Pennsylvania Bulletin

PA Bulletin, Doc. No. 09-227b

[39 Pa.B. 749]
[Saturday, February 7, 2009]

[Continued from previous Web Page]

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)

--Electronic Notarization Standards--
4 Pa. Code, Subpart F
(number not yet assigned)

Spring 2009, as Final.

Spring 2009, as Final.

Spring 2009, 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 final rulemaking is required to implement the Lobbying Disclosure Act, Act 134 of 2006.
Statutory Authority: Section 1310-A of the Lobbying Disclosure Act, Act 134 of 2006.

The proposed regulation would establish standards for notaries to use electronic notarization. Statutory Authority: Section 22.3 of the Notary Public Law of 1953, 57 P. S. § 168.3.

Shauna Graves
(717) 265-7632

L. Lawrence Boyle
(717) 783-1657

Martha Brown
(717) 783-2804

Bureau of Professional and Occupational Affairs

--Schedule of Civil Penalties for violations of the Clean Indoor Air Act, 49 Pa. Code
Chapter 43b.
(16-46)

--Recording Devices--
49 Pa. Code, §§ 43b.101 and 43b.102
(number not yet assigned)

Spring 2009, as Proposed.

Fall 2009, as Proposed.

This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. ______ , No. 27), known as the Clean Indoor Air Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. Section 5(b)(1)(ii) of the Clean Indoor Air Act authorizes the Bureau to enforce the act.

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) 783-7200

State Board of Accountancy

--Continuing Education--
49 Pa. Code §§ 11.61--11.69a (16A-5511)

--Biennial Renewal Fees--
49 Pa. Code § 11.4 (16A-5512)

--General Revisions--
49 Pa. Code
Chapter 11
(number not yet assigned)

--Civil Penalty Schedule--
Accountants--
49 Pa. Code § 43b.10a.
(number not yet assigned)

Spring 2009,
as Proposed.

Spring 2009,
as Proposed.

Summer 2009,
as Proposed.

Spring 2009,
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.

This proposed rulemaking would implement the amendments to the CPA Law made by the Act of July 9, 2008 (P. L. 954, No. 73). Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.

This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.

Sara Fox
(717) 783-1404

State Architects Licensure Board

--General Revisions--
49 Pa. Code
Chapter 9
(number not yet assigned)

Fall 2009, as Proposed.

This regulation would provide a general update of the regulations of the State Architects Licensure Board. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law, 63 P. S. § 34.6(a) and (d).

Penny Walker
(717) 783-3397

State Board of Barber Examiners

--Student Records and Curriculum--
49 Pa. Code
Chapter 3
(16A-427)
Spring 2009, as Final.
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) 783-3402

State Board of Chiropractic

--Chiropractic Specialties--
49 Pa. Code Ch. 5 (16A-4312)

Review of Chiropractic Treatment--
49 Pa. Code
Chapter 5
(16A-4315)

--Assistance of Unlicensed Supportive Personnel--
49 Pa. Code
Chapter 5
(16A-4316)

--Needle Acupuncture--
49 Pa. Code § 5.81 (16A-4317)

--Continuing Education Violations--
49 Pa. Code § 5.77 (16A-4318)

--Patient Records-- 49 Pa. Code § 5.51 (16A-4319)

--Schedule of Civil Penalties--
Chiropractors
49 Pa. Code
Chapter 43b.
(16-44)

Spring 2009, as Proposed.

Summer 2009, as Proposed.

Summer 2009, as Proposed.

Spring 2009, as Proposed.

Spring 2009, as Proposed.

Spring 2009, as Statement of Policy.

Spring 2009, 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).

This proposed rulemaking would establish standards for chiropractors that engage in chiropractic peer review. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).

This proposed rulemaking would establish standards for the delegation of tasks to unlicensed supportive personnel. Statutory Authority: Sections 302(3) and 601 of the Chiropractic Practice Act, 63 P. S. §§ 624.302(3) and 625.601.

This rulemaking would permit chiropractors who are registered acupuncturists or practitioners of oriental medicine to practice or advertise needle acupuncture. Statutory Authority: Sections 302(3), 506(a)(4) and 506(a)(11) of the Chiropractic Practice Act.

This regulation would adopt a requirement that continuing education deficiencies be made up within 6 months and provides for disciplinary action under the Act 48 citation process. Statutory Authority: Sections 302(3), 506(a)(9) and 507(a) of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3), 625.506(a)(9) and 625.507(a).

The statement of policy would assist licensees in determining how to maintain patient records. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).

This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties with the approval of the Board.

Deborah Smith
(717) 783-7155

State Board of Chiropractic (cont'd)

--Volunteer License-- 49 Pa. Code § 5.20 (number not yet assigned)

Spring 2009,
as Final (Proposed-
omitted).

This regulation would conform the volunteer license 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) 783-7155

Corporation Bureau

--UCC Revised Article 9--
(16-35)

Summer 2009, as Proposed.

This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526.

Martha Brown
(717) 787-6802

State Board of Cosmetology

--Sanitation--
49 Pa. Code
Chapter 7
(16A-4515)

--Schedule of Civil Penalties--
49 Pa. Code
Chapter 43b, § 43b.5. (number not yet assigned)

Fall 2009, as Proposed.

Spring 2009, as Proposed.

This regulation would update the Board's regulations on sanitation to conform to modern standards within the profession. Statutory Authority: Sections 11 and 14 of the Act of May 3, 1933 (P. L. 242, No. 86), commonly referred to as the Beauty Culture Law, 63 P. S. §§ 517 and 520.

This regulation would amend the schedule of civil penalties for the State Board of Cosmetology to implement Act 48 civil penalties for failure of a school to submit quarterly reports. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

Hillarene Staller
(717) 783-7130

State Board of Crane Operators

--Implementation of the Crane Operator Licensure Act--
49 Pa. Code
Chapter 36
(number not yet assigned)

Fall 2009, as Proposed.

This proposed regulation would implement the Crane Operator Licensure Act, Act 100 of 2008. Statutory Authority: Section 2102 of the act of October 9, 2008, (P. L. ______ , No. 100).

Cynthia K. Montgomery
(717) 783-7200

State 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)

--General Revisions--
49 Pa. Code
Chapter 33
(number not yet assigned)

--Licensure by Examination--
49 Pa. Code § 33.103 (16A-4620)

--Volunteer License-- 49 Pa. Code § 33.110 (Number not yet assigned)

Spring 2009, as Proposed.

Spring 2009, as Final.

Summer 2009 as Proposed.

Spring 2009, as Proposed.

Spring 2009,
as Final (proposed-
omitted)

This regulation would 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 updates and amends the scope of practice of dental hygienists to conform to modern dental practices; establishes the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist; and implements the provisions of Act 51 of 2007 relating to public health dental hygiene practitioners. Statutory Authority: Section 3(d) of the Dental Law, 63 P. S. § 122(d).

This regulation would generally update the Board's regulations to reflect current procedures and practices. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).

This regulation would expand the range of regional clinical examinations that may be accepted by the Board for the purposes of licensure by examination and licensure by criteria approval. Statutory authority: Section 3(c), (d) and (o) of the Dental Law, 63 P. S. § 122(c), (d) and (o).

This regulation would amend the current volunteer license 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) 783-7162

State Registration Board for Professional Engineers, Land Surveyors and Geologists

--General Revisions--
49 Pa. Code
Chapter 37
(number not yet assigned)

--Continuing Education--
49 Pa. Code
Chapter 37 (16A-4710)

--Schedule of Civil Penalties--
Engineers, Geologists and Land Surveyors
49 Pa. Code
Chapter 43b.
(16-43)

Spring 2009, as Proposed.

Spring 2009, as Proposed.

Sring 2009, 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.

The proposed rulemaking would set forth continuing education requirements for professional engineers, geologists and land surveyors. Statutory Authority: Sections 4(1) and 4.5(a) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. §§ 151.4(1) and 151.4.5(a).

This proposed regulation would adopt a schedule of civil penalties for violations of the continuing education regulations being promulgated by the State Board of Engineers, Land Surveyors and Geologists (16A-4710). Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.

Terrie Kocher
(717) 783-7049

State Board of Funeral Directors

--Preneed Funeral Arrangements--
49 Pa. Code
Chapter 13 (16A-4815)

--Preneed Activities of Unlicensed Employee--
49 Pa. Code
Chapter 13 (16A-4816)

--Continuing Education Enforcement--
49 Pa. Code
Chapter 13, §§ 13.231 and 13.401 (16A-4818)

--Schedule of Civil Penalties--
Continuing Education Violations--
49 Pa. Code
Chapter 43, § 43b.6. (16-47)

Spring 2009, as Final.

Spring 2009, as Final.

Spring 2009, as Proposed.

Spring 2009, 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).

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).

This proposed rulemaking would provide for the enforcement of continuing education violations through the Act 48 citation process. Statutory authority: Sections 10(b) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.10(b) and 479.16(a).

This proposed rulemaking would establish the civil penalty schedule for violations of the Funeral Board's continuing education violations. Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a); and sections 11(a)(6) and 17(b) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(6) and 479.17(b).

Heidy Weirich
(717) 783-3397

State Board of Landscape Architects

--Schedule of Civil Penalties--
Landscape Architects
49 Pa. Code
Chapter 43b (number not yet assigned)

Spring 2009, as Proposed.

This proposed regulation would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.

Terrie Kocher
(717) 783-7049

State Board of Massage Therapy

--Implementation of the Massage Therapy Law--
49 Pa. Code
Chapter 20
(number not yet assigned)

Fall 2009, as Proposed.

This regulation is required to implement the Massage Therapy Law, act of October 9, 2008 (P. L. ______ , No.118). Statutory Authority: Section 50 of the Massage Therapy Law requires the Board to promulgate regulations within 18 months.

Teresa Lazo
(717) 783-7200

State Board of Medicine

--Acupuncture--
49 Pa. Code § 18.15 (16A-4924)

--General Revisions--
49 Pa. Code
Chapters 16, 17 and 18
(16A-4925)

--Nurse Midwife Prescriptive Authority--
49 Pa. Code
Chapter 18 (16A-4926)

--Clarification of Medicine and Surgery--
49 Pa. Code
Chapters 16 and 17 (16A-4927)

--Perfusionists--
49 Pa. Code
Chapter 18, Subchapter J. (number not yet assigned)

--Licensure of Respiratory Therapists and Physician Assistants--
49 Pa. Code
Chapter 18
(number not yet assigned)

--Licensure or Certification of Behavior Specialists--
49 Pa. Code
Chapter 18
(number not yet assigned)

Spring 2009, as Final.

Spring 2009, as Proposed.

Spring 2009, as Final.

Spring 2009, as Proposed.

Summer 2009, as Proposed.

Summer 2009, as Proposed

Summer 2009, as Proposed.

This proposed rulemaking would amend the Board's existing acupuncture regulations so they comport with Act 186 of 2006, which amended 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 proposed rulemaking would implement Acts 29, 46 and 48 of 2007, and would generally update the regulations of the Board relating to physicians, physician assistants, certified registered nurse practitioners, respiratory care practitioners, and volunteer licensees. Statutory Authority: Acts 29, 46 and 49 of 2007 direct the Board to adopt, promulgate and enforce regulations to effectuate the amendments adopted in the respective Acts. In addition, Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, authorizes the Board to promulgate regulations that are reasonably necessary to carry out the purposes of the Act.

This rulemaking implements Act 50 of 2007 relating to prescriptive authority for nurse midwives. Statutory Authority: Sections 8 and 35(a) of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.35(a).

This rulemaking would amend basic definitions and establish minimum standards of practice relating to examinations preceding treatment and relating to certain medical procedures. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.

The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. ______ , No. 19) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008.

The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. ______ , No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. ______ , No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments within 18 months.

The proposed rulemaking implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. ______ , No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. ______ , No. 62) requires the Board, in consultation with the Department of Public Welfare, to promulgate regulations providing for the licensure or certification of behavior specialists.

Tammy Radel
(717) 783-1400

State Board of Medicine (cont'd)

--Volunteer License-- 49 Pa. Code § 16.18 (number not yet assigned)

--Schedule of Civil Penalties--
49 Pa. Code
Chapter 43b, § 43b.20 (number not yet assigned)

Spring 2009, as Final (Proposed-
omitted).

Spring 2009, as Proposed.

This regulation would amend the current volunteer license regulations 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.

This regulation would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

Tammy Radel
(717) 783-1400

State 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)

--Clinical Nurse Specialists--
49 Pa. Code Subchapter H, §§ 21.801--21.831 (16A-5133)

--LPN Application for Examination--
49 Pa. Code § 21.151 (number not yet assigned)

Summer 2009, as Proposed.

Spring 2009 as Final.

Spring 2009, as Final.

Fall 2009, as Final.

Summer 2009, 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.

This regulation clarifies 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 implements 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 proposed regulation would implement Act 49 of 2007, which amended the professional Nursing Law to provide for the certification of clinical nurse specialists. Statutory Authority: Section 5 of Act 49 requires the Board to promulgate regulations within 18 months. Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) authorizes the Board to establish rules and regulations for the practice of professional nursing and the administration of the Act.

The proposed rulemaking would provide for admission to the practical nurse exam for applicants who have graduated from a foreign practical nursing program that is equivalent to an LPN education program of study required in this Commonwealth at the time the program was completed as determined by the Commission on Graduate of Foreign Nursing Schools (CGFNS). Statutory Authority: Sections 5 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 655 and 667.6.

Ann Steffanic
(717) 783-7142

State Board of Nursing (cont'd)

--Reactivation/ Re-licensure after Lapse--
49 Pa. Code
Chapter 21 (16A-5135)

--Biennial Renewal Fees--
49 Pa. Code
Chapter 21 (16A-5136)

--Fees for Nursing Education Programs--
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)

Summer 2009, as Proposed.

Spring 2009, as Proposed.

Summer 2009, as Proposed.

Spring 2009,
as Final (Proposed-
omitted).

This regulation would set standards for the reactivation/re-licensure of nurses whose licenses have lapsed for a significant period of time. Statutory Authority: Sections 2.1 and 11 of the Professional Nursing Law, 63 P. S. §§ 212.1 and 221; and sections 13.1 and 17.6 of the Practical Nursing Law, 63 P. S. §§ 663.1 and 667.6, authorize the Board to regulate the renewal of expired or inactive licenses and to promulgate regulations generally.

This regulation is needed to increase the biennial renewal fees for nurses. Statutory authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to set fees by regulation.

This regulation is necessary to set fees for the approval of nursing education programs. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to the setting of fees by regulation. Section 6.2 of the Professional Nursing Law, 63 P. S. § 216.2, provides the Board's authority to approve nursing education programs. Sections 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) and 17.6 of the Practical Nursing Law, 63 P. S. § 667.6, provide the general rulemaking authority of the Board.

This regulation would amend the volunteer license 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) 783-7142

State Board of Examiners of Nursing Home Administrators

--Temporary Permits--
49 Pa. Code § 39.1, 39.4 and 39.17 (16A-629)

--Sexual Misconduct--
49 Pa. Code §§ 39.1 and 39.9 (16A-6211)

--Continuing Education--
49 Pa. Code § 39.61 (16A-6212)

--Continued Competence--
49 Pa. Code
Chapter 39 (16A-6213)

Schedule of Civil Penalties--
49 Pa. Code
Chapter 43b, § 43b.17 (number not yet assigned)

Spring 2009, as Final.

Summer 2009, as Proposed.

Spring 2009, as Proposed.

Spring 2009, as Proposed

Spring 2009, as Proposed.

The proposed rulemaking would clarify, update and expand on the temporary permit requirements under section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114. Statutory Authority: Section 4(c) and 14 of the Nursing Home Administrators License Act, 63 P. S. §§ 1104 (c) and 1114.

This regulation would add sexual abuse, sexual misconduct and sexual harassment as offenses for which a nursing home administrator's license may be disciplined. Statutory Authority: Sections 4(c) and 6(g) of the Nursing Home Administrators Licensure Act, 63 P. S. §§ 1104(c) and 1106(g).

This rulemaking would amend the Board's existing regulations relating to continuing education clock hours. Statutory Authority: Section 9(b) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1109(b).

This regulation would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1104(a)(4), (9) and (c).

This regulation would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

Chris Stuckey
(717) 783-7155

State Board of Occupational Therapy Education and Licensure

--Continued Competency--
49 Pa. Code §§ 42.50--42.58 (16A-677)

Spring 2009, as Proposed.

The proposed rulemaking will implement section 15(a) of the Occupational Therapy Practice Act, 63 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) 783-1389

State Board of Optometry

--Continuing Education--
49 Pa. Code §§ 23.81 and 23.82. (16A-5212)

--Schedule of Civil Penalties--
Optometrists
49 Pa. Code
Chapter 43b (number not yet assigned)

--Volunteer License-- 49 Pa. Code § 23.26 (number not yet assigned)

Spring 2009, as Final (Proposed-
omitted).

Spring 2009,
as Proposed.

Spring 2009, as Final (Proposed-
omitted).

This regulation would amend the continuing education requirements to clarify the need for a licensee to complete the licensee's continuing education as a prerequisite to renew a lapsed or inactive license within the two years immediately preceding renewal or reactivation. Statutory Authority: Sections 3(b)(14) and 5 of the Optometric Practice and Licensure Act (63 P. S. §§ 244.3(b)(14) and 244.5).

This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.

This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14).

Deborah Smith
(717) 783-7155

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Bureau of Commissions, Elections and Legislation --Alteration of Local Election Districts-- 4 Pa. Code § 184 (16-36) --Lobbying Disclosure-- 51 Pa. Code (16-40) --Electronic Notarization Standards-- 4 Pa. Code, Subpart F (number not yet assigned)	Spring 2009, as Final. Spring 2009, as Final. Spring 2009, 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 final rulemaking is required to implement the Lobbying Disclosure Act, Act 134 of 2006. Statutory Authority: Section 1310-A of the Lobbying Disclosure Act, Act 134 of 2006. The proposed regulation would establish standards for notaries to use electronic notarization. Statutory Authority: Section 22.3 of the Notary Public Law of 1953, 57 P. S. § 168.3.	Shauna Graves (717) 265-7632 L. Lawrence Boyle (717) 783-1657 Martha Brown (717) 783-2804
Bureau of Professional and Occupational Affairs --Schedule of Civil Penalties for violations of the Clean Indoor Air Act, 49 Pa. Code Chapter 43b. (16-46) --Recording Devices-- 49 Pa. Code, §§ 43b.101 and 43b.102 (number not yet assigned)	Spring 2009, as Proposed. Fall 2009, as Proposed.	This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. ______ , No. 27), known as the Clean Indoor Air Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. Section 5(b)(1)(ii) of the Clean Indoor Air Act authorizes the Bureau to enforce the act. 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) 783-7200
State Board of Accountancy --Continuing Education-- 49 Pa. Code §§ 11.61--11.69a (16A-5511) --Biennial Renewal Fees-- 49 Pa. Code § 11.4 (16A-5512) --General Revisions-- 49 Pa. Code Chapter 11 (number not yet assigned) --Civil Penalty Schedule-- Accountants-- 49 Pa. Code § 43b.10a. (number not yet assigned)	Spring 2009, as Proposed. Spring 2009, as Proposed. Summer 2009, as Proposed. Spring 2009, 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. This proposed rulemaking would implement the amendments to the CPA Law made by the Act of July 9, 2008 (P. L. 954, No. 73). Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3. This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Sara Fox (717) 783-1404
State Architects Licensure Board --General Revisions-- 49 Pa. Code Chapter 9 (number not yet assigned)	Fall 2009, as Proposed.	This regulation would provide a general update of the regulations of the State Architects Licensure Board. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law, 63 P. S. § 34.6(a) and (d).	Penny Walker (717) 783-3397
State Board of Barber Examiners --Student Records and Curriculum-- 49 Pa. Code Chapter 3 (16A-427)	Spring 2009, as Final.	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) 783-3402
State Board of Chiropractic --Chiropractic Specialties-- 49 Pa. Code Ch. 5 (16A-4312) Review of Chiropractic Treatment-- 49 Pa. Code Chapter 5 (16A-4315) --Assistance of Unlicensed Supportive Personnel-- 49 Pa. Code Chapter 5 (16A-4316) --Needle Acupuncture-- 49 Pa. Code § 5.81 (16A-4317) --Continuing Education Violations-- 49 Pa. Code § 5.77 (16A-4318) --Patient Records-- 49 Pa. Code § 5.51 (16A-4319) --Schedule of Civil Penalties-- Chiropractors 49 Pa. Code Chapter 43b. (16-44)	Spring 2009, as Proposed. Summer 2009, as Proposed. Summer 2009, as Proposed. Spring 2009, as Proposed. Spring 2009, as Proposed. Spring 2009, as Statement of Policy. Spring 2009, 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). This proposed rulemaking would establish standards for chiropractors that engage in chiropractic peer review. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3). This proposed rulemaking would establish standards for the delegation of tasks to unlicensed supportive personnel. Statutory Authority: Sections 302(3) and 601 of the Chiropractic Practice Act, 63 P. S. §§ 624.302(3) and 625.601. This rulemaking would permit chiropractors who are registered acupuncturists or practitioners of oriental medicine to practice or advertise needle acupuncture. Statutory Authority: Sections 302(3), 506(a)(4) and 506(a)(11) of the Chiropractic Practice Act. This regulation would adopt a requirement that continuing education deficiencies be made up within 6 months and provides for disciplinary action under the Act 48 citation process. Statutory Authority: Sections 302(3), 506(a)(9) and 507(a) of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3), 625.506(a)(9) and 625.507(a). The statement of policy would assist licensees in determining how to maintain patient records. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3). This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties with the approval of the Board.	Deborah Smith (717) 783-7155
State Board of Chiropractic (cont'd) --Volunteer License-- 49 Pa. Code § 5.20 (number not yet assigned)	Spring 2009, as Final (Proposed- omitted).	This regulation would conform the volunteer license 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) 783-7155
Corporation Bureau --UCC Revised Article 9-- (16-35)	Summer 2009, as Proposed.	This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526.	Martha Brown (717) 787-6802
State Board of Cosmetology --Sanitation-- 49 Pa. Code Chapter 7 (16A-4515) --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.5. (number not yet assigned)	Fall 2009, as Proposed. Spring 2009, as Proposed.	This regulation would update the Board's regulations on sanitation to conform to modern standards within the profession. Statutory Authority: Sections 11 and 14 of the Act of May 3, 1933 (P. L. 242, No. 86), commonly referred to as the Beauty Culture Law, 63 P. S. §§ 517 and 520. This regulation would amend the schedule of civil penalties for the State Board of Cosmetology to implement Act 48 civil penalties for failure of a school to submit quarterly reports. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Hillarene Staller (717) 783-7130
State Board of Crane Operators --Implementation of the Crane Operator Licensure Act-- 49 Pa. Code Chapter 36 (number not yet assigned)	Fall 2009, as Proposed.	This proposed regulation would implement the Crane Operator Licensure Act, Act 100 of 2008. Statutory Authority: Section 2102 of the act of October 9, 2008, (P. L. ______ , No. 100).	Cynthia K. Montgomery (717) 783-7200
State 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) --General Revisions-- 49 Pa. Code Chapter 33 (number not yet assigned) --Licensure by Examination-- 49 Pa. Code § 33.103 (16A-4620) --Volunteer License-- 49 Pa. Code § 33.110 (Number not yet assigned)	Spring 2009, as Proposed. Spring 2009, as Final. Summer 2009 as Proposed. Spring 2009, as Proposed. Spring 2009, as Final (proposed- omitted)	This regulation would 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 updates and amends the scope of practice of dental hygienists to conform to modern dental practices; establishes the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist; and implements the provisions of Act 51 of 2007 relating to public health dental hygiene practitioners. Statutory Authority: Section 3(d) of the Dental Law, 63 P. S. § 122(d). This regulation would generally update the Board's regulations to reflect current procedures and practices. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o). This regulation would expand the range of regional clinical examinations that may be accepted by the Board for the purposes of licensure by examination and licensure by criteria approval. Statutory authority: Section 3(c), (d) and (o) of the Dental Law, 63 P. S. § 122(c), (d) and (o). This regulation would amend the current volunteer license 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) 783-7162
State Registration Board for Professional Engineers, Land Surveyors and Geologists --General Revisions-- 49 Pa. Code Chapter 37 (number not yet assigned) --Continuing Education-- 49 Pa. Code Chapter 37 (16A-4710) --Schedule of Civil Penalties-- Engineers, Geologists and Land Surveyors 49 Pa. Code Chapter 43b. (16-43)	Spring 2009, as Proposed. Spring 2009, as Proposed. Sring 2009, 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. The proposed rulemaking would set forth continuing education requirements for professional engineers, geologists and land surveyors. Statutory Authority: Sections 4(1) and 4.5(a) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. §§ 151.4(1) and 151.4.5(a). This proposed regulation would adopt a schedule of civil penalties for violations of the continuing education regulations being promulgated by the State Board of Engineers, Land Surveyors and Geologists (16A-4710). Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Terrie Kocher (717) 783-7049
State Board of Funeral Directors --Preneed Funeral Arrangements-- 49 Pa. Code Chapter 13 (16A-4815) --Preneed Activities of Unlicensed Employee-- 49 Pa. Code Chapter 13 (16A-4816) --Continuing Education Enforcement-- 49 Pa. Code Chapter 13, §§ 13.231 and 13.401 (16A-4818) --Schedule of Civil Penalties-- Continuing Education Violations-- 49 Pa. Code Chapter 43, § 43b.6. (16-47)	Spring 2009, as Final. Spring 2009, as Final. Spring 2009, as Proposed. Spring 2009, 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). 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). This proposed rulemaking would provide for the enforcement of continuing education violations through the Act 48 citation process. Statutory authority: Sections 10(b) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.10(b) and 479.16(a). This proposed rulemaking would establish the civil penalty schedule for violations of the Funeral Board's continuing education violations. Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a); and sections 11(a)(6) and 17(b) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(6) and 479.17(b).	Heidy Weirich (717) 783-3397
State Board of Landscape Architects --Schedule of Civil Penalties-- Landscape Architects 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2009, as Proposed.	This proposed regulation would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Terrie Kocher (717) 783-7049
State Board of Massage Therapy --Implementation of the Massage Therapy Law-- 49 Pa. Code Chapter 20 (number not yet assigned)	Fall 2009, as Proposed.	This regulation is required to implement the Massage Therapy Law, act of October 9, 2008 (P. L. ______ , No.118). Statutory Authority: Section 50 of the Massage Therapy Law requires the Board to promulgate regulations within 18 months.	Teresa Lazo (717) 783-7200
State Board of Medicine --Acupuncture-- 49 Pa. Code § 18.15 (16A-4924) --General Revisions-- 49 Pa. Code Chapters 16, 17 and 18 (16A-4925) --Nurse Midwife Prescriptive Authority-- 49 Pa. Code Chapter 18 (16A-4926) --Clarification of Medicine and Surgery-- 49 Pa. Code Chapters 16 and 17 (16A-4927) --Perfusionists-- 49 Pa. Code Chapter 18, Subchapter J. (number not yet assigned) --Licensure of Respiratory Therapists and Physician Assistants-- 49 Pa. Code Chapter 18 (number not yet assigned) --Licensure or Certification of Behavior Specialists-- 49 Pa. Code Chapter 18 (number not yet assigned)	Spring 2009, as Final. Spring 2009, as Proposed. Spring 2009, as Final. Spring 2009, as Proposed. Summer 2009, as Proposed. Summer 2009, as Proposed Summer 2009, as Proposed.	This proposed rulemaking would amend the Board's existing acupuncture regulations so they comport with Act 186 of 2006, which amended 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 proposed rulemaking would implement Acts 29, 46 and 48 of 2007, and would generally update the regulations of the Board relating to physicians, physician assistants, certified registered nurse practitioners, respiratory care practitioners, and volunteer licensees. Statutory Authority: Acts 29, 46 and 49 of 2007 direct the Board to adopt, promulgate and enforce regulations to effectuate the amendments adopted in the respective Acts. In addition, Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, authorizes the Board to promulgate regulations that are reasonably necessary to carry out the purposes of the Act. This rulemaking implements Act 50 of 2007 relating to prescriptive authority for nurse midwives. Statutory Authority: Sections 8 and 35(a) of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.35(a). This rulemaking would amend basic definitions and establish minimum standards of practice relating to examinations preceding treatment and relating to certain medical procedures. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. ______ , No. 19) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008. The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. ______ , No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. ______ , No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments within 18 months. The proposed rulemaking implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. ______ , No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. ______ , No. 62) requires the Board, in consultation with the Department of Public Welfare, to promulgate regulations providing for the licensure or certification of behavior specialists.	Tammy Radel (717) 783-1400
State Board of Medicine (cont'd) --Volunteer License-- 49 Pa. Code § 16.18 (number not yet assigned) --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.20 (number not yet assigned)	Spring 2009, as Final (Proposed- omitted). Spring 2009, as Proposed.	This regulation would amend the current volunteer license regulations 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. This regulation would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Tammy Radel (717) 783-1400
State 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) --Clinical Nurse Specialists-- 49 Pa. Code Subchapter H, §§ 21.801--21.831 (16A-5133) --LPN Application for Examination-- 49 Pa. Code § 21.151 (number not yet assigned)	Summer 2009, as Proposed. Spring 2009 as Final. Spring 2009, as Final. Fall 2009, as Final. Summer 2009, 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. This regulation clarifies 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 implements 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 proposed regulation would implement Act 49 of 2007, which amended the professional Nursing Law to provide for the certification of clinical nurse specialists. Statutory Authority: Section 5 of Act 49 requires the Board to promulgate regulations within 18 months. Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) authorizes the Board to establish rules and regulations for the practice of professional nursing and the administration of the Act. The proposed rulemaking would provide for admission to the practical nurse exam for applicants who have graduated from a foreign practical nursing program that is equivalent to an LPN education program of study required in this Commonwealth at the time the program was completed as determined by the Commission on Graduate of Foreign Nursing Schools (CGFNS). Statutory Authority: Sections 5 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 655 and 667.6.	Ann Steffanic (717) 783-7142
State Board of Nursing (cont'd) --Reactivation/ Re-licensure after Lapse-- 49 Pa. Code Chapter 21 (16A-5135) --Biennial Renewal Fees-- 49 Pa. Code Chapter 21 (16A-5136) --Fees for Nursing Education Programs-- 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)	Summer 2009, as Proposed. Spring 2009, as Proposed. Summer 2009, as Proposed. Spring 2009, as Final (Proposed- omitted).	This regulation would set standards for the reactivation/re-licensure of nurses whose licenses have lapsed for a significant period of time. Statutory Authority: Sections 2.1 and 11 of the Professional Nursing Law, 63 P. S. §§ 212.1 and 221; and sections 13.1 and 17.6 of the Practical Nursing Law, 63 P. S. §§ 663.1 and 667.6, authorize the Board to regulate the renewal of expired or inactive licenses and to promulgate regulations generally. This regulation is needed to increase the biennial renewal fees for nurses. Statutory authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to set fees by regulation. This regulation is necessary to set fees for the approval of nursing education programs. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to the setting of fees by regulation. Section 6.2 of the Professional Nursing Law, 63 P. S. § 216.2, provides the Board's authority to approve nursing education programs. Sections 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) and 17.6 of the Practical Nursing Law, 63 P. S. § 667.6, provide the general rulemaking authority of the Board. This regulation would amend the volunteer license 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) 783-7142
State Board of Examiners of Nursing Home Administrators --Temporary Permits-- 49 Pa. Code § 39.1, 39.4 and 39.17 (16A-629) --Sexual Misconduct-- 49 Pa. Code §§ 39.1 and 39.9 (16A-6211) --Continuing Education-- 49 Pa. Code § 39.61 (16A-6212) --Continued Competence-- 49 Pa. Code Chapter 39 (16A-6213) Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.17 (number not yet assigned)	Spring 2009, as Final. Summer 2009, as Proposed. Spring 2009, as Proposed. Spring 2009, as Proposed Spring 2009, as Proposed.	The proposed rulemaking would clarify, update and expand on the temporary permit requirements under section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114. Statutory Authority: Section 4(c) and 14 of the Nursing Home Administrators License Act, 63 P. S. §§ 1104 (c) and 1114. This regulation would add sexual abuse, sexual misconduct and sexual harassment as offenses for which a nursing home administrator's license may be disciplined. Statutory Authority: Sections 4(c) and 6(g) of the Nursing Home Administrators Licensure Act, 63 P. S. §§ 1104(c) and 1106(g). This rulemaking would amend the Board's existing regulations relating to continuing education clock hours. Statutory Authority: Section 9(b) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1109(b). This regulation would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1104(a)(4), (9) and (c). This regulation would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Chris Stuckey (717) 783-7155
State Board of Occupational Therapy Education and Licensure --Continued Competency-- 49 Pa. Code §§ 42.50--42.58 (16A-677)	Spring 2009, as Proposed.	The proposed rulemaking will implement section 15(a) of the Occupational Therapy Practice Act, 63 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) 783-1389
State Board of Optometry --Continuing Education-- 49 Pa. Code §§ 23.81 and 23.82. (16A-5212) --Schedule of Civil Penalties-- Optometrists 49 Pa. Code Chapter 43b (number not yet assigned) --Volunteer License-- 49 Pa. Code § 23.26 (number not yet assigned)	Spring 2009, as Final (Proposed- omitted). Spring 2009, as Proposed. Spring 2009, as Final (Proposed- omitted).	This regulation would amend the continuing education requirements to clarify the need for a licensee to complete the licensee's continuing education as a prerequisite to renew a lapsed or inactive license within the two years immediately preceding renewal or reactivation. Statutory Authority: Sections 3(b)(14) and 5 of the Optometric Practice and Licensure Act (63 P. S. §§ 244.3(b)(14) and 244.5). This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14).	Deborah Smith (717) 783-7155

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