Pennsylvania Bulletin

PA Bulletin, Doc. No. 10-1132b

[40 Pa.B. 3431]
[Saturday, June 19, 2010]

[Continued from previous Web Page]

STATE

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)

—Telephonic Testimony—
49 Pa. Code
Chapter 43b.
(number not yet assigned)

Fall 2010, as proposed.

This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. 182, 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, 35 P. S. § 637.5(b)(1)(ii), authorizes the Bureau to enforce the act.

This regulation would provide rules for the admission of testimony received by telephone at hearings conducted by boards/commissions or hearing examiners. Statutory Authority: Section 3(b) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2203(b), authorizes the Commissioner of Professional and Occupational Affairs to promulgate regulations setting forth the procedural rules to be followed in the conduct of hearings in disciplinary matters before a licensing board or commission.

Cynthia K. Montgomery
(717) 783-7200

State Board of Accountancy

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

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

—Civil Penalty Schedule—
Accountants—
49 Pa. Code
§ 43b.10a. (16-48)

Summer 2010, as proposed.

Spring 2011, as proposed.

Summer 2010, 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 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)

—Experience Requirement—
49 Pa. Code
§ 9.46 (16A-4120)

Spring 2011, as Proposed.

Fall 2010, 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).

This regulation would clarify the amount of experience a candidate must have as a prerequisite to being admitted to the license examination. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a).

Penny Walker
(717) 783-3397

State Board of Barber Examiners

—Student Records and Curriculum—
49 Pa. Code
Chapter 3 (16A-427)

—Fee—
49 Pa. Code § 3.103
(16A-428)

Summer 2010, as final.

Summer 2010, as proposed.

This regulation would amend the current regulations to allow for part-time attendance at barber schools; to allow for transfer of hours between a barber shop and a barber school or between barber shops regardless of whether the shop or school is in-state or out-of-state; to require shop owners and schools to submit a quarterly report of student hours to the Board; to require a shop owner, or a shop owner's designee, to notify the Board of each student to be trained in the shop. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b).

The proposed rulemaking would increase biennial renewal fees and fees for other board services. Statutory Authority: Section 14 of the Barbers License Law, 63 P. S. § 564.

Kelly Diller
(717) 783-3402

State Board of Chiropractic

—Chiropractic specialties—
49 Pa. Code
Chapter 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)

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

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

—Volunteer license—
49 Pa. Code § 5.20
(number not yet assigned)

Fall 2010, as proposed.

Spring 2011, as final.

Spring 2011, as final.

Fall 2010, as final.

Fall 2010, as final.

Fall 2010, as final (proposed- omitted).

The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. This 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 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).

This 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.

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)

Fall 2010, 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

—Fees—
49 Pa. Code § 7.2
(16A-4515)

—Sanitation—
49 Pa. Code
Chapter 7
(16A-4516)

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

Fall 2010, as proposed.

Fall 2010, as proposed.

Fall 2010, as proposed.

The proposed regulation would increase biennial renewal fees for all licensee classifications and would increase certain application fees where the current fees have been determined to be inadequate. Statutory Authority: Section 16(d) of the Beauty Culture Law, 63 P. S. § 522(d), requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to match expenditures over a 2-year period.

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).

Kelly Diller
(717) 783-7130

State Board of Crane Operators

—Implementation of the Crane Operator Licensure Act—
49 Pa. Code
Chapter 36
(16A-7101)

Summer 2010, 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. 1363, No. 100), 63 P. S. § 2400.2102.

Penny Walker
(717) 783-3397

State Board of Dentistry

—EFDA Program Approval—
49 Pa. Code
Chapter 33
(16A-4616)

—Anesthesia Update—
49 Pa. Code,
Subchapter E,
§§ 33.331—33.342
(16A-4621)

Fall 2010, as final.

Fall 2010, as proposed.

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 would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices. Statutory Authority: Sections 3(o) and 11.2 of the Dental Law, 63 P. S. §§ 122(o) and 130c.

Lisa Burns
(717) 783-7162

—EFDA Scope of Practice—
49 Pa. Code § 33.205a.
(16A-4624)

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

Fall 2010, as proposed.

Spring 2010, as final (proposed- omitted).
This proposed rulemaking implements the act of April 29, 2010 (P. L. __ , No. 19), which amended the Dental Law to expand the scope of practice for expanded function dental assistants. Statutory Authority: The proposed rulemaking is authorized by section 4 of the act of April 29, 2010 (P. L. __ , No. 19), which requires the Board to promulgate regulations within 18 months of its effective date (June 28, 2010); and by section 3(d.1) and (o) of the Dental Law (act), 63 P. S. § 122(d.1) 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).

State Registration Board for Professional Engineers, Land Surveyors and Geologists

—General Revisions—
49 Pa. Code
Chapter 37 (16A-479)

—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)

Fall 2010, as proposed.

Fall 2010, as final.

Fall 2010, as final.

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 regulation 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 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

—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)

—Supervision at Funeral Services—
49 Pa. Code § 13.215
(number not yet assigned)

Fall 2010, as final.

Fall 2010, as final.

Summer 2010, as proposed.

This regulation 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 regulation 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).

The proposed rulemaking would update the Board's regulations to address current practice. Statutory Authority: Sections 11(a)(5) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(5) and 479.16(a).

Heidy Weirich
(717) 783-3397

State Board of Landscape Architects

—Biennial Renewal Fees—
49 Pa. Code § 15.12
(16A-619)

—Licensure Requirements and Continuing Education—
49 Pa. Code
Chapter 15
(16A-6110)

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

Fall 2010, as final.

Fall 2010, as proposed.

Spring 2011, as proposed.

This proposed regulation would increase the biennial registration fee for landscape architects from $125 to $194. Statutory Authority: Section 5 of the Landscape Architects' Registration Law, 63 P. S. § 905.

This proposed regulation would implement the act of July 17, 2009 (P. L. 94, No. 24). Statutory Authority: Section 4(9) of the Landscape Architects' Registration law, 63 P. S. § 904(9).

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
(16A-7201)

Fall 2010, as final.

This regulation is required to implement the Massage Therapy Law, act of October 9, 2008 (P. L. 1438, No. 118). Statutory Authority: Section 50 of the Massage Therapy Law, 63 P. S. § 627.50, requires the Board to promulgate regulations within 18 months.

Judy Harner
(717) 783-7155

State Board of Medicine

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

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

—Behavior Specialists—
49 Pa. Code
Chapter 18
(16A-4929)

—Licensure of Respiratory Therapists and Physician Assistants—
49 Pa. Code
Chapter 18
(16A-4930)

Fall 2010, as proposed.

Fall 2010, as proposed.

Fall 2010, as final.

Fall 2010, as proposed.

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 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 implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. 885, No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. 885, 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.

The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. 580, No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 580, No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments within 18 months.

Tammy Radel
(717) 783-1400

—Perfusionists—
49 Pa. Code
Chapter 18, Subchapter J
(16A-4931)

—Schedule of Civil Penalties—
49 Pa. Code
Chapter 43b, § 43b.20.
(number not yet assigned) Spring 2011, as final.

Fall 2010, as proposed. 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. 154, 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.

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)

—Updated Applications—
49 Pa. Code § 21.151
(16A-5134)

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

Spring 2011, as final.

Fall 2010, as proposed.

Fall 2010, 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.

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.

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 Nurse 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.

Ann Steffanic
(717) 783-7142

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

—Out of State Nursing Education Programs using Pennsylvania Clinical Sites—
49 Pa. Code
Chapter 21
(16A-5137)

—Fees for Nursing Education Programs—
49 Pa. Code
Chapter 21
(number not yet assigned Fall 2010, as final.

Spring 2011, as proposed.

Fall 2010, as proposed. 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 Nurse Law, 63 P. S. § 667.5, set forth the authority to set fees by regulation.

This regulation will require out of state educational programs that intend to place nursing students in Pennsylvania facilities for clinical education with a Pennsylvania licensed nurse preceptor to apply to the Board for permission to utilize the clinical site. This same requirement is placed on Pennsylvania nursing education programs. Statutory Authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1 and Section 9 of the Practical Nurse Law, 63 P. S. § 659.

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. Ann Steffanic
(717) 783-7142

—Volunteer License—
49 Pa. Code
Chapter 21, Subchapter F,
§§ 21.601—21.607
(number not yet assigned) Fall 2010, as final (proposed- omitted).
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).

State Board of Examiners of Nursing Home Administrators

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

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

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

Fall 2010, as proposed.

Fall 2010, as proposed

Fall 2010, as proposed.

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 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)

Summer 2010, as proposed.

The proposed rulemaking would 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)

Fall 2010, 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).

Deborah Smith
(717) 783-7155

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) Fall 2010, as proposed.

Fall 2010, as final (proposed- omitted). 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).

State Board of Osteopathic Medicine

—Miscellaneous Provisions—
49 Pa. Code
Chapter 25
(16A-5319)

—Licensure of Respiratory Therapists and Physician Assistants—
49 Pa. Code
Chapter 25
(16A-5320)

—Perfusionists—
49 Pa. Code
Chapter 25
(16A-5321)

—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)

Fall 2010, as proposed.

Fall 2010, as proposed.

Spring 2011, as final.

Fall 2010, as final (proposed- omitted).

Fall 2010, as proposed.

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 implements the amendments made to the Osteopathic Medical Practice Act by the Act of July 4, 2008 (P. L. 589, No. 46) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 589, No. 46) requires the Board and the State Board of Medicine to jointly promulgate regulations to implement the amendments within 18 months.

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. 161, 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.

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) of Act 48 of 1993, 63 P. S. § 2205(a).

Gina Bittner
(717) 783-4858

State Board of Pharmacy

—Compounding Practices—
49 Pa. Code
Chapter 27
(16A-5419)

—Cancer Drug Repository Program—
49 Pa. Code
Chapter 27
(16A-5423)

—Pharmacy Internship—
49 Pa. Code
Chapter 27
(16A-5424)

—Schedule of Civil Penalties—
49 Pa. Code
Chapter 43b, § 43b.7
(number not yet assigned)

Spring 2011, as proposed.

Summer 2010, as proposed.

Fall 2010, as proposed.

Fall 2010, as proposed.

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.

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. 139, 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.

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

—Continuing Education Providers—
49 Pa. Code § 40.63
(16A-6513)

—Act 38 Revisions—
49 Pa. Code
Chapter 40
(16A-6514)

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

Fall 2010, as final.

Fall 2010, as proposed.

Fall 2010, as proposed.

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).

The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. 293, No. 38). Statutory authority: Section 16 of the Act of July 4, 2008 (P. L. 293, 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 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)

Fall 2010, as proposed.

Fall 2010, as final.

Fall 2010, as proposed.

Fall 2010, 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

—Continuing Education—
49 Pa. Code § 41.59
(16A-6317)

—Code of Conduct—
49 Pa. Code § 41.61
(16A-6318)

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

Fall 2010, as proposed.

Fall 2010, as proposed.

Fall 2010, as proposed.

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 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

Continuing Education Enforcement—
49 Pa. Code
§§ 36.41 and 36.241
(16A-7016)

Fall 2010, as proposed.

The proposed rulemaking establishes procedures for the enforcement of noncompliance with continuing education requirements. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).

Heidy Weirich
(717) 783-3397

Schedule of Civil Penalties—
Real Estate Appraisers—
49 Pa. Code § 43b.15a
(16-49) Fall 2010, as proposed. The proposed rulemaking will codify and amend the Board's current schedule of civil penalties statement of policy. 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, with the approval of the Board.

State Real Estate Commission

—Education—
49 Pa. Code
§ 35.384 and 35.385
(16A-5613)

—Initial Licensure 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)

—Advertising and Solicitation—
49 Pa. Code § 35.305
(16A-5620)

—Schedule of Civil Penalties—
49 Pa. Code
Chapter 43b, § 43b.8
(number not yet assigned)

Fall 2010, as proposed.

Fall 2010, as final.

Fall 2010, as final.

Fall 2010, as proposed.

Fall 2010, as proposed.

Fall 2010, 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 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.

The proposed regulation would require licensees to advertise or otherwise hold themselves out to the public only under the name listed on their licenses. 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)

—Implementation of Act 68 of 2008; Hours of Supervised Clinical Experience and Licensure by Endorsement—
49 Pa. Code
Chapters 47, 48 and 19
(16A-6916)

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

Fall 2010, as final.

Fall 2010, as final.

Fall 2010, 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 proposed rulemaking would implement the reduction in the number of required hours of supervised clinical experience from 3,600 to 3,000 and provide for licensure by endorsement as required by the Act of July 9, 2008 (P. L. 929, No. 68). Statutory Authority: Section 4 of the Act of July 9, 2008 (P. L. 929, 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)

Fall 2010, as proposed.

Fall 2010, as final.

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)

—Fee for Out-of-state RV Dealer Participating in a Show—
49 Pa. Code § 19.4
(number not yet assigned)

Fall 2010, as proposed.

Fall 2010, 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).

This regulation would establish a fee for processing applications under section 32.1(c) of the act, 63 P. S. § 818.32a(c), for out-of-state RV dealers to register with the Board in order to participate in an RV show in this Commonwealth. Statutory Authority: Sections 4(9) and 32.1(c) of the Board of Vehicles Act, 63 P. S. §§ 818.4(9) and 818.32.1(c).

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)

—Licensure, Continuing Education—
49 Pa. Code
Chapter 31
(16A-5724)

—Schedule of Civil Penalties—
Veterinarians and Veterinary Technicians—
49 Pa. Code
§ 43b.21a
(16A-51)

Fall 2010, as proposed.

Fall 2010, as proposed.

Summer 2010, as proposed.

Spring 2010, 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.

The proposed regulation would update the Board's regulations with regard to original licensure, temporary permits, license renewal and continuing education. Statutory Authority: Sections 5(2), 8, 11 and 18 of the Veterinary Medicine Practice Act (act) (63 P. S. §§ 485.5(2), 485.8, 485.11 and 485.18).

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, with the approval of the Board.

Michelle Roberts
(717) 783-7134

STATE EMPLOYEES' RETIREMENT SYSTEM

4 Pa. Code § 247.11. Priority of forfeitures, 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.) The final rulemaking package is proceeding consistent with the CDL. 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 § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.) The proposed rulemaking package is proceeding consistent with the CDL and the requirements of 4 Pa. Code § 247.11. 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 § 247.51. Time for Recomputation of Annuity. (The proposed language would impose a time limit for annuitants to change the optional payment plan authorized by the second to the last sentence of 71 Pa.C.S. § 5907(j).) 2010 This new regulation would provide guidance on when an annuitant is permitted to change their optional payment plan. There is no time frame in the statute for this election to occur causing administrative difficulties including permitting anti-selection of death benefits, requiring members to make a declaration under discontinued disability benefits and negating an option change absent another qualifying event. Brian McDonough, 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.) 2011 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 § 243.8. Membership rules for educational employees. 2011 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

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.) 2011 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

STATE POLICE

DNA Detection of Sexual and Violent Offenders.
37 Pa. Code
Chapter 58 June 2011, 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 2011, 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 chairperson and minority chairperson 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

43—Temporary Registration Cards and Plates

67 Pa. Code
Chapter 43 December 2010. Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes 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

175—Vehicle Equipment and Inspection

67 Pa. Code
Chapter 175 December 2010. Many changes are needed to bring the regulations in line with changes in the Vehicle Code. Other changes are being proposed to add convenience for customers, to update forms and processes, to accommodate changes in vehicle technology and to implement an initiative to update recertification requirements for safety inspectors and electronic recordkeeping of vehicle safety inspection findings. The regulation revisions also propose to eliminate the issuance of refunds for unused inspection stickers, which would be a savings to the Commonwealth. John Munafo
(717) 787-2171

21—Odometer Read Disclosure Statements

67 Pa. Code
Chapter 21 December 2010. 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 December 2010. The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S. § 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

17—Authorization to Verify ID Numbers

67 Pa. Code
Chapter 17 December 2010. Changes are 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

71—School Bus Drivers

67 Pa. Code
Chapter 71 July 2010. The regulations will be updated and published for the second and final time, which will clarify the requirements for diabetic drivers. Scott Shenk
(717) 783-5958

83—Physical & Mental Criteria—Including Vision Standards Relating to the Licensing of Drivers

67 Pa. Code
Chapter 83 July 2010. The regulation will be updated and published for the second and final time, which will update 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. Scott Shenk
(717) 783-5958

84—Dual Control Learner's Permit

67 Pa. Code
Chapter 84 September 2010. The regulation is being updated to clarify the requirements for issuing a dual control learner's permit. Scott Shenk
(717) 783-5958

105—Mechanical Electrical and Electronic Speed Timing Devices

67 Pa. Code
Chapter 105 August 2010. The regulations are being updated to reflect changes in equipment technology relating to calibration and maintenance of speed timing devices used for law enforcement purposes and to delete references to obsolete equipment and calibration procedures. John Munafo
(717) 787-2171

255—Messenger Services

67 Pa. Code
Chapter 255 December 2010. Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes 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

471—Airport Rating & Licensing;
47—Aviation Development Grants;
477—Local Real Estate Tax Reimbursement Grants;
479—Obstructions to Aircraft

67 Pa. Code
Chapters 471, 473, 477 and 479
July 2010. The various chapters of the regulation need to be updated as described as follows.

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

Chapter 427—Public Transportation
(Act 44 of 2008)
October 2010. 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. The temporary regulations were published in the Pennsylvania Bulletin on July 18, 2009. Permanent regulations must be published by July 18, 2011. Additional sections will be added to the temporary regulations and some sections in the temporary regulations will be revised/updated. LaVerne Collins
(717) 787-1214

Chapter 175.96—
Vehicle Equipment and Inspection Regulations September 2010. The motor vehicle code does not allow for the utilization of laser guided systems which is an innovative technology that could be used to increase quality, efficiency, and safety associated with snow plow and line painting operations. We are seeking approval to insert the language ''Laser guided systems for use during plowing operations are authorized'' into the Medium and Heavy Trucks and Buses section of Pub 45, Vehicle Equipment and Inspection Regulations, Chapter 175.96(h) as it pertains to Department operations. James Smith
(717) 787-4299

Chapter 233
Automated Red Light Enforcement September 2010. 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. Glenn Rowe
(717) 787-3620

[Pa.B. Doc. No. 10-1132. Filed for public inspection June 18, 2010, 9:00 a.m.]

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*STATE*
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) —Telephonic Testimony— 49 Pa. Code Chapter 43b. (number not yet assigned)	Fall 2010, as proposed.	This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. 182, 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, 35 P. S. § 637.5(b)(1)(ii), authorizes the Bureau to enforce the act. This regulation would provide rules for the admission of testimony received by telephone at hearings conducted by boards/commissions or hearing examiners. Statutory Authority: Section 3(b) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2203(b), authorizes the Commissioner of Professional and Occupational Affairs to promulgate regulations setting forth the procedural rules to be followed in the conduct of hearings in disciplinary matters before a licensing board or commission.	Cynthia K. Montgomery (717) 783-7200
State Board of Accountancy —Continuing Education— 49 Pa. Code §§ 11.61—11.69a (16A-5511) —General Revisions— 49 Pa. Code Chapter 11 (number not yet assigned) —Civil Penalty Schedule— Accountants— 49 Pa. Code § 43b.10a. (16-48)	Summer 2010, as proposed. Spring 2011, as proposed. Summer 2010, 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 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) —Experience Requirement— 49 Pa. Code § 9.46 (16A-4120)	Spring 2011, as Proposed. Fall 2010, 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). This regulation would clarify the amount of experience a candidate must have as a prerequisite to being admitted to the license examination. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a).	Penny Walker (717) 783-3397
State Board of Barber Examiners —Student Records and Curriculum— 49 Pa. Code Chapter 3 (16A-427) —Fee— 49 Pa. Code § 3.103 (16A-428)	Summer 2010, as final. Summer 2010, as proposed.	This regulation would amend the current regulations to allow for part-time attendance at barber schools; to allow for transfer of hours between a barber shop and a barber school or between barber shops regardless of whether the shop or school is in-state or out-of-state; to require shop owners and schools to submit a quarterly report of student hours to the Board; to require a shop owner, or a shop owner's designee, to notify the Board of each student to be trained in the shop. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b). The proposed rulemaking would increase biennial renewal fees and fees for other board services. Statutory Authority: Section 14 of the Barbers License Law, 63 P. S. § 564.	Kelly Diller (717) 783-3402
State Board of Chiropractic —Chiropractic specialties— 49 Pa. Code Chapter 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) —Continuing Education Violations— 49 Pa. Code § 5.77 (16A-4318) —Schedule of Civil Penalties— Chiropractors 49 Pa. Code Chapter 43b (16-44) —Volunteer license— 49 Pa. Code § 5.20 (number not yet assigned)	Fall 2010, as proposed. Spring 2011, as final. Spring 2011, as final. Fall 2010, as final. Fall 2010, as final. Fall 2010, as final (proposed- omitted).	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. This 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 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). This 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. 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)	Fall 2010, 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 —Fees— 49 Pa. Code § 7.2 (16A-4515) —Sanitation— 49 Pa. Code Chapter 7 (16A-4516) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.5. (number not yet assigned)	Fall 2010, as proposed. Fall 2010, as proposed. Fall 2010, as proposed.	The proposed regulation would increase biennial renewal fees for all licensee classifications and would increase certain application fees where the current fees have been determined to be inadequate. Statutory Authority: Section 16(d) of the Beauty Culture Law, 63 P. S. § 522(d), requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to match expenditures over a 2-year period. 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).	Kelly Diller (717) 783-7130
State Board of Crane Operators —Implementation of the Crane Operator Licensure Act— 49 Pa. Code Chapter 36 (16A-7101)	Summer 2010, 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. 1363, No. 100), 63 P. S. § 2400.2102.	Penny Walker (717) 783-3397
State Board of Dentistry —EFDA Program Approval— 49 Pa. Code Chapter 33 (16A-4616) —Anesthesia Update— 49 Pa. Code, Subchapter E, §§ 33.331—33.342 (16A-4621)	Fall 2010, as final. Fall 2010, as proposed.	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 would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices. Statutory Authority: Sections 3(o) and 11.2 of the Dental Law, 63 P. S. §§ 122(o) and 130c.	Lisa Burns (717) 783-7162
—EFDA Scope of Practice— 49 Pa. Code § 33.205a. (16A-4624) —Volunteer License— 49 Pa. Code § 33.110 (Number not yet assigned)	Fall 2010, as proposed. Spring 2010, as final (proposed- omitted).	This proposed rulemaking implements the act of April 29, 2010 (P. L. __ , No. 19), which amended the Dental Law to expand the scope of practice for expanded function dental assistants. Statutory Authority: The proposed rulemaking is authorized by section 4 of the act of April 29, 2010 (P. L. __ , No. 19), which requires the Board to promulgate regulations within 18 months of its effective date (June 28, 2010); and by section 3(d.1) and (o) of the Dental Law (act), 63 P. S. § 122(d.1) 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).
State Registration Board for Professional Engineers, Land Surveyors and Geologists —General Revisions— 49 Pa. Code Chapter 37 (16A-479) —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)	Fall 2010, as proposed. Fall 2010, as final. Fall 2010, as final.	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 regulation 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 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 —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) —Supervision at Funeral Services— 49 Pa. Code § 13.215 (number not yet assigned)	Fall 2010, as final. Fall 2010, as final. Summer 2010, as proposed.	This regulation 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 regulation 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). The proposed rulemaking would update the Board's regulations to address current practice. Statutory Authority: Sections 11(a)(5) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(5) and 479.16(a).	Heidy Weirich (717) 783-3397
State Board of Landscape Architects —Biennial Renewal Fees— 49 Pa. Code § 15.12 (16A-619) —Licensure Requirements and Continuing Education— 49 Pa. Code Chapter 15 (16A-6110) —Schedule of Civil Penalties— Landscape Architects 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2010, as final. Fall 2010, as proposed. Spring 2011, as proposed.	This proposed regulation would increase the biennial registration fee for landscape architects from $125 to $194. Statutory Authority: Section 5 of the Landscape Architects' Registration Law, 63 P. S. § 905. This proposed regulation would implement the act of July 17, 2009 (P. L. 94, No. 24). Statutory Authority: Section 4(9) of the Landscape Architects' Registration law, 63 P. S. § 904(9). 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 (16A-7201)	Fall 2010, as final.	This regulation is required to implement the Massage Therapy Law, act of October 9, 2008 (P. L. 1438, No. 118). Statutory Authority: Section 50 of the Massage Therapy Law, 63 P. S. § 627.50, requires the Board to promulgate regulations within 18 months.	Judy Harner (717) 783-7155
State Board of Medicine —General Revisions— 49 Pa. Code Chapters 16, 17 and 18 (16A-4925) —Clarification of Medicine and Surgery— 49 Pa. Code Chapters 16 and 17 (16A-4927) —Behavior Specialists— 49 Pa. Code Chapter 18 (16A-4929) —Licensure of Respiratory Therapists and Physician Assistants— 49 Pa. Code Chapter 18 (16A-4930)	Fall 2010, as proposed. Fall 2010, as proposed. Fall 2010, as final. Fall 2010, as proposed.	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 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 implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. 885, No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. 885, 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. The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. 580, No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 580, No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments within 18 months.	Tammy Radel (717) 783-1400
—Perfusionists— 49 Pa. Code Chapter 18, Subchapter J (16A-4931) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.20. (number not yet assigned)	Spring 2011, as final. Fall 2010, as proposed.	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. 154, 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. 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) —Updated Applications— 49 Pa. Code § 21.151 (16A-5134) —Reactivation/ Re-licensure after Lapse— 49 Pa. Code Chapter 21 (16A-5135)	Spring 2011, as final. Fall 2010, as proposed. Fall 2010, 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. 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. 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 Nurse 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.	Ann Steffanic (717) 783-7142
—Biennial Renewal Fee— 49 Pa. Code Chapter 21 (16A-5136) —Out of State Nursing Education Programs using Pennsylvania Clinical Sites— 49 Pa. Code Chapter 21 (16A-5137) —Fees for Nursing Education Programs— 49 Pa. Code Chapter 21 (number not yet assigned	Fall 2010, as final. Spring 2011, as proposed. Fall 2010, as proposed.	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 Nurse Law, 63 P. S. § 667.5, set forth the authority to set fees by regulation. This regulation will require out of state educational programs that intend to place nursing students in Pennsylvania facilities for clinical education with a Pennsylvania licensed nurse preceptor to apply to the Board for permission to utilize the clinical site. This same requirement is placed on Pennsylvania nursing education programs. Statutory Authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1 and Section 9 of the Practical Nurse Law, 63 P. S. § 659. 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.	Ann Steffanic (717) 783-7142
—Volunteer License— 49 Pa. Code Chapter 21, Subchapter F, §§ 21.601—21.607 (number not yet assigned)	Fall 2010, as final (proposed- omitted).	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).
State Board of Examiners of Nursing Home Administrators —Sexual Misconduct— 49 Pa. Code §§ 39.1 and 39.9 (16A-6211) —Continued Competence— 49 Pa. Code Chapter 39 (16A-6213) Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.17 (number not yet assigned)	Fall 2010, as proposed. Fall 2010, as proposed Fall 2010, as proposed.	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 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)	Summer 2010, as proposed.	The proposed rulemaking would 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)	Fall 2010, 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).	Deborah Smith (717) 783-7155
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)	Fall 2010, as proposed. Fall 2010, as final (proposed- omitted).	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).
State Board of Osteopathic Medicine —Miscellaneous Provisions— 49 Pa. Code Chapter 25 (16A-5319) —Licensure of Respiratory Therapists and Physician Assistants— 49 Pa. Code Chapter 25 (16A-5320) —Perfusionists— 49 Pa. Code Chapter 25 (16A-5321) —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)	Fall 2010, as proposed. Fall 2010, as proposed. Spring 2011, as final. Fall 2010, as final (proposed- omitted). Fall 2010, as proposed.	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 implements the amendments made to the Osteopathic Medical Practice Act by the Act of July 4, 2008 (P. L. 589, No. 46) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 589, No. 46) requires the Board and the State Board of Medicine to jointly promulgate regulations to implement the amendments within 18 months. 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. 161, 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. 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) of Act 48 of 1993, 63 P. S. § 2205(a).	Gina Bittner (717) 783-4858
State Board of Pharmacy —Compounding Practices— 49 Pa. Code Chapter 27 (16A-5419) —Cancer Drug Repository Program— 49 Pa. Code Chapter 27 (16A-5423) —Pharmacy Internship— 49 Pa. Code Chapter 27 (16A-5424) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.7 (number not yet assigned)	Spring 2011, as proposed. Summer 2010, as proposed. Fall 2010, as proposed. Fall 2010, as proposed.	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. 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. 139, 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. 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 —Continuing Education Providers— 49 Pa. Code § 40.63 (16A-6513) —Act 38 Revisions— 49 Pa. Code Chapter 40 (16A-6514) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2010, as final. Fall 2010, as proposed. Fall 2010, as proposed.	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). The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. 293, No. 38). Statutory authority: Section 16 of the Act of July 4, 2008 (P. L. 293, 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 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)	Fall 2010, as proposed. Fall 2010, as final. Fall 2010, as proposed. Fall 2010, 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 —Continuing Education— 49 Pa. Code § 41.59 (16A-6317) —Code of Conduct— 49 Pa. Code § 41.61 (16A-6318) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2010, as proposed. Fall 2010, as proposed. Fall 2010, as proposed.	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 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 Continuing Education Enforcement— 49 Pa. Code §§ 36.41 and 36.241 (16A-7016)	Fall 2010, as proposed.	The proposed rulemaking establishes procedures for the enforcement of noncompliance with continuing education requirements. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).	Heidy Weirich (717) 783-3397
Schedule of Civil Penalties— Real Estate Appraisers— 49 Pa. Code § 43b.15a (16-49)	Fall 2010, as proposed.	The proposed rulemaking will codify and amend the Board's current schedule of civil penalties statement of policy. 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, with the approval of the Board.
State Real Estate Commission —Education— 49 Pa. Code § 35.384 and 35.385 (16A-5613) —Initial Licensure 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) —Advertising and Solicitation— 49 Pa. Code § 35.305 (16A-5620) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.8 (number not yet assigned)	Fall 2010, as proposed. Fall 2010, as final. Fall 2010, as final. Fall 2010, as proposed. Fall 2010, as proposed. Fall 2010, 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 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. The proposed regulation would require licensees to advertise or otherwise hold themselves out to the public only under the name listed on their licenses. 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) —Implementation of Act 68 of 2008; Hours of Supervised Clinical Experience and Licensure by Endorsement— 49 Pa. Code Chapters 47, 48 and 19 (16A-6916) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2010, as final. Fall 2010, as final. Fall 2010, 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 proposed rulemaking would implement the reduction in the number of required hours of supervised clinical experience from 3,600 to 3,000 and provide for licensure by endorsement as required by the Act of July 9, 2008 (P. L. 929, No. 68). Statutory Authority: Section 4 of the Act of July 9, 2008 (P. L. 929, 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)	Fall 2010, as proposed. Fall 2010, as final.	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) —Fee for Out-of-state RV Dealer Participating in a Show— 49 Pa. Code § 19.4 (number not yet assigned)	Fall 2010, as proposed. Fall 2010, 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). This regulation would establish a fee for processing applications under section 32.1(c) of the act, 63 P. S. § 818.32a(c), for out-of-state RV dealers to register with the Board in order to participate in an RV show in this Commonwealth. Statutory Authority: Sections 4(9) and 32.1(c) of the Board of Vehicles Act, 63 P. S. §§ 818.4(9) and 818.32.1(c).	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) —Licensure, Continuing Education— 49 Pa. Code Chapter 31 (16A-5724) —Schedule of Civil Penalties— Veterinarians and Veterinary Technicians— 49 Pa. Code § 43b.21a (16A-51)	Fall 2010, as proposed. Fall 2010, as proposed. Summer 2010, as proposed. Spring 2010, 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. The proposed regulation would update the Board's regulations with regard to original licensure, temporary permits, license renewal and continuing education. Statutory Authority: Sections 5(2), 8, 11 and 18 of the Veterinary Medicine Practice Act (act) (63 P. S. §§ 485.5(2), 485.8, 485.11 and 485.18). 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, with the approval of the Board.	Michelle Roberts (717) 783-7134
*STATE EMPLOYEES' RETIREMENT SYSTEM*
4 Pa. Code § 247.11. Priority of forfeitures, 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.)	The final rulemaking package is proceeding consistent with the CDL.	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 § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	The proposed rulemaking package is proceeding consistent with the CDL and the requirements of 4 Pa. Code § 247.11.	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 § 247.51. Time for Recomputation of Annuity. (The proposed language would impose a time limit for annuitants to change the optional payment plan authorized by the second to the last sentence of 71 Pa.C.S. § 5907(j).)	2010	This new regulation would provide guidance on when an annuitant is permitted to change their optional payment plan. There is no time frame in the statute for this election to occur causing administrative difficulties including permitting anti-selection of death benefits, requiring members to make a declaration under discontinued disability benefits and negating an option change absent another qualifying event.	Brian McDonough, 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.)	2011	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 § 243.8. Membership rules for educational employees.	2011	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
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.)	2011	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
*STATE POLICE*
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	June 2011, 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 2011, 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 chairperson and minority chairperson 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
43—Temporary Registration Cards and Plates 67 Pa. Code Chapter 43	December 2010.	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes 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
175—Vehicle Equipment and Inspection 67 Pa. Code Chapter 175	December 2010.	Many changes are needed to bring the regulations in line with changes in the Vehicle Code. Other changes are being proposed to add convenience for customers, to update forms and processes, to accommodate changes in vehicle technology and to implement an initiative to update recertification requirements for safety inspectors and electronic recordkeeping of vehicle safety inspection findings. The regulation revisions also propose to eliminate the issuance of refunds for unused inspection stickers, which would be a savings to the Commonwealth.	John Munafo (717) 787-2171
21—Odometer Read Disclosure Statements 67 Pa. Code Chapter 21	December 2010.	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	December 2010.	The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S. § 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
17—Authorization to Verify ID Numbers 67 Pa. Code Chapter 17	December 2010.	Changes are 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
71—School Bus Drivers 67 Pa. Code Chapter 71	July 2010.	The regulations will be updated and published for the second and final time, which will clarify the requirements for diabetic drivers.	Scott Shenk (717) 783-5958
83—Physical & Mental Criteria—Including Vision Standards Relating to the Licensing of Drivers 67 Pa. Code Chapter 83	July 2010.	The regulation will be updated and published for the second and final time, which will update 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.	Scott Shenk (717) 783-5958
84—Dual Control Learner's Permit 67 Pa. Code Chapter 84	September 2010.	The regulation is being updated to clarify the requirements for issuing a dual control learner's permit.	Scott Shenk (717) 783-5958
105—Mechanical Electrical and Electronic Speed Timing Devices 67 Pa. Code Chapter 105	August 2010.	The regulations are being updated to reflect changes in equipment technology relating to calibration and maintenance of speed timing devices used for law enforcement purposes and to delete references to obsolete equipment and calibration procedures.	John Munafo (717) 787-2171
255—Messenger Services 67 Pa. Code Chapter 255	December 2010.	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes 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
471—Airport Rating & Licensing; 47—Aviation Development Grants; 477—Local Real Estate Tax Reimbursement Grants; 479—Obstructions to Aircraft 67 Pa. Code Chapters 471, 473, 477 and 479	July 2010.	The various chapters of the regulation need to be updated as described as follows. 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
Chapter 427—Public Transportation (Act 44 of 2008)	October 2010.	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. The temporary regulations were published in the Pennsylvania Bulletin on July 18, 2009. Permanent regulations must be published by July 18, 2011. Additional sections will be added to the temporary regulations and some sections in the temporary regulations will be revised/updated.	LaVerne Collins (717) 787-1214
Chapter 175.96— Vehicle Equipment and Inspection Regulations	September 2010.	The motor vehicle code does not allow for the utilization of laser guided systems which is an innovative technology that could be used to increase quality, efficiency, and safety associated with snow plow and line painting operations. We are seeking approval to insert the language ''Laser guided systems for use during plowing operations are authorized'' into the Medium and Heavy Trucks and Buses section of Pub 45, Vehicle Equipment and Inspection Regulations, Chapter 175.96(h) as it pertains to Department operations.	James Smith (717) 787-4299
Chapter 233 Automated Red Light Enforcement	September 2010.	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.	Glenn Rowe (717) 787-3620

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