 as proposed. The purpose of this proposed regulation is to incorporate revised policies for work participation according to Federal statutes and regulations. Ruth O'Brien
(717) 783-2800Deficit Reduction Act of 2005
(Long Term Care Eligibility Requirements)
55 Pa. Code
Chapter 178March 2008, as proposed. This regulation incorporates changes to the eligibility requirements for payment of Long Term Care (LTC) services identified in the Deficit Reduction Act of 2005. Major changes include revisions to the determination of periods of ineligibility for payment of LTC services due to transfers of assets for less than fair market value (FMV), a new eligibility criterion regarding an individual's equity value in his/her home, revision to the spousal impoverishment procedures regarding resource eligibility of a married individual, and implementation of a formal undue hardship process for those individuals denied eligibility for payment of LTC services due to a transfer of assets for less than FMV or because of substantial home equity. Ruth O'Brien
(717) 783-2800Deficit Reduction Act of 2005
(Citizenship and Identity requirements for Medicaid)
55 Pa. Code
Chapters 125, 141, 150 and 201February 2008, as proposed. The purpose of this regulation is to incorporate revised policies relating to citizenship and identity mandated by the Federal Deficit Reduction Act of 2005 for individuals who are applying and being reviewed for continuing Medicaid. Ruth O'Brien
(717) 783-2800Early and Periodic Screening Diagnosis Treatment (EPSDT)
55 Pa. Code
Chapters 1101, 1121, 1123, 1147, 1241March 2008, as proposed. This regulation relating to services provided as a follow-up to an EPSDT visit or encounter that are not currently recognized under the approved Medical Assistance State Plan. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Medical Assistance Case Management Services
55 Pa. Code
Chapter 1239March 2008, as proposed . This regulation codifies payment for medically necessary case management services as mandated by Omnibus Budget Reconciliation Act '89 to Medical Assistance recipients under the age of 21. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800OMNIBUS Pharmacy
55 Pa. Code
Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243December 2007, as final-omitted. This final regulation codifies Act 1994-49 provisions that discontinue payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994. This regulation also provides that the medical assistance program provides drug coverage to medically needy only recipients receiving nursing facility services. This includes medically needy only recipients who reside in nursing facilities and intermediate care facilities/mental retardation (ICF/MR). This regulation was reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Physician Assistant/Midwife
55 Pa. Code
Chapter 1141June 2008, as final-omitted. This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Discontinuance of the Mandatory Second Opinion Program
55 Pa. Code
Chapter 1150June 2008, as final-omitted. This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Capital Component Payment for Replacement Beds
55 Pa. Code
Chapter 1187July 2008, as proposed. This regulation codifies the policy as set forth in the Statement of Policy published at 27 Pa. B. 6238 (November 29, 1997). This regulation will specify the conditions under which the Department will recognize nursing facility beds as replacement beds for purposes of making capital component payments for those beds. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800New Definition of ''Emergency Medical Condition''
55 Pa. Code
Chapters 1101, 1141, 1150, 1221April 2008, as proposed. This regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Definition of Medically Necessary
55 Pa. Code
Chapter 1101December 2007, as proposed. This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation was reviewed on 9/21/01 by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Tobacco Cessation and Nutritional Supplements
55 Pa. Code
Chapter 1121December 2007, as final-omitted. This final regulation will provide coverage under the Medical Assistance Program for tobacco cessation products and counseling services and will extend coverage for nutritional supplements to eligible Medical Assistance recipients 21 years of age and older. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Dental Services
55 Pa. Code
Chapter 1149December 2007, as final-omitted. This final regulation will provide coverage for crown core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Preadmission Requirements for Nursing Facility Services
55 Pa. Code
Chapter 1187August 2007, as final. This regulation will require nursing facilities to have all individuals applying for nursing facility services, evaluated by the Department or an independent assessor if it is likely that the applicant will use Medical Assistance as a payer source within 12 months of admission. The purpose of this regulation is to allow an individual to remain in the community by delaying or eliminating the need for admission to a nursing facility. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Changes to Nursing Facility Rate Setting System
55 Pa. Code
Chapter 1187June 2008, as final-omitted. This regulation will support the balancing of long term care by encouraging the continued trend of having nursing facilities serve higher acuity MA recipients, encouraging right sized facilities and decreased reliance on MA payments. Further objectives of this regulation will be to provide greater predictability in rate setting, reduce the number of appeals and incorporate performance standards/incentives to encourage cost effective and high quality care in the most appropriate setting. Ruth O'Brien
(717) 783-2800Medical Assistance Copayment Changes
55 Pa. Code
Chapter 1101September 2008, as final-omitted. This regulation will codify new MA copayment exclusions mandated by the Federal Deficit Reduction Act (DRA) of 2005, and reduce the copayment for brand name drugs identified as preferred on the Department's Preferred Drug List (PDL) as authorized under the DRA. This regulation will be reviewed by the Medical Assistance Advisory Committee (MAAC). Ruth O'Brien
(717) 783-2800Third Party Liability Programs
55 Pa. Code
Chapter 259September 2007, as proposed. Section 1902(a)(25) of the Social Security Act (42 U.S.C. § 1396a(a)(25)) requires the Department to develop and implement a TPL program to ensure that Medicaid is the payor of last resort. Section 1906 of the Social Security Act (42 U.S.C. § 1396(e)) authorizes the Department to have a special program to enroll certain MA recipients into group health insurance. Both the general TPL program and the special group health insurance program have been in operation in Pennsylvania for a number of years. During this period of operation, questions have arisen as to interpretation and procedures under the Federal and state's statutes. This proposed regulation is needed to supply guidance with respect to issues not directly addressed by the Federal and state statutes, to resolve ambiguities and to fill gaps in the state statutory language. Ruth O'Brien
(717) 783-2800Licensure and Approval Appeal Procedures
55 Pa. Code
Various ChaptersDecember 2007, as final-form. This regulation replaces the uncodified regulation at 7 Pa.B. 3266 with the General Rules of Administrative Practice and Procedure (1 Pa. Code Chapters 31--35) for all facilities and agencies certified by the Department. Ruth O'Brien
(717) 783-2800Third Party Liability Programs Changes
55 Pa. Code
Chapter 258October 2008, as proposed . This regulation will incorporate additions and changes to the estate recovery program regulation that was codified in February 2003. The changes reflect modification and additions identified since implementation. These include additional and clarified definitions; inclusion of language regarding the Long Term Care Partnership; modification of the Department's priority of claim based on a change to 20 Pa.C.S. § 3392 relating to classification and order of payment; and clarifications regarding undue hardship waivers, postponement of collection and computation of claim. Ruth O'Brien
(717) 783-2800Family-Based Mental Health Service Providers
55 Pa. Code
Chapter 5260April 2008, as proposed. This proposed regulation would establish requirements for the delivery of services, and payment of family-based mental health services for children and adolescents. Ruth O'Brien
(717) 783-2800Residential Treatment Facilities (RTF) for Mental Health Services
55 Pa. Code
Chapters 31, 1157, 1165February 2008, as proposed. This regulation codifies coverage for mental health services to children under 21 years of age that are provided in a residential treatment facility. This regulation was reviewed by the Medical Assistance Advisory Committee (MAAC) on 3/28/02 and again to the MAAC as well as other interested stakeholders on 4/20/06. The comments and revised regulations are under review by the Department. Ruth O'Brien
(717) 783-2800Outpatient Drug and Alcohol Clinic Services
55 Pa. Code
Chapter 1223November 2008, as proposed. This proposed regulation is needed to maintain consistency with the Department of Health's licensing definition and align regulations with current Federal and State licensing requirements and current treatment trends. Ruth O'Brien
(717) 783-2800Intermediate Care Facilities for the Mentally Retarded
55 Pa. Code
Chapter 6650August 2007, as proposed. This regulation applies to private and public residential facilities receiving monies for intermediate care facilities for the mentally retarded (ICFs/MR) or intermediate care facilities for persons with other related conditions (ICFs/ORC). This regulation will include facility capacity, facility expansion, new ICF/MR development, conversion of state funded programs to ICF/MR, conversion of existing ICF/MR to the Medicaid Consolidated Waiver program, medication administration, medication administration training, self-administration of medications and medication log. Ruth O'Brien
(717) 783-2800Individual Support Plans
55 Pa. Code
Chapters 2380, 2390, 6400, 6500May 2008, as proposed. This regulation will amend the current Individual Program Plan/Individual Written Program Plan regulations to reflect current practices and requirements related to Individual Support Plans. Ruth O'Brien
(717) 783-2800Child Care Facilities
55 Pa. Code
Chapters 3270, 3280, 3290, 3300December, 2007 as final-form. The purpose of the proposed rulemaking is to update the minimum standards for child care facilities. The regulations need to be updated to reference the current laws that directly impact on the operation of child care facilities, to incorporate the Department's statements of policy issued since 1992, to implement changes in recommended health and safety practices, to clarify regulations and to reflect best practice in the field of child care. Ruth O'Brien
(717) 783-2800REVENUE Construction Contractors
61 Pa. Code,
§§ 31.11--31.16 and 46.11--46.17December 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) 346-4633Realty Transfer Tax Amendments
61 Pa. Code,
Chapter 91September 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) 346-4633Support Offset and Other Personal Income Tax Provisions
September 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 2007, as final. The Department is proposing ''permanent'' 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) 346-4633Amendments to Chapter 117. Return and Payment of Tax
September, 2007, as proposed. The proposed regulation will amend § 117.9 and add § 117.9b to reflect the Department's policy regarding the form of Pennsylvania Personal Income Tax returns. In addition, the regulation will provide clear instructions for taxpayers regarding reporting requirements. Douglas Berguson
(717) 346-4633SECURITIES 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
(16--36)
--Lobbying Disclosure
51 Pa. Code
(16--40)Fall 2007, as Proposed.
Spring 2007, 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.
This proposed rulemaking is required to implement the Lobbying Disclosure Act, Act 134 of 2006, which requires the Lobbying Disclosure Committee to deliver proposed regulations implementing the provisions of Act 134 within 180 days. Statutory Authority: Section 1310-A of the Lobbying Disclosure Act, Act 134 of 2006.L. Lawrence Boyle
(717) 783-1657Bureau of Professional and Occupational Affairs
--Schedule of Civil Penalties (Nurses)
49 Pa. Code
§ 43b.18
(16--38)
--Schedule of Civil Penalties (Veterinarians and Veterinary Technicians)
49 Pa. Code
§ 43b.21
(16--39)
--Recording Devices
49 Pa. Code,
§§ 43b.101--43b.102
(number not yet assigned)
Winter 2007/2008, as Final.
Summer 2007, as Statement of Policy.
Fall 2007, as Proposed.
The regulations would amend the civil penalty schedule for the State Board of Nursing by adding civil penalties for violation of the continuing education regulations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
The statement of policy would implement Act 48 civil penalty schedules for certain violations of the Veterinary Medicine Practice Act and the regulations of the State Board of Veterinary Medicine. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
The regulation would provide rules for the use of electronic (audio and visual) recording devices during meetings of the boards and commissions within the Department of State for which the Bureau of Professional and Occupational Affairs provides administrative support. Statutory Authority: Sections 710 and 711 of the Sunshine Act, Act of October 15, 1998 (P. L. 179, No. 93) authorizes the adoption of rules and regulations governing the use of recording devices in public meetings.
Cynthia K. Montgomery
(717) 783-7200
Thomas A. Blackburn
(717) 783-7200State Board of Accountancy
--Continuing Education
49 Pa. Code
§§ 11.61--11.69a
(16A-5511)
--Biennial Renewal Fees
49 Pa. Code
§ 11.4
(16A-5512)
Fall 2007, as Proposed.
Summer 2007, 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.
This proposed rulemaking would increase the biennial renewal fees for certified public accountants, public accountants, public accounting firms and continuing education program sponsors. Statutory Authority: Section 6 of the C.P.A. Law, 63 P. S. § 9.6.
Kristopher Adams
(717) 783-1404State Architects Licensure Board
--Architect Registration Examination Requirements
49 Pa. Code
§ 9.45(b)
(16A-419)Fall 2007, as Proposed. This regulation would adopt a 5-year ''rolling clock'' requirement so that applicants would be required to 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). Penny Walker
(717) 783-3397State Athletic Association
--Communicable Disease Testing
58 Pa. Code
§ 21.8
(16-37)Fall 2007, as Proposed. This regulation would alter the Commission's current regulations that authorize the testing of boxers for communicable diseases to require such testing no more than 6 months prior to the date of the application for licensure. Statutory Authority: Sections 103(b) and 501 of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 501, authorize the Commission to promulgate regulations implementing changes to the health and safety rules as recommended by the Medical Advisory Board. Greg Sirb
(717) 787-5720State Board of Barber Examiners
--Student Records and Curriculum-
49 Pa. Code,
Chapter 3
(16A-427)Fall 2007, as Proposed. This 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; 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). Hillarene Staller
(717) 783-3402State Board of Chiropractic
--Chiropractic specialties
49 Pa. Code Ch. 5
(16A-4312)
--Patient records
49 Pa. Code § 5.51
(16A-4313)
--Reactivation of Lapsed Licenses
49 Pa. Code § 5.17
(16A-4314)
--Volunteer license
49 Pa. Code § 5.20
(number not yet assigned)
Fall 2007, as Proposed.
Fall 2007, as Final.
Fall 2007, as Proposed.
Fall 2007, as Final (Proposed-
omitted).
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).
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).
This regulation will update the Board's requirement that a licensee whose license has been inactive for more than 5 years demonstrate current competence in order to reactivate the licensee's license. Statutory Authority: Sections 302(3) and 501(b) of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3) and 625.501(b).
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.
Deborah Smith
(717) 783-7155Corporation Bureau
--UCC Revised
Article 9
(16-35)Fall 2007, 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) 787-6802State Board of Cosmetology
--General Revisions
49 Pa. Code
Chapter 7
(16A-4514)Fall 2007, as Proposed. This regulation would implement the omnibus amendments to the Beauty Culture Law provided by Act 99 of 2006. Statutory authority: Section 16 of Act 99 requires the Board to promulgate regulations within 18 months of its effective date (September 5, 2006). Hillarene Staller
(717) 783-7130State Board of Dentistry
--EFDA Program Approval
49 Pa. Code,
Chapter 33
(16A-4616)
--Dental Hygienists Scope of Practice/Local Anesthesia
49 Pa. Code,
Chapter 33
(16A-4617)
--Sexual Misconduct
49 Pa. Code,
Chapter 33
(16A-4618)
--Volunteer license
49 Pa. Code
§ 33.110
(number not yet assigned)
Fall 2007, as Proposed.
Fall 2007, as Proposed.
Fall 2007, as Final.
Fall 2007, as Final (Proposed-
omitted).
This regulation is intended to establish criteria for Board approval of education programs for expanded function dental assistants. Statutory Authority: Section 3(a) of the Dental Law, 63 P. S. § 122(a).
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).
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).
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).
Lisa Burns
(717) 783-7162State Registration Board for Professional Engineers, Land Surveyors and Geologists
--General Revisions
49 Pa. Code,
Chapter 37
(number not yet assigned)Winter 2007-2008, 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. Terrie Kocher
(717) 783-7049State Board of Funeral Directors
--Forms Review
49 Pa. Code
§§ 13.204 and 13.244
(16A-4813)
--Preneed Funeral Arrangements
49 Pa. Code,
Chapter 13 (16A-4815)
--Preneed Activities of Unlicensed Employee
49 Pa. Code,
Chapter 13
(16A-4816)
--Renewal Fee
49 Pa. Code § 13.12
(16A-4817)
Fall 2007, as Final.
Fall 2007, as Proposed.
Fall 2007, as Proposed.
Fall 2007, as Final.
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).
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).
The regulation would clarify what conduct by an unlicensed individual is permitted, as strongly urged by the court in Walker v. Flitton, 364 F.Supp.2d 503 (U.S.D.C. M.D. Pa. 2005). Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a).
The proposed rulemaking would increase the biennial renewal fee for licensed funeral directors. Statutory Authority: Section 18.1 of the Funeral Director Law, 63 P. S. § 479.18.1.
Heidi Weirich
(717) 783-3397State Board of Medicine
--Qualifications of Expert Witnesses
49 Pa. Code § 16.52
(16A-4923)
--Acupuncture
49 Pa. Code § 18.15
(16A-4924)
--Volunteer License
49 Pa. Code § 16.18
(number not yet assigned)
Fall 2007, as Proposed.
Winter 2007-2008, as Proposed.
Fall 2007, as Final (Proposed-
omitted).
This proposed regulation will adopt the criteria for qualification as an expert established by section 512 of the Mcare Act for all proceedings before the Board. Statutory Authority: Sections 8 and 9 of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.9.
This proposed rulemaking amends the Board's existing acupuncture regulations so they comport with Act 186 of 2006, which amends the Acupuncture Registration Act (63 P. S. §§ 1801--1806) by authorizing acupuncturists to treat patients for up to 60 calendar days without first obtaining a referral from a physician. Statutory Authority: Sections 3 and 3.1 of the Acupuncture Registration Act, 63 P. S. §§ 1803 and 1803.1.
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.
Tammy Radel
(717) 783-1400State Board of Nursing
--LPN / IV Therapy
49 Pa. Code § 21.145
(16A-5122)
--RN and LPN Program Examination Pass Rates
49 Pa. Code,
Chapter 21
(16A-5123)
--CRNP General Revisions
49 Pa. Code,
Chapter 21,
Subchapter C
(16A-5124)
--Fees for CRNP Continuing Education Course Approval
49 Pa. Code,
Chapter 21
(16A-5128)
--Nursing Programs and Faculty Requirements
49 Pa. Code,
Chapter 21
(16A-5129)
--Continuing Education for RNs
49 Pa. Code,
Chapter 21
(16A-5130)
Winter 2007-2008, as proposed.
Winter 2007-2008, as proposed.
Fall 2007, as proposed.
Fall 2007, as final.
Winter 2007-2008, as proposed.
Fall 2007, as final.
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.
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.
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.
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).
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).
The proposed regulation is required to implement the continuing education requirements mandated by Act 58 of 2006. Statutory authority: Section 12 of the Professional Nursing Law, 63 P. S. § 222.
Ann Steffanic
(717) 783-7142State Board of Nursing (cont'd)
--Schedule of Civil Penalties--Nurses
49 Pa. Code § 43b.18
(16-38)
--Faculty Requirements for Nursing Education Programs
49 Pa. Code §§ 21.71 and 21.72
(16A-5131)
--Administration of Conscious Sedation Medications
49 Pa. Code,
Chapter 21
(number not yet assigned)
--Volunteer License
49 Pa. Code,
Chapter 21,
Subchapter F, §§ 21.601--21.607.
(number not yet assigned)
Fall 2007, as final.
Fall 2007, as proposed.
Winter 2007-2008, as proposed.
Fall 2007, as final (proposed-
omitted).
The regulations would amend the civil penalty schedule for the State Board of Nursing by adding civil penalties for violation of the continuing education regulations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
This proposed rulemaking would amend the Board's regulations relating to faculty requirements in order to expand the pool of qualified faculty, faculty assistants and allied faculty for nursing education programs. Statutory authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1, provides the Board the authority to establish standards for the operation and approval of nursing education programs.
The proposed regulation would provide standards for registered nurses in the administration of conscious sedation medications. Statutory authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
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).
Ann Steffanic
(717) 783-7142State Board of Examiners of Nursing Home Administrators
--Administrator-In-
Training
49 Pa. Code,
Chapter 39
(16A-627)
Fall 2007, as final.
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).
Chris Stuckey
(717) 783-7155State Board of Occupational Therapy Education and Licensure
--Orders
49 Pa. Code § 42.25
(16A-676)
--Continuing Competency
49 Pa. Code §§ 42.50--42.58
(16A-677)
Summer 2007, as final.
Fall 2007, as roposed.
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).
The proposed rulemaking will implement section 15(a) of the Occupational Therapy Practice Act, 63p P. S. § 1515(a), which authorizes the board to establish additional requirements for the license renewal designed to assure continued competency. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).
Chris Stuckey
(717) 783-1389State Board of Optometry
--Volunteer License
49 Pa. Code § 23.26
(number not yet assigned)
Fall 2007, as final (Proposed-
omitted).
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) 783-7155State Board of Osteopathic Medicine
--Physician Assistant Prescriptive Authority
49 Pa.Code,
Chapter 25
(16A-5318)
--Volunteer License
49 Pa. Code,
Chapter 25,
Subchapter L,
§§ 25.601--25.607
(number not yet assigned)
Fall 2007, as proposed.
Fall 2007, as final (proposed-
omitted).
This joint rulemaking (with the Pharmacy Board) sets forth the requirements for physician assistants with regard to prescriptive authority under the direction of a licensed physician. Statutory Authority: Section 10(p) of the Osteopathic Medical Practice Act, 63 P. S. § 271.10(p).
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.
Gina Bittner
(717) 783-4858State Board of Pharmacy
--Supplies and Equipment
49 Pa. Code,
Chapter 27
(16A-5415)
--General Revisions
49 Pa. Code,
Chapter 27
(16A-5416)
--Continuing Education
49 Pa. Code § 27.32
(16A-5417)
--Syringes and Needles
49 Pa. Code,
Chapter 27
(16A-5418)
--Pharmacist Breaks
49 Pa. Code,
Chapter 27
(16A-5419)
--Matters of Conscience
49 Pa. Code § 27.103
(16A-5421)
Fall 2007, as final.
Fall 2007, as proposed.
Winter 2007-2008, as proposed.
Fall 2007, as proposed.
Winter 2007-2008, as proposed.
Summer 2007, as statement of policy.
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).
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).
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.
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).
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).
This statement of policy provides guidance to pharmacists who may have a religious, moral or ethical objection to filling a particular prescription. Statutory Authority: Section 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. § 390-6(k)(1) and (9).
Melanie Zimmerman
(717) 783-7156State Board of Physical Therapy
--Biennial Renewal Fees
49 Pa. Code § 40.5
(16A-6511)Fall 2007, as final. 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). J. Robert Kline
(717) 783-7134State Board of Podiatry
--Certificate of Authority to Perform Acupuncture
49 Pa. Code,
Chapter 29
(16A-449)
--Volunteer License
49 Pa. Code § 29.55
(number not yet assigned)
Winter 2007-2008, as proposed.
Fall 2007, as final (proposed- omitted).
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.
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.
Gina Bittner
(717) 783-4858State Board of Psychology
--Qualifications
49 Pa. Code,
Chapter 41
(16A-6315)
--Continuing Education
49 Pa. Code § 41.59
(16A-6317)
--Code of Conduct
49 Pa. Code § 41.61
(16A-6318)
Fall 2007, as proposed.
Fall 2007, as proposed.
Fall 2007, 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).
This regulation would amend the Board's continuing education requirements regarding home study, instruction and carry over. Statutory Authority: Section 15 of the Professional Psychologists Practice Act, 63 P. S. § 1215.
This regulation would update the Board's Code of Conduct 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).
Chris Stuckey
(717) 783-7155State Real Estate Commission
--Seller's Property Disclosure Statement
49 Pa. Code § 33.335a
(16A-5611)
--Education
49 Pa. Code § 35.384, 35.385.
(16A-5613)
--Consumer Notice
49 Pa. Code § 35.336
(16A-5614)
--Partial Fees
49 Pa. Code,
Chapter 35
(16A-5615)
Fall 2007, as proposed.
Winter 2007-2008, as proposed.
Fall 2007, as final.
Winter 2007-2008, as proposed.
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).
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.
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.
The proposed regulation would eliminate the partial fees charged to licensees who apply mid-biennium. Statutory authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.
Patricia Ridley
(717) 783-3658State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
--Technical Amendments
49 Pa. Code §§ 47.1 and 47.1a.
(16A-699)
--Standards of Professional Conduct
49 Pa. Code,
Chapters 47, 48 and 49
(16A-6911)
Fall 2007, as inal.
Fall 2007, as proposed.
This regulation clarifies the definition of ''accredited school,'' amends the name of the examination, and provides that students who graduate from social work programs that are in candidacy for accreditation at the time of their graduation may apply for licensure once the program obtains accreditation. Statutory Authority: Section 6 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906.
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).
Sandra Matter
(717) 783-1389State Board of Examiners in Speech-Language and Hearing
--General Revisions
49 Pa. Code,
Chapter 45.
(number not yet assigned)
Winter 2007-2008, as proposed.
This regulation is intended to be a general update of the regulations of the Board to delete or amend outdated regulations. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2).
Sandra Matter
(717) 783-1389State Board of Vehicle Manufacturers, Dealers and Salespersons
--Salesperson License
49 Pa. Code,
Chapter 19
(16A-609)
Fall 2007, 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).
Pamela Marsden
(717) 783-1697State Board of Veterinary Medicine
--Veterinary Dentistry
49 Pa. Code,
Chapter 31
(16A-5718)
--Facilities
49 Pa. Code,
Chapter 31
(16A-5720)
--Professional Conduct
49 Pa. Code,
Chapter 31
(16A-5721)
--Schedule of Civil Penalties--
Veterinarians and Veterinary Technicians
49 Pa. Code § 43b.21
(16-39)
Fall 2007, as proposed.
Fall 2007, as proposed.
Fall 2007, as final.
Summer 2007, as statement of policy.
This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.
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.
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.
The statement of policy would implement Act 48 civil penalty schedules for certain violations of the Veterinary Medicine Practice Act and the regulations of the State Board of Veterinary Medicine. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
J. Robert Kline
(717) 783-7134
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