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

[Continued from previous Web Page]

State Board of Osteopathic Medicine   --Physician Assistant Prescriptive Authority-- 49 Pa. Code Chapter 25 (16A-5318)                   --Miscellaneous Provisions-- 49 Pa. Code Chapter 25 (16A-5319)                       --Perfusionists-- 49 Pa. Code Chapter 25 (number not yet assigned)                       --Licensure of Respiratory Therapists and Physician Assistants-- 49 Pa. Code Chapter 25 (number not yet assigned)                   --Volunteer License-- 49 Pa. Code Chapter 25, Subchapter L, §§ 25.601--25.607 (number not yet assigned)                   --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2009, as Final.                     Spring 2009, as Proposed.                               Summer 2009, as Proposed.                         Summer 2009, as Proposed.                             Spring 2009, as Final (Proposed- omitted).                     Spring 2009, as Proposed.	This rulemaking (developed with the assistance, advice and consent of 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(h) and (p) of the Osteopathic Medical Practice Act, 63 P. S. § 271.10(h) and (p).     This regulation would implement Acts 29 and 46 of 2007 pertaining to supervision of physician assistants and continuing medical education for volunteer license holders. Statutory Authority: Section 10(h) of the Osteopathic Medical Practice Act (Act), 63 P. S. § 271.10(h), authorizes the Board to establish rules and regulations relating to physician assistants; and section 16 of the Act, 63 P. S. § 271.16, authorizes the Board to adopt regulations as are reasonably necessary to carry out the purposes of the Act.     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. 20) 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 implements the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. ______ , No. 46) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. ______ , No. 46) requires the Board and the State Board of Medicine to jointly promulgate regulations to implement the amendments within 18 months.   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 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16.       This regulation would establish a schedule of civil penalties for the State Board of Osteopathic Medicine to implement Act 48 civil penalties for failure to report complaints filed against an osteopathic physician in a medical professional liability action. Statutory authority: Section 5(a) ofAct 48 of 1993, 63 P. S. § 2205(a).	Gina Bittner (717) 783-4858
State Board of Pharmacy
--General Revisions-- 49 Pa. Code Chapter 27 (16A-5416)               --Continuing Education-- 49 Pa. Code § 27.32 (16A-5417)         --Sale of Hypodermic Needles and Syringes-- 49 Pa. Code Chapter 27 (16A-5418)             --Compounding Practices-- 49 Pa. Code Chapter 27 (16A-5419)                     --Pharmacist Breaks-- 49 Pa. Code Chapter 27 (16A-5420)               --Fees-- 49 Pa. Code § 27.91 (16A-5422)               --Cancer Drug Repository Program-- 49 Pa. Code Chapter 27 (number not yet assigned)	Spring 2009, as Final.                 Spring 2009, as Final.           Spring 2009, as Final.               Summer 2009, as Proposed.                         Spring 2009, as Final.                   Spring 2009, as Final.                 Spring 2009, as Proposed.	The 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).   This 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 rulemaking would establish standards for the compounding of drugs by pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9) grants the authority to promulgate rules and regulations to effectuate the purposes of the act. Section 2 of the Pharmacy Act, 63 P. S. § 390-2(11) defines the practice of pharmacy to include the compounding of drugs.   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 proposed rulemaking would amend the schedule of fees of the State Board of Pharmacy to increase fees. Statutory authority: Section 8.2(a) of the Pharmacy Act, 63 P. S. § 390-8.2(a).   The proposed rulemaking would establish the eligibility criteria, standards and procedures for the administration of a cancer drug repository program. Statutory authority: Section 7 of the Act of May 13, 2008 (P. L. ______ , No. 14), known as the Cancer Drug Repository Program Act, requires the Board to promulgate regulations to carry out the purposes of the act within 90 days of the effective date. The effective date was July 12, 2008.	Melanie Zimmerman (717) 783-7156
--Pharmacy Internship-- 49 Pa. Code Chapter 27 (number not yet assigned)               --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.7 (number not yet assigned)	Summer 2009, as Proposed.                     Spring 2009, as Proposed.	This rulemaking would update the Board's regulations relating to the pharmacy internship required under section 3 of the Pharmacy Act. Statutory Authority: Section 3 of the Pharmacy Act, 63 P. S. § 390-3(c) requires the Board to establish by regulation the internship requirements which must be satisfactorily completed prior to issuance of a pharmacist license.   This regulation would amend the schedule of civil penalties for the State Board of Pharmacy 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).	Melanie Zimmerman (717) 783-7156
State Board of Physical Therapy     --Act 38 Revisions-- 49 Pa. Code Chapter 40 (number not yet assigned)             --Continuing Education Providers-- 49 Pa. Code § 40.63 (16A-6513)             --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned	Summer 2009, as Proposed.               Summer 2009, as Proposed.               Spring 2009, as Proposed.	The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. ______ , No. 38). Statutory authority: Section 16 of the Act of July 4, 2008 (P. L. ______ , No. 38) requires the Board to promulgate regulations to implement the amendments and additions of that act within 18 months of the effective date. The act is effective on October 2, 2008.   This proposed rulemaking would clarify and update the continuing education requirements relating to approved providers of continuing education. Statutory authority: Sections 3(a) and 9(c)(2) of the Physical Therapy Practice Act, 63 P. S. §§ 1303(a) and 1303(c)(2).   This regulation would establish a schedule of civil penalties for the State Board of Physical Therapy to implement Act 48 civil penalties for practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Michelle Roberts (717) 783-7134
State Board of Podiatry         --Certificate of Authority to Perform Acupuncture-- 49 Pa. Code Chapter 29 (16A-449)             --Continuing Education-- 49 Pa. Code §§ 29.61 and 29.63 (16A-4410)           --Schedule of Civil Penalties--Podiatrists 49 Pa. Code Chapter 43b (Number not yet assigned)           --Volunteer License-- 49 Pa. Code § 29.55 (number not yet assigned)	Spring 2009, as Proposed.               Spring 2009, as Proposed.               Spring 2009, as Proposed.       Spring 2009, as Final (Proposed- omitted).	This regulation would 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 would increase the biennial continuing education requirement from 30 hours to 50 hours and expand the categories of approved continuing education providers. Statutory Authority: Section 9.1 of the Podiatry Practice Act, 63 P. S. 42.9a.   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 15 of the Podiatry Practice Act, 63 P. S. § 42.15.	Gina Bittner (717) 783-4858
State 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)             --Graduate training in Psychology-- 49 Pa. Code, §§ 41.1 and 41.58 (16A-6319)               --Substance Abuse and Pathological Gambling-- 49 Pa. Code § 41.8 (16A-6321)         --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2009, as Proposed.           Spring 2009, as Proposed.             Spring 2009, as Proposed.             Summer 2009, as Proposed.                 Summer 2009, as Statement of Policy.             Spring 2009, as Proposed.	This regulation would amend 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).   This regulation would reinsert three educational subcategories still needed in the definition of ''degree in psychology'' which were inadvertently deleted by a prior rulemaking. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).   This proposal would amend the Board's current statement of policy regarding the Department of Health's licensing of substance abuse services provided by psychology practices to include the certification of pathological gambling services provided by psychologists. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).       This regulation would establish a schedule of civil penalties for the State Board of Psychology 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 Certified Real Estate Appraisers         --Certification of Appraisers and Licensure of Appraiser Trainees-- 49 Pa. Code Chapter 36 (number not yet assigned)	Summer 2009, as Proposed	The proposed rulemaking would implement the amendments to the Real Estate Appraisers Certification Act made by the Act of July 8, 2008 (P. L. 833, No. 59), and makes other amendments required to comply with a recent audit of the Appraisal Subcommittee, which identified areas of the Board's regulations that did not conform with AQB criteria. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).	Heidy Weirich (717) 783-3397
State Real Estate Commission         --Education-- 49 Pa. Code § 35.384, 35.385 (16A-5613)       --Fees-- 49 Pa. Code § 35.203 (16A-5615)             --Seller's Property Disclosure Statement-- 49 Pa. Code § 33.335a (16A-5618)   --Property Management-- 49 Pa. Code Chapter 35 (16A-5619)     --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.8 (number not yet assigned)	Spring 2009, as Proposed.         Spring 2009, as Proposed.             Spring 2009, as Proposed.       Summer 2009, as Proposed.     Spring 2009, as Proposed.	This 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.   The proposed regulation would amend current fees by consolidating the initial licensure fee charged to new applicants from a two-tiered structure to a single fee in order to allow the Commission to establish an online application in that the current system cannot accommodate a two-tiered fee structure. Statutory Authority: Sections 404 and 407 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.407.   This regulation would adopt 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 establish standards for licensees who engage in property management. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.     This regulation would amend the schedule of civil penalties for the State Real Estate Commission 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).	Patricia Ridley (717) 783-3658
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors   --Standards of Professional Conduct-- 49 Pa. Code Chapters 47, 48 and 49 (16A-6911)     --Hours of Supervised Clinical Experience-- 49 Pa. Code §§ 47.12c and 47.12d (16A-6916)         --Endorsement-- 49 Pa. Code Chapters 47, 48 and 49 (16A-6917)           --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2009, as Final.             Spring 2009, as Final (Proposed- omitted)             Spring 2009, as Proposed.               Spring 2009, as Proposed.	The regulation would establish a code of ethics and standards of professional conduct for social workers, clinical social workers, marriage and family therapists and professional counselors licensed by the board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).   This final-omitted rulemaking would implement the reduction in the number of required hours of supervised clinical experience from 3,600 to 3,000 as required by the Act of July 9, 2008 (P. L. ______ , No. 68). Statutory Authority: Section 4 of the Act of July 9, 2008 (P. L. ______ , No. 68) provides that the Board shall promulgate regulations to implement the amendments within three years of the effective date of the act. Act 68 is effective on September 7, 2008.   This proposed rulemaking would implement the endorsement provisions required by the Act of July 9, 2008 (P. L. ______ , No. 68). Statutory Authority: Section 4 of the Act of July 9, 2008 (P. L. ______ , No. 68) provides that the Board shall promulgate regulations to implement the amendments within three years of the effective date of the act. Act 68 is effective on September 7, 2008.   This regulation would establish a schedule of civil penalties for the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors to implement Act 48 civil penalties for practicing without a license or practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	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)   --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2009, as Proposed.         Spring 2009, as Proposed.	This regulation would 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).   This regulation would amend the schedule of civil penalties for the State Board of Speech-Language and Hearing 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).	Sandra Matter (717) 783-1389
State Board of Vehicle Manufacturers, Dealers and Salespersons   --Salesperson License-- 49 Pa. Code Chapter 19 (16A-609)	Spring 2009, as Proposed.	This regulation would clarify and update the requirements for salespersons in order to permit salespersons to sell at other locations of the same dealer. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).	Janice Cline (717) 783-1697
State 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)       --Responsibility to Clients and Patients-- 49 Pa. Code § 31.21 (16A-5722)   --Biennial Renewal Fees-- 49 Pa. Code § 31.41 (16A-5723)     --Schedule of Civil Penalties-- Veterinarians and Veterinary Technicians-- 49 Pa. Code § 43b.21a (number not yet assigned)	Summer 2009, as Proposed.         Summer 2009, as Proposed.           Spring 2009, as Final.             Summer 2009, as Proposed.         Spring 2009, as Proposed.         Spring 2009, as Proposed.	This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.     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.     This regulation would amend, update and clarify Principle 7 of the Rules of Professional Conduct for Veterinarians. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.     This regulation would provide for graduated increases in the biennial renewal fees for veterinarians and veterinary technicians. Statutory Authority: Section 13 of the Veterinary Medicine Practice Act, 63 P. S. § 485.13.   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.	Michelle Roberts (717) 783-7134
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 250.2. Time to appeal. (This proposed regulation will supersede 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.)	On November 25, 2008, SERS submitted a final-form rulemaking package to the Governor's Policy Office (GPO), the Office of General Counsel (OGC) and the Budget Office for review.	Current hearing regulations are inconsistent with operational practice supporting member-friendly service.	Paul Stahlnecker, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
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.)	On November 25, 2008, SERS submitted a final-form rulemaking package to the GPO, OGC and the Budget Office for review.	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   David Durbin (717) 783-7210
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.)	SERS' Board authorized going forward and it is in process as Regulation 31-7. SERS is reviewing the Independent Regulatory Review Commission (IRRC) staff comments of 7/2/08.	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   David Durbin (717) 783-7210
4 Pa. Code § 247.7(a). 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).)	On November 25, 2008, SERS submitted a final-form rulemaking package to the GPO, OGC and the Budget Office for review.	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.	Salvatore Darigo, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	SERS Board authorized going forward and it is in process as Regulation 31-13. SERS received OGC approval on 7/31/08 and is awaiting GPO and Budget review.	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, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 247.6(a) Termination of Annuities. (This proposed regulation would delete the 30-day requirement to elect multiple service.)	SERS' Board authorized going forward and it is in process as Regulation 31-10. SERS received OGC approval on 6/27/08, Budget approval on 8/5/08 and is awaiting review by the GOP.	The 30 day requirement in the regulation has been rendered obsolete by changes to SERS' enabling legislation.	Jill Vecchio, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
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.)	2009	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.	M. Catherine Nolan, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
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.)	2009	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   David Durbin (717) 783-7210
4 Pa. Code §§ 241.1; 247.7. Definitions. (The definition of ''Beneficiary'' would be amended to specify that the beneficiaries must be named rather than merely described.) Gender neutral terms would be substituted and an operational provision that is found elsewhere would be removed from this definitional section.	SERS' Board authorized going forward and they are in process as Regulations 31-8 and 31-11. SERS received OGC approval on 6/27/08, Budget approval on 8/5/08 and is awaiting review by the GPO.	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.	Jill Vecchio, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 241.2. Electronic submission of member documents and electronic benefit transactions.	SERS' Board authorized going forward and it is in process as Regulation 31-9. Due to comments by IRRC staff the matter has been pended.	This new regulation would provide for adoption of a policy by SERS to specify procedures for electronic member transactions consistent with Commonwealth practice and policy and include a hold harmless provision.	Jill Vecchio, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 243.8. Membership rules for educational employees.	2009	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   David Durbin (717) 783-7210
STATE POLICE
DNA Detection of Sexual and Violent Offenders 37 Pa. Code Chapter 58	June 2009, 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 2009, 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 subsequent and anticipated amendments 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
71--School Bus Drivers   67 Pa. Code Chapter 71	March 2009	The regulations will be updated and published for the second and final time which will clarify the requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association. The regulations are being updated to clarify the requirements for drivers that have cardiovascular conditions.	Scott Shenk (717) 783-5958
83--Physical & Mental Criteria--Including Vision Standards Relating to the Licensing of Drivers   67 Pa. Code Chapter 83	March 2009	The regulation will be updated and published for the second and final time which will clarify the requirements for diabetic drivers. This change will also incorporate the change required by HB1912, Act 756, passed July 15, 2004, that allows chiropractors to conduct exams for learner's permits. The regulations are being updated to clarify the requirements for drivers that have cardiovascular conditions.	Scott Shenk (717) 783-5958
471--Airport Rating & Licensing; 473--Aviation Development Grants; 477--Local Real Estate Tax Reimbursement Grants; 479--Obstructions to Aircraft   67 Pa. Code Chapters 471, 473, 477 and 479	May 2009	The various chapters of the regulation need to be updated as described below.   The purpose of the amendments to Chapter 471 is to provide clarification of requirements and provide greater flexibility in the licensing of various categories and types of landing facilities. The amendments provide the flexibility to accommodate various levels of airport operations and advances in technology that were not envisioned or available at the time the regulation was originally adopted.   The purpose of the amendments to Chapter 473 is to allow for increased flexibility for the Department in providing a higher state share for granted projects and allow for a more efficient use of the Aviation Development grant funds available.   The purpose of the amendments to Chapters 477 and 479 is to simplify and better organize these Chapters in relation to the Chapters 471 and 473. There were no substantive changes to these chapters.	Brian Gearhart (717) 705-1250
Completely New Regulation   67 Pa. Code Chapter (To Be Determined)	December 2008 as proposed rulemaking	Section 3116 of the Pennsylvania Vehicle Code provides the legal authority for the establishment of a pilot automated red light enforcement (ARLE) program within the City of Philadelphia. Section 3116(l)(2) says that the revenues remaining from ARLE fines, after deducting the system administrator's operation and maintenance costs, shall be deposited into the Motor License Fund and shall be used by the Department to develop, by regulation, a Transportation Enhancements Grant Program. Therefore, a completely new regulation is needed to establish the provisions of this new Transportation Enhancements Grant Program.	William Laubach (717) 787-9787
Chapter 427--Public Transportation (Act 44 of 2008)	May 2009	Act 44 of 2008, Chapter 15, Sustainable Mobility Options, authorizes almost all public transportation funding programs for the Commonwealth. The legislation requires the Department to develop regulations for several sections of the legislation. Act 44 offered the Department a two-year window to promulgate temporary regulations. The temporary regulations should be drafted by December 2008.	LaVerne Collins (717) 787-1214
Chapter xxx Automated Red Light Enforcement	April 2009	Required to establish a regulation for revenues generated by Automated red light enforcement. The revenues are now $3.2M	Glenn Rowe 787-3620
Chapter 459 Occupancy of Highways by Utilities	June 2009	Fees need updated	Glenn Rowe 787-3620

 

[Pa.B. Doc. No. 09-227. Filed for public inspection February 6, 2009, 9:00 a.m.]

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