Pennsylvania Bulletin

PA Bulletin, Doc. No. 11-1111b

[41 Pa.B. 3614]
[Saturday, July 2, 2011]

[Continued from previous Web Page]

Regulation Being Considered Proposed Date
of Promulgation Need and Legal Basis for Action Agency Contact

State Board of Medicine (cont'd)

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

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

Certified Midwives—
49 Pa. Code
Chapter 18 (16A-4932)

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

Navigation Commission for the Delaware River and its Navigable Tributaries—
General Revisions—
4 Pa. Code §§ 405.7, 405.8 and 405.12 (16A-663)

Fall 2011, as Proposed.

Fall 2011, as Final.

Fall 2011, as Proposed.

Fall 2011, as Proposed.

Fall 2011, as Proposed

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.

The 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.

The proposed rulemaking would provide for the licensure of ''certified'' midwives as suggested by the Commonwealth Court's decision in Goslin v. State Board of Medicine, 949 A.2d 372. Statutory Authority: Sections 1and 2 of the Midwife Registration Law of 1929, 63 P. S. §§ 171 and 172, and section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, make it unlawful to practice as a midwife without a certificate from the Medical Board and authorize the Board to issue rules and regulations as may be necessary for the examination, licensing, and proper conduct of the practice of midwifery by midwives.

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).

The proposed rulemaking would require all currently licensed pilots to hold and maintain an active Federal first class pilot's license and endorsement for the routes to be traversed. Statutory Authority: Section 4 of the Act of March 29, 1803 (P. L. 542), 55 P. S. § 31, and section 2504-B(4) of the Administrative Code of 1929, 71 P. S. § 670.2(4).

Barbara Dupler
717-783-1618

State Board of Nursing

—LPN / IV Therapy—
49 Pa. Code § 21.145 (16A-5122)

—Application Procedures
49 Pa. Code § 21.151 (16A-5134)

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

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

Volunteer License—
49 Pa. Code
Chapter 21, Subchapter F, §§ 21.601—21.607. (number not
yet assigned)

Fall 2011, as Final.

Fall 2011, as Proposed.

Fall 2011, as Proposed

Fall 2011, as Proposed.

Fall 2011, as Proposed.

Fall 2011, as Final (Proposed-
omitted).

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.

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.

This regulation would amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).

Ann Steffanic
(717) 783-7142

State Board of Examiners of Nursing Home Administrators

—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 2011, as Proposed.

Fall 2011, as Proposed

Fall 2011, 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)

Referrals by Certified Registered Nurse Practitioners and Physician Assistants—
49 Pa. Code
Chapter 42 (16A-678)

Child Abuse Reporting Requirements—
49 Pa. Code
Chapter 42 (16A-679)

Fall 2011, as Final.

Fall 2011, as Final (Proposed omitted)

Fall 2011, as Final (Proposed Omitted)

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).

The rulemaking would conform the board's regulations with changes made by Act 48 of 2007 and Act 45 of 2008, which permit CRNPs and Physician Assistants to make referrals to Occupational Therapists. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).

The rulemaking would conform the board's regulations with changes made to the Child Protective Services Act. Statutory Authority: Section 6383(b)(2) of the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2) and section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).

Judy Harner
(717) 705-6456

State Board of Optometry

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

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

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

Fall 2011, as Final (Proposed-
omitted).

Fall 2011, as Proposed.

Fall 2011, as Final (Proposed-
omitted).

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

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

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

Deborah Smith
(717) 783-7155

State Board of Osteopathic Medicine

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

Perfusionists—
49 Pa. Code
Chapter 25 (16A-5320)

Licensure of Respiratory Therapists and Physician Assistants—
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 2011, as Proposed.

Fall 2011, as Final.

Fall 2011, as Proposed.

Fall 2011, 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 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.

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.

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)

—Collaborative Management of
Drug Therapy—
49 Pa. Code
Chapter 27 (16A-5425)

Emergency Preparedness—
49 Pa. Code
Chapter 27 (16A-5426)

—General Revisions to Standards of Practice—
49 Pa. Code
Chapter 27, § 27.18 (16A-5427)

—Correctional Facility Drug Redistribution—
49 Pa. Code
Chapter 27
(number not
yet assigned)

Fall 2011, as Proposed.

Fall 2011, as Final.

Fall 2011, as Proposed.

Fall 2011, as Proposed.

Fall 2011, as Proposed

Fall 2011, as Proposed.

Fall 2011, 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.

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 proposed rulemaking would implement Act 29 of 2010, which provides for collaborative drug therapy management between a pharmacist and a licensed physician. Statutory Authority: Section 5 of the act of June 1, 2010 (P. L. 201, No. 29) requires the Board to promulgate regulations to implement Act 29 within 18 months of its effective date.

The proposed rulemaking would establish procedures and standards for the operation of remote emergency pharmacies in the event of an emergency caused by a natural or manmade disaster or any other exceptional situation that causes an extraordinary demand for pharmacy services. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).

This proposed rulemaking would update the Board's regulations relating to standards of practice for pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).

This proposed rulemaking is required to conform the Board's regulations to the act of July 9, 2010 (P. L. 457, No. 59), which permits a vendor pharmacy to redistribute drugs returned by a correctional facility to other correctional facilities. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).

Melanie Zimmerman (717) 783-7156

State Board of Pharmacy
(cont'd)

—Electronic Prescribing of Controlled Substances—
49 Pa. Code
Chapter 27, (16A-5428)

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

Fall 2011, as Proposed.

Fall 2011, as Proposed.

This proposed rulemaking is intended to establish standards for pharmacies and pharmacists to receive, dispense and archive electronic prescriptions for controlled substances to comport with recent regulations promulgated by the Federal Drug Enforcement Agency. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).

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).

State Board of Physical Therapy

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

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

Fall 2011, as Proposed.

Fall 2011, as Proposed.

The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. 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)

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 2011, as Proposed.

Fall 2011, as Proposed.

Fall 2011, 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 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 Ethics—
49 Pa. Code § 41.61 (16A-6318)

Education—
49 Pa. Code § 41.31 (16A-6320)

Part-time Experience—
49 Pa. Code § 41.31 (16A-6321)

Child Abuse Reporting Requirements—
49 Pa. Code
Chapter 41 (16A-6322)

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

Fall 2011, as Proposed.

Fall 2011, as Proposed.

Fall 2011, as Proposed.

Fall 2011, as Proposed.

Fall 2011, as Final (Proposed omitted)

Fall 2011, 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 clarify the education and examination requirements. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).

This proposed regulation rulemaking would clarify the requirements for part-time experience. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2)

The regulation would conform the board's regulations with changes made to the Child Protective Services Act. Statutory Authority: Section 6383(b)(2) of the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2) and section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).

The 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)

Schedule of Civil Penalties—Real Estate Appraisers—
49 Pa. Code § 43b.15a
(16-49)

Fall 2011, as Proposed.

Fall 2011, 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).

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.

Heidy Weirich
(717) 783-3397

State Real Estate Commission

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

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

Escrow requirements—
49 Pa. Code
Chapter 35 (16A-5621)

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

Fall 2011, as Final.

Fall 2011, as Proposed.

Winter 2011-2012, as Proposed

Fall 2011, as Proposed.

This proposed regulation would require new licensees to complete a mandatory 14-hour post-licensure course in lieu of their continuing education. Statutory Authority: Sections 404 and 404.1 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.404a.

The proposed regulation would 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.

The proposed regulation would establish additional escrow requirements consistent with the changes made by Act 14 of 2009. 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

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

General Revisions—
49 Pa. Code
Chapters 47, 48
and 49
(number not
yet assigned)

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

Continuing Education Audit and Enforcement—
49 Pa. Code
Chapters 47, 48
and 49
(16A-6918)

Fall 2011, as Final.

Fall 2011, as Proposed.

Fall 2011, as Proposed.

Fall 2011, as Proposed

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 proposed rulemaking will eliminate outdated regulations, and update existing regulations to comport with current standards of the profession and current practices of 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 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).

This proposed rulemaking would establish provisions for the enforcement of the continuing education requirements for licensed social workers, licensed clinical social workers, licensed marriage and family therapists and licensed professional counselors. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family therapists and Professional Counselors Act, 63 P. S. § 1906(2).

Sandra Matter
(717) 783-1389

State Board of Examiners in Speech-Language and Hearing

—General Revisions—
49 Pa. Code
Chapter 45.
(number not
yet assigned)

Fall 2011, as Proposed.

This regulation would update of the regulations of the Board to delete or amend outdated regulations. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2).

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 (16A-6011)

Fall 2011, as Proposed.

Fall 2011, 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

—Dental Procedures—
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)

Notice of Animal Supervision—
49 Pa. Code § 31.21 (16A-5725)

Fall 2011, as Final.

Fall 2011, as Proposed.

Fall 2011, as Final.

Fall 2011, 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).

The proposed rulemaking would amend the Rules of Professional Conduct of veterinarians to require notice regarding the hours and level of supervision whenever an animal is under the care and custody of the veterinarian's facility. Statutory Authority: Section (5)(1) and (2) of the Veterinary Medicine Practice Act (act) (63 P. S. § 485.5 (1) and (2))

Michelle Roberts
(717) 783-7134

STATE EMPLOYEES' RETIREMENT SYSTEM

4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This
would delete State Employees' Credit Union payment language.) This is proceeding consistent with the CDL and the requirements of 4 Pa. Code § 247.11. This 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. (This 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)). 2012 This 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 possibly 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 § 243.8. Membership rules for educational employees. 2012 This 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. (This would be amended to specify the effects of a service purchase or reinstatement.) 2012 This would clarify the effects of the reinstatement or purchase of previous State service.
An administrative decision has offered partial guidance in this area. This 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

No regulations being developed or considered at this date.

STATE SYSTEM OF HIGHER EDUCATION

22 Pa. Code
Chapter 121
Student Financial Aid December 2011 as Proposed These regulations have not been updated in some time. The revisions seek to increase the transparency in regard to the processes used for financial assistance determinations. Christine Zuzack 717-720-2368

TRANSPORTATION

43—Temporary Registration Cards and Plates

67 Pa. Code
Chapter 43 December 2011 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 2011 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. Kristen Singer 717-787-2171

21—Odometer Read Disclosure Statements

67 Pa. Code
Chapter 21 September 2011 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 September 2011 The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S. Section 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail. Andy Cleaver 717-787-2171

17—Authorization to Verify ID Numbers

67 Pa. Code
Chapter 17 September 2011 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 December 2011 The regulations will be updated to clarify the standards for license holders who have had more than one episode of loss of consciousness of unknown etiology within a 12-month period. The regulations will also be updated to require periodic monitoring for drivers who have been diagnosed as having stage 3 dementia Chris Miller 717-783-5958

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

67 Pa. Code
Chapter 83 December 2011 The regulations will be updated to clarify the standards for license holders who have had more than one episode of loss of consciousness of unknown etiology within a 12-month period. The regulations will also be updated to require periodic monitoring for drivers who have been diagnosed with cognitive impairments. Chris Miller 717-783-5958

84—Dual Control Learner's Permit

67 Pa. Code
Chapter 84 December 2011 The regulation is being updated to clarify the requirements for issuing a dual control learner's permit. Chris Miller 717-783-5958

105—Mechanical Electrical and Electronic Speed Timing Devices

67 Pa. Code
Chapter 105 December 2011 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. Kristen Singer 717-787-2171

255—Messenger Services

67 Pa. Code
Chapter 255 December 2011 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

Chapter 427—Public Transportation
(Act 44 of 2008) October 2011 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. No additional sections will be added to the temporary regulations but some sections in the temporary regulations will be revised/updated. LaVerne Collins 717-787-1214

Chapter 441 Driveway/Local Road Regulation Fees December 2011 The Driveway/Local Road Regulation Fees are charged to:
• Defray costs incurred in reviewing and processing the application and plans, including the preliminary review of the site location.
• Defray costs incurred in spot inspections of permitted work or subsequent inspections after the permitted work has been completed and to monitor compliance with the permit.
The Driveway/Local Road Regulations have not been updated since January 1980 (over 30 years ago) and do not offset program costs (reviewing/processing/inspection). Mike Dzurko 717-787-7350

Chapter 459
Utility Regulation Fees December 2011 • The Utility Regulation Fees are charged to:
o Defray costs incurred in reviewing and processing the application and plans, including the preliminary review of the site location.
o Defray costs incurred in spot inspections of permitted work or subsequent inspections after the permitted work has been completed and to monitor compliance with the permit.
• The Utility Regulation fees have not been updated since January 1989 (over 21 years ago) and do not offset program costs (reviewing/processing/inspection).
Glenn Rowe 717-787-3620

Pa Code, Title 67, Chapter 189
Posting and Bonding of Roads - Permit Fees July 2011 Permit fees
• Permits are currently free, except for a $15 fee associated with Type 3 permits. Types 1 and 2 have no fee associated with them. The only cost incurred by the permittee is the cost to perform inspections of the roadway, where the permittee can be directly billed.
• Regulation changes would allow the Department to set up permit fees for any of the permit types to help recoup some of the administrative costs of the permitting process. Fees could be tiered based on the size of the operations.
• Any fee increases will be contentious. Minimizing the fees to smaller operations could alleviate some of the concern. Larger operations with a larger fee would also not appreciate additional fees.
Steve Koser 717-787-7908

HB 2032
Outdoor Advertising and Junkyard Permits December 2011 It is recommended to increase the fees to cover the current actual cost of enforcement of the OAD Act and the Junkyard Act. (Current annual fee revenue is approximately $375,980. Estimated annual cost of enforcing the Highway Beautification Program is $859,000.)
Costs have increased over the years for onsite inspections, ongoing surveillance of controlled highways with photographs, and other necessary control measures (such as billing, collecting and record keeping). These control measures are necessary to enforce the OAD Act and the Junkyard Act, which is required or we could lose 10% of our Federal funding. Mark Chappell 717-787-8298

[Pa.B. Doc. No. 11-1111. Filed for public inspection July 1, 2011, 9:00 a.m.]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Medicine (cont'd) Licensure of Respiratory Therapists and Physician Assistants— 49 Pa. Code Chapter 18 (16A-4930) —Perfusionists— 49 Pa. Code Chapter 18, Subchapter J. (16A-4931) Certified Midwives— 49 Pa. Code Chapter 18 (16A-4932) Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.20. (number not yet assigned) Navigation Commission for the Delaware River and its Navigable Tributaries— General Revisions— 4 Pa. Code §§ 405.7, 405.8 and 405.12 (16A-663)	Fall 2011, as Proposed. Fall 2011, as Final. Fall 2011, as Proposed. Fall 2011, as Proposed. Fall 2011, as Proposed	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. The 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. The proposed rulemaking would provide for the licensure of ''certified'' midwives as suggested by the Commonwealth Court's decision in Goslin v. State Board of Medicine, 949 A.2d 372. Statutory Authority: Sections 1and 2 of the Midwife Registration Law of 1929, 63 P. S. §§ 171 and 172, and section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, make it unlawful to practice as a midwife without a certificate from the Medical Board and authorize the Board to issue rules and regulations as may be necessary for the examination, licensing, and proper conduct of the practice of midwifery by midwives. 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). The proposed rulemaking would require all currently licensed pilots to hold and maintain an active Federal first class pilot's license and endorsement for the routes to be traversed. Statutory Authority: Section 4 of the Act of March 29, 1803 (P. L. 542), 55 P. S. § 31, and section 2504-B(4) of the Administrative Code of 1929, 71 P. S. § 670.2(4).	Barbara Dupler 717-783-1618
State Board of Nursing —LPN / IV Therapy— 49 Pa. Code § 21.145 (16A-5122) —Application Procedures 49 Pa. Code § 21.151 (16A-5134) Reactivation/ Re-licensure after Lapse— 49 Pa. Code Chapter 21 (16A-5135) 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 Volunteer License— 49 Pa. Code Chapter 21, Subchapter F, §§ 21.601—21.607. (number not yet assigned)	Fall 2011, as Final. Fall 2011, as Proposed. Fall 2011, as Proposed Fall 2011, as Proposed. Fall 2011, as Proposed. Fall 2011, as Final (Proposed- omitted).	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. 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. This regulation would amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).	Ann Steffanic (717) 783-7142
State Board of Examiners of Nursing Home Administrators —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 2011, as Proposed. Fall 2011, as Proposed Fall 2011, 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) Referrals by Certified Registered Nurse Practitioners and Physician Assistants— 49 Pa. Code Chapter 42 (16A-678) Child Abuse Reporting Requirements— 49 Pa. Code Chapter 42 (16A-679)	Fall 2011, as Final. Fall 2011, as Final (Proposed omitted) Fall 2011, as Final (Proposed Omitted)	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). The rulemaking would conform the board's regulations with changes made by Act 48 of 2007 and Act 45 of 2008, which permit CRNPs and Physician Assistants to make referrals to Occupational Therapists. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b). The rulemaking would conform the board's regulations with changes made to the Child Protective Services Act. Statutory Authority: Section 6383(b)(2) of the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2) and section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).	Judy Harner (717) 705-6456
State Board of Optometry —Continuing Education— 49 Pa. Code §§ 23.81 and 23.82. (16A-5212) Schedule of Civil Penalties— Optometrists 49 Pa. Code Chapter 43b (number not yet assigned) Volunteer License— 49 Pa. Code § 23.26 (number not yet assigned)	Fall 2011, as Final (Proposed- omitted). Fall 2011, as Proposed. Fall 2011, as Final (Proposed- omitted).	This regulation would amend the continuing education requirements to clarify the need for a licensee to complete the licensee's continuing education as a prerequisite to renew a lapsed or inactive license within the two years immediately preceding renewal or reactivation. Statutory Authority: Sections 3(b)(14) and 5 of the Optometric Practice and Licensure Act (63 P. S. §§ 244.3(b)(14) and 244.5). This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14).	Deborah Smith (717) 783-7155
State Board of Osteopathic Medicine —Miscellaneous Provisions— 49 Pa. Code Chapter 25 (16A-5319) Perfusionists— 49 Pa. Code Chapter 25 (16A-5320) Licensure of Respiratory Therapists and Physician Assistants— 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 2011, as Proposed. Fall 2011, as Final. Fall 2011, as Proposed. Fall 2011, 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 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. 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. 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) —Collaborative Management of Drug Therapy— 49 Pa. Code Chapter 27 (16A-5425) Emergency Preparedness— 49 Pa. Code Chapter 27 (16A-5426) —General Revisions to Standards of Practice— 49 Pa. Code Chapter 27, § 27.18 (16A-5427) —Correctional Facility Drug Redistribution— 49 Pa. Code Chapter 27 (number not yet assigned)	Fall 2011, as Proposed. Fall 2011, as Final. Fall 2011, as Proposed. Fall 2011, as Proposed. Fall 2011, as Proposed Fall 2011, as Proposed. Fall 2011, 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. 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 proposed rulemaking would implement Act 29 of 2010, which provides for collaborative drug therapy management between a pharmacist and a licensed physician. Statutory Authority: Section 5 of the act of June 1, 2010 (P. L. 201, No. 29) requires the Board to promulgate regulations to implement Act 29 within 18 months of its effective date. The proposed rulemaking would establish procedures and standards for the operation of remote emergency pharmacies in the event of an emergency caused by a natural or manmade disaster or any other exceptional situation that causes an extraordinary demand for pharmacy services. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9). This proposed rulemaking would update the Board's regulations relating to standards of practice for pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9). This proposed rulemaking is required to conform the Board's regulations to the act of July 9, 2010 (P. L. 457, No. 59), which permits a vendor pharmacy to redistribute drugs returned by a correctional facility to other correctional facilities. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).	Melanie Zimmerman (717) 783-7156
State Board of Pharmacy (cont'd) —Electronic Prescribing of Controlled Substances— 49 Pa. Code Chapter 27, (16A-5428) Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.7 (number not yet assigned)	Fall 2011, as Proposed. Fall 2011, as Proposed.	This proposed rulemaking is intended to establish standards for pharmacies and pharmacists to receive, dispense and archive electronic prescriptions for controlled substances to comport with recent regulations promulgated by the Federal Drug Enforcement Agency. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9). 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).
State Board of Physical Therapy —Act 38 Revisions— 49 Pa. Code Chapter 40 (16A-6514) Schedule of Civil Penalties— 9 Pa. Code Chapter 43b. (number not yet assigned)	Fall 2011, as Proposed. Fall 2011, as Proposed.	The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. 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) 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 2011, as Proposed. Fall 2011, as Proposed. Fall 2011, 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 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 Ethics— 49 Pa. Code § 41.61 (16A-6318) Education— 49 Pa. Code § 41.31 (16A-6320) Part-time Experience— 49 Pa. Code § 41.31 (16A-6321) Child Abuse Reporting Requirements— 49 Pa. Code Chapter 41 (16A-6322) Schedule of Civil Penalties— 49 Pa. Code Chapter 43b. (number not yet assigned)	Fall 2011, as Proposed. Fall 2011, as Proposed. Fall 2011, as Proposed. Fall 2011, as Proposed. Fall 2011, as Final (Proposed omitted) Fall 2011, 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 clarify the education and examination requirements. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2). This proposed regulation rulemaking would clarify the requirements for part-time experience. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2) The regulation would conform the board's regulations with changes made to the Child Protective Services Act. Statutory Authority: Section 6383(b)(2) of the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2) and section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2). The 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) Schedule of Civil Penalties—Real Estate Appraisers— 49 Pa. Code § 43b.15a (16-49)	Fall 2011, as Proposed. Fall 2011, 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). 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.	Heidy Weirich (717) 783-3397
State Real Estate Commission —Education— 49 Pa. Code § 35.384, 35.385. (16A-5613) —Advertising and Solicitation— 49 Pa. Code § 35.305 (16A-5620) Escrow requirements— 49 Pa. Code Chapter 35 (16A-5621) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.8 (number not yet assigned)	Fall 2011, as Final. Fall 2011, as Proposed. Winter 2011-2012, as Proposed Fall 2011, as Proposed.	This proposed regulation would require new licensees to complete a mandatory 14-hour post-licensure course in lieu of their continuing education. Statutory Authority: Sections 404 and 404.1 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.404a. The proposed regulation would 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. The proposed regulation would establish additional escrow requirements consistent with the changes made by Act 14 of 2009. 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 —Implementation of Act 68 of 2008; Hours of Supervised Clinical Experience and Licensure by Endorsement— 49 Pa. Code Chapters 47, 48 and 49 (16A-6916) General Revisions— 49 Pa. Code Chapters 47, 48 and 49 (number not yet assigned) —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b. (number not yet assigned) Continuing Education Audit and Enforcement— 49 Pa. Code Chapters 47, 48 and 49 (16A-6918)	Fall 2011, as Final. Fall 2011, as Proposed. Fall 2011, as Proposed. Fall 2011, as Proposed	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 proposed rulemaking will eliminate outdated regulations, and update existing regulations to comport with current standards of the profession and current practices of 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 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). This proposed rulemaking would establish provisions for the enforcement of the continuing education requirements for licensed social workers, licensed clinical social workers, licensed marriage and family therapists and licensed professional counselors. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family therapists and Professional Counselors Act, 63 P. S. § 1906(2).	Sandra Matter (717) 783-1389
State Board of Examiners in Speech-Language and Hearing —General Revisions— 49 Pa. Code Chapter 45. (number not yet assigned)	Fall 2011, as Proposed.	This regulation would update of the regulations of the Board to delete or amend outdated regulations. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2).	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 (16A-6011)	Fall 2011, as Proposed. Fall 2011, 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 —Dental Procedures— 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) Notice of Animal Supervision— 49 Pa. Code § 31.21 (16A-5725)	Fall 2011, as Final. Fall 2011, as Proposed. Fall 2011, as Final. Fall 2011, 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). The proposed rulemaking would amend the Rules of Professional Conduct of veterinarians to require notice regarding the hours and level of supervision whenever an animal is under the care and custody of the veterinarian's facility. Statutory Authority: Section (5)(1) and (2) of the Veterinary Medicine Practice Act (act) (63 P. S. § 485.5 (1) and (2))	Michelle Roberts (717) 783-7134
*STATE EMPLOYEES' RETIREMENT SYSTEM*
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This would delete State Employees' Credit Union payment language.)	This is proceeding consistent with the CDL and the requirements of 4 Pa. Code § 247.11.	This 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. (This 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)).	2012	This 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 possibly 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 § 243.8. Membership rules for educational employees.	2012	This 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. (This would be amended to specify the effects of a service purchase or reinstatement.)	2012	This would clarify the effects of the reinstatement or purchase of previous State service. An administrative decision has offered partial guidance in this area. This 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*
No regulations being developed or considered at this date.
*STATE SYSTEM OF HIGHER EDUCATION*
22 Pa. Code Chapter 121 Student Financial Aid	December 2011 as Proposed	These regulations have not been updated in some time. The revisions seek to increase the transparency in regard to the processes used for financial assistance determinations.	Christine Zuzack 717-720-2368
*TRANSPORTATION*
43—Temporary Registration Cards and Plates 67 Pa. Code Chapter 43	December 2011	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 2011	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.	Kristen Singer 717-787-2171
21—Odometer Read Disclosure Statements 67 Pa. Code Chapter 21	September 2011	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	September 2011	The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S. Section 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail.	Andy Cleaver 717-787-2171
17—Authorization to Verify ID Numbers 67 Pa. Code Chapter 17	September 2011	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	December 2011	The regulations will be updated to clarify the standards for license holders who have had more than one episode of loss of consciousness of unknown etiology within a 12-month period. The regulations will also be updated to require periodic monitoring for drivers who have been diagnosed as having stage 3 dementia	Chris Miller 717-783-5958
83—Physical & Mental Criteria— Including Vision Standards Relating to the Licensing of Drivers 67 Pa. Code Chapter 83	December 2011	The regulations will be updated to clarify the standards for license holders who have had more than one episode of loss of consciousness of unknown etiology within a 12-month period. The regulations will also be updated to require periodic monitoring for drivers who have been diagnosed with cognitive impairments.	Chris Miller 717-783-5958
84—Dual Control Learner's Permit 67 Pa. Code Chapter 84	December 2011	The regulation is being updated to clarify the requirements for issuing a dual control learner's permit.	Chris Miller 717-783-5958
105—Mechanical Electrical and Electronic Speed Timing Devices 67 Pa. Code Chapter 105	December 2011	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.	Kristen Singer 717-787-2171
255—Messenger Services 67 Pa. Code Chapter 255	December 2011	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
Chapter 427—Public Transportation (Act 44 of 2008)	October 2011	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. No additional sections will be added to the temporary regulations but some sections in the temporary regulations will be revised/updated.	LaVerne Collins 717-787-1214
Chapter 441 Driveway/Local Road Regulation Fees	December 2011	The Driveway/Local Road Regulation Fees are charged to: • Defray costs incurred in reviewing and processing the application and plans, including the preliminary review of the site location. • Defray costs incurred in spot inspections of permitted work or subsequent inspections after the permitted work has been completed and to monitor compliance with the permit. The Driveway/Local Road Regulations have not been updated since January 1980 (over 30 years ago) and do not offset program costs (reviewing/processing/inspection).	Mike Dzurko 717-787-7350
Chapter 459 Utility Regulation Fees	December 2011	• The Utility Regulation Fees are charged to: o Defray costs incurred in reviewing and processing the application and plans, including the preliminary review of the site location. o Defray costs incurred in spot inspections of permitted work or subsequent inspections after the permitted work has been completed and to monitor compliance with the permit. • The Utility Regulation fees have not been updated since January 1989 (over 21 years ago) and do not offset program costs (reviewing/processing/inspection).	Glenn Rowe 717-787-3620
Pa Code, Title 67, Chapter 189 Posting and Bonding of Roads - Permit Fees	July 2011	Permit fees • Permits are currently free, except for a $15 fee associated with Type 3 permits. Types 1 and 2 have no fee associated with them. The only cost incurred by the permittee is the cost to perform inspections of the roadway, where the permittee can be directly billed. • Regulation changes would allow the Department to set up permit fees for any of the permit types to help recoup some of the administrative costs of the permitting process. Fees could be tiered based on the size of the operations. • Any fee increases will be contentious. Minimizing the fees to smaller operations could alleviate some of the concern. Larger operations with a larger fee would also not appreciate additional fees.	Steve Koser 717-787-7908
HB 2032 Outdoor Advertising and Junkyard Permits	December 2011	It is recommended to increase the fees to cover the current actual cost of enforcement of the OAD Act and the Junkyard Act. (Current annual fee revenue is approximately $375,980. Estimated annual cost of enforcing the Highway Beautification Program is $859,000.) Costs have increased over the years for onsite inspections, ongoing surveillance of controlled highways with photographs, and other necessary control measures (such as billing, collecting and record keeping). These control measures are necessary to enforce the OAD Act and the Junkyard Act, which is required or we could lose 10% of our Federal funding.	Mark Chappell 717-787-8298

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