[37 Pa.B. 609]
[Saturday, February 3, 2007]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State 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)	Spring 2007, as Final.                   Spring 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) 783-1389
State Board of Examiners in Speech-Language and Hearing General Revisions 49 Pa. Code, Chapter 45. (number not yet assigned)	Summer 2007, 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	This regulation is intended to be a general update of the regulations of the Board to delete or amend outdated regulations.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) 783-1389
State Board of Vehicle Manufacturers, Dealers and Salespersons Salesperson License 49 Pa. Code, Chapter 19 (16A-609)         Biennial Renewal Fees 49 Pa. Code, Chapter 19, § 19.4 (16A-6010)	Spring 2007, as Proposed.                     Spring 2007, as Final.	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).   The Board is proposing to increase biennial renewal fees for its licensees in order to recoup the current deficit and to meet its expected expenditures through at least FY 2016-2017. Statutory Authority: Section 30 of the Board of Vehicles Act, 63 P. S. § 818.30, requires the Board to increase biennial licensure fees whenever revenues are inadequate to meet the Board's expenditures.	Pamela Marsden (717) 783-1697
State Board of Veterinary Medicine Certified Veterinary Technician Specialties 49 Pa. Code § 31.38. (16A-5716)     Veterinary Dentistry 49 Pa. Code, Chapter 31 (16A-5718)     Recordkeeping 49 Pa. Code, Chapter 31 (16A-5719)   Facilities 49 Pa. Code, Chapter 31 (16A-5720)     Professional Conduct 49 Pa. Code, Chapter 31 (16A-5721)	Spring 2007, as Final.             Spring 2007, as Proposed.       Spring 2007, as Final.       Spring 2007, as Proposed.         Spring 2007, 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.   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 veterinary medical records. 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.	J. Robert Kline (717) 783-7134
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 250.2. Time to appeal. (This proposed regulation will supercede that portion of 1 Pa. Code § 35.35 pertaining to the 10-day period of time to appeal from delegated actions of subordinate officers and substitute a 30-day period of time to file an appeal.)	The proposed regulation was delivered to IRRC and the legislative committees in early Fall 2006 but the legislative committees didn't act prior to the end of session. SERS will resubmit it in the 2007 legislative session and also address IRRC's technical comments.	Current hearing regulations are inconsistent with operational practice supporting member-friendly service.	Paul Stahlnecker, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code §§ 250.1 and 250.15. Applicability of general rules. (These current regulations will be modified to permit the application of proposed 4 Pa. Code § 250.2.)	The proposed regulation was delivered to IRRC and the legislative committees in early Fall 2006 but the legislative committees didn't act prior to the end of session. SERS will resubmit it in the 2007 legislative session and also address IRRC's technical comments	Specific provisions in SERS' regulations should be exceptions to the general rules of administrative practice and procedure.	Paul Stahlnecker, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 247.11 Priority of taxation, attachments and assignments of funds. (This proposed regulation will clarify the priority of payments to be made from the members' accounts by SERS pursuant to 71 Pa. C.S. § 5953.)	2007	The statute does not set priorities among conflicting demands on members' accounts. A recent court decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of priority issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 247.7(c). Priority of death benefit payment. (This proposed regulation will clarify the priority of death benefit payments to be made by SERS pursuant to the second sentence of 71 Pa.C.S. § 5905(g).)	2007	The statute does not set priorities among conflicting demands on members' death benefits. A regulation would enable consistent application of the statute and would reduce litigation of priority issues.	Paul Stahlnecker, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	2007	The language is obsolete. No credit union currently meets the statutory requirements and it is unlikely that any new ones will. A corresponding statutory amendment is also being considered.	Brian McDonough (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 247.6(a). Termination of Annuities. (This proposed regulation would delete the 30-day requirement to elect multiple service.)	2007	The regulation has been rendered obsolete by changes to SERS' enabling legislation.	Brian McDonough (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 247.4 (c). Disability Annuities. (This proposed regulation will clarify: 1) the methodology used to determine the employer-funded offset credit; 2) the service-connected disability supplement; and 3) the rights of terminated members to apply for a disability.)	2007	The statute does not expressly determine the methodology, the effects of these formulas and when terminated members can apply. Recent court and administrative decisions have offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of disability and supplement issues. This is also being considered as a statutory amendment.	Brian McDonough (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 245.4. Member contributions for the purchase of credit for previous State service or to become a full coverage member. (The regulation would be amended to specify the effects of a service purchase or reinstatement.)	2007	This regulation would be amended to clarify the effects of the reinstatement or purchase of previous State service. A recent administrative decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of purchase of service issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 241.1. Definitions. (The definition of ''Beneficiary'' would be amended to specify that the beneficiaries must be named rather than merely described.)	2007	The amendment would clarify and settle whether a proper name (''John Doe'') or a general description (''my children'', ''my issue'', ''per stirpes'') suffices. A lack of named beneficiaries can cause significant legal and administrative ambiguities that this amendment would avoid. This is also being considered as a statutory amendment.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 241.2. Electronic submission of member documents and electronic benefit transactions.	2007	This new regulation would specify procedures for electronic member transactions consistent with Commonwealth practice and policy and include a hold harmless provision.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 243.8. Membership rules for educational employees.	2007	This new regulation would clarify the requirements for membership and final average salary calculations for educational employees.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
STATE POLICE
Interception, maintenance, and destruction of Mobile Video Recordings 37 Pa. Code Chapter 50	June 2007, as proposed.	Act 53 of 2002 requires the State Police Commissioner, in consultation with the Attorney General, to promulgate these regulations. 18 Pa.C.S. §§ 5704(16), 5749	Syndi L. Guido Policy Director 717-772-0905
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	June 2007, as proposed	Act 185 of 2004 repealed Chapter 47 of Title 42 of the Pennsylvania Consolidated Statutes and amended Title 44 to add Chapter 23, DNA Data and Testing. The act requires the State Police to promulgate rules and regulations to carry out its provisions.	Syndi L. Guido Policy Director 717-772-0905
Administration of Megan's Law-Neighbor Notification 37 Pa. Code Chapter 55	June 2007, as proposed	Act 18 of 2000, known as Megan's Law, provides for the registration of sexual offenders and community notification for sexually violent predators. The act requires the Department to promulgate guidelines for the general administration of the act in consultation with the Department of Corrections, the Office of Attorney General, the Pennsylvania Board of Probation and Parole, and the chairmen and minority chairmen of the Senate and House Judiciary Committees. The act also requires the Department to write regulations regarding neighbor notification of sexually violent predators' residence, school, or employer. See 42 Pa.C.S. § 9799.1 Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them in light of Act 152 of 2004, which made substantive amendments to Megan's Law.	Syndi L. Guido Policy Director 717-772-0905
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
43 - Temporary Registration Cards and Plates   67 Pa. Code, Chapter 43	December 2007	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation, as these items are now addressed in the required contracts.	Andy Cleaver 717-787-2171
75 - Driver's License Exam   67 Pa. Code, Chapter 75	March 2007	The regulation is being revised to allow chiropractors to complete the learner's permit physical. HB1912, Act 76, passed July 15, 2004, requires us to allow chiropractors to complete this physical.	Anne Titler 717-783-4737
21 - Odometer Read Disclosure Statements   67 Pa. Code, Chapter 21	August 2007	Changes are needed to bring the regulation current with the Vehicle Code, to specify the age at which a vehicle becomes exempt from odometer disclosure.	Andy Cleaver 717-787-2171
23 - Delivery of Certificates of Title   67 Pa. Code, Chapter 23	August 2007	The method of title delivery has changed due to the electronic lien and title program (75 PA C. S, Section 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail.	Andy Cleaver 717-787-2171
13 - Special Mobile Equipment   67 Pa. Code, Chapter 13	August 2007	Act 211 of 2004, which took affect January 29, 2005, changed the vehicle code definition of special mobile equipment. The regulation needs revised to align with that definition change.	Andy Cleaver 717-787-2171
17 - Authorization to Verify ID Numbers 67 Pa. Code, Chapter 17	August 2007	Changes needed to document the Vehicle Identification Number (VIN) verification process. The VIN verification process is not currently documented in either the Vehicle Code or in regulations.	Andy Cleaver 717-787-2171
51 - Transfer, Exchange & Reclassification of Registration   67 Pa. Code, Chapter 51	September 2007	An amendment is needed to eliminate the actual transfer fee dollar amount reference in the regulation, and replace with a reference to Section 1927 of the Vehicle Code where the fee is already listed. This will eliminate regulatory changes, if the fee amount changes in the Vehicle Code.	Phil VanBriggle 717-787-2171
71 - School Bus Drivers   67 Pa. Code, Chapter 71	June 2007	The regulation needs to be revised to allow chiropractors to complete the school bus driver physical. HB1912, Act 76, passed July 15, 2004, requires this change. This change is currently under review by IRRC. (Proposed Promulgation Date March 2007) Additionally, the regulation is being revised to clarify requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association.	Scott Shenk 717-772-1782
83 - Physical & Mental Criteria - Including Vision Standards Relating to the Licensing of Drivers   67 Pa. Code, Chapter 83	June 2007	Physical and Mental Criteria for Licensure. The regulation needs to be revised to allow chiropractors to complete the learners permit. HB 1912, Act 76, passed July 15, 2004, requires this change. This change is currently under review by IRRC. (Proposed Promulgation Date March 2007) The regulation is being revised to clarify requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association.	Scott Shenk 717-772-1782
221 - Obligations of Insurer and Vehicle Owner   67 Pa. Code, Chapter 221	June 2007	This regulation should be updated to reflect the changes that have been implemented for more use of electronic reporting of insurance cancellation information by insurers.	Phil VanBriggle 717-787-2171
255 - Messenger Services   67 Pa. Code, Chapter 255	March 2007	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations, or fines will be removed from the regulation as these items are now addressed in the required contracts.	Andy Cleaver 717-787-2171
171 - School Buses and School Vehicles.   67 Pa. Code, Chapter 171	June 2007	The regulation needs to be updated to incorporate continued improvements in technology and engineering related to pupil transportation and to make general references to the Federal standards so that the regulation does not need changed as changes are made to the Federal standards.	Scott Shenk 717-772-1782
471 - Aviation   67 Pa. Code, Chapter 471	September 2007	This regulation is being revised to clarify requirements and to allow for more practical application and enforcement of those requirements.	Brian Gearhart 717-705-1250   Scott Wagner 717-346-4304
457 - Prequalification of Bidders   67 Pa. Code, Chapter 457	September 2007	The Bureau of Construction Materials is proposing changes to the regulation due to policy changes and ECMS bid procedure changes since the last modification which was in 1998.	Joe Cribben 717-787-3733

[Pa.B. Doc. No. 07-186. Filed for public inspection February 2, 2007, 9:00 a.m.]

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