Pennsylvania Bulletin

PA Bulletin, Doc. No. 12-262c

[42 Pa.B. 879]
[Saturday, February 11, 2012]

[Continued from previous Web Page]

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

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 §§ 25.601—25.607. (16A-5323)

—Genetic Counselors—
49 Pa. Code
Chapter 25
(number not
yet assigned)

—Licensure of Athletic Trainers— 49 Pa. Code
Chapter 25, Subchapter M (number not
yet assigned)

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

Spring 2012, as Final (proposed omitted)

Spring 2012, as Proposed

Spring 2012, as Proposed.

Spring 2012, as Final (proposed omitted)

Summer 2012, as Proposed

Summer 2012, as Final (proposed omitted)

Summer 2012, as Proposed

This regulation would implement Act 46 of 2007. 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.

This regulation 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 perfusionists.

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.

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 and Act 29 of 2007. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16.

This proposed rulemaking would implement the act of December 22, 2011 (P. L. _, No. 126) relating to the licensure of genetic counselors. Statutory Authority: Section 3 of Act 126 of 2011 requires the Board to promulgate regulations within 12 months. Section 16 of the Osteopathic Medicine Practice Act, 63 P. S. § 271.16, provides the general regulatory powers of the Board.

This regulation is required to amend the Board's regulations regarding athletic trainers to refer to ''licensure'' rather than ''certification'' as amended by the act of December 22, 2011 (P. L._, No. 123). Statutory Authority: Section 16 of the Osteopathic Medicine Practice Act, 63 P. S. § 271.16.

This proposed rulemaking 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 the medical professional liability action. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

Tammy Dougherty
(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 § 27.18 (16A-5427)

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

Summer 2012, as Proposed

Fall 2012, as Final

Spring 2012, as Proposed.

Spring 2012, as Proposed

Fall 2012, as Proposed

Fall 2012, as Proposed

Spring 2012, as Proposed.

This proposed 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 regulation 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 proposed 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
(number not
yet assigned)

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

Spring 2012, as Final (proposed omitted)

Spring 2012, as Proposed.

This regulation 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 proposed rulemaking 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—
49 Pa. Code
Chapter 43b.
(number not
yet assigned)

Spring 2012, as Final.

Spring 2012, as Proposed.

The regulation implements 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 proposed rulemaking 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 (16A-4411)

Spring 2012, as Proposed.

Spring 2012, as Proposed.

Spring 2012, as Final (Proposed-
omitted).

This proposed rulemaking 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.

Tammy Dougherty
(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)

Spring 2012, as Proposed.

Spring 2012, as Proposed.

Spring 2012, as Proposed.

Spring 2012, as Proposed

Spring 2012, as Final (proposed omitted)

This proposed rulemaking 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 proposed rulemaking 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 proposed rulemaking 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).

The proposed 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).

This regulation would amend the Board's regulations to conform to 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).

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
(number not
yet assigned)

Certified Pennsylvania Evaluators—
49 Pa. Code § 36.265 (16A-7018)

Spring 2012, as Proposed.

Spring 2012, as Proposed.

Fall 2012, 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.

This proposed rulemaking would revise requirements for the use of certificate number and title for Certified Pennsylvania Evaluators to make the regulation consistent with standards of USPAP, the International Association of Assessment Officers and existing practice in county assessment offices. Statutory Authority: Section 3 of the Assessors Certification Act, 63 P. S. § 458.3.

Heidy Weirich
(717) 783-4866

State Real Estate Commission

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

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

—Escrow Requirements—
49 Pa. Code
Chapter 35 (16A-5622)

—Schedule of
Civil Penalties—
49 Pa. Code § 43b.8 (16A-5623)

Spring 2012, as Final.

Spring 2012, as Proposed.

Spring 2012, as Proposed

Spring 2012, as Proposed.

This 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 rulemaking 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 proposed rulemaking 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 proposed rulemaking 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

—Schedule of Civil Penalties—
49 Pa. Code
Chapter 43b. (16A-6917)

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

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

Spring 2012, as Proposed

Spring 2012, as Proposed

Fall 2012, as Proposed.

This proposed rulemaking 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 licenses 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 licenses social workers, licenses clinical social workers, licenses marriage and family therapists and licenses professional counselors. 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 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).

Sandra Matter
(717) 783-1389

State Board of Examiners in Speech-Language
and Hearing

—General Revisions—
49 Pa. Code
Chapter 45. (16A-6803)

—Continuing Education and Waivers—
49 Pa. Code
Chapter 45
(Number not
yet assigned)

Spring 2012, as Proposed.

Spring 2012, as Proposed

This proposed rulemaking 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 proposed rulemaking is intended to delete an outdated grandfathering provision and clarify the continuing education regulations for licensees who hold more than one license issues by the Board. 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)

Spring 2012, as Proposed.

This proposed rulemaking would clarify and update the requirements for salespersons in order to permit salespersons to sell at other locations of the same dealer. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).

Janice Cline
(717) 783-1697

State Board of Veterinary Medicine

—Dental Procedures—
49 Pa. Code
Chapter 31 (16A-5718)

—Facilities—
49 Pa. Code
Chapter 31 (16A-5720)

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

Spring 2012, as Final.

Fall 2012, as Proposed.

Spring 2012, as Final.

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 proposed rulemaking 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 regulation would amend the Rules of Professional Conduct for 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.) While this has been proceeding consistent with the CDL and requirements of 4 Pa. Code § 247.11, further action is deferred pending deletion of the corresponding statutory section. 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

STATE POLICE

No regulations being developed or considered at this date.

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 March 2012, as proposed 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

21—Odometer
Read Disclosure Statements

67 Pa. Code
Chapter 21 Completed, October 2011 Changes 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

175—Vehicle Equipment and Inspection

67 Pa. Code
Chapter 175 December 2012, As proposed 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. Kristen Singer
(717) 787-2171

23—Delivery of Certificates of Title

67 Pa. Code
Chapter 23 March 2012, Published for public comment 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 2012, as proposed 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

84—Dual Control Learner's Permit

67 Pa. Code
Chapter 84 December 2012, As proposed The regulation is being updated to clarify the requirements for issuing a dual control learner's permit. Rich Kirkpatrick
(717) 783-5958

255—Messenger Services

67 Pa. Code
Chapter 255 March 2012, as proposed 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) March 2012, Published for public comment 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, 2011. Permanent regulations were published on November 12, 2011. As of December 13, 2011, no comments were received. IRRC has 30 additional days for comments and questions. LaVerne Collins
(717) 787-1214

Chapter 101, Authorizing Appropriately
Attired Persons
to Direct, Control,
or Regulate Traffic November 2012, as proposed The proposed regulation change is needed to be consistent with a Federal Highway Administration rule making (23 CFR Part 634: ''Worker Visibility Rule''—issued November 24, 2008). Matt Briggs
(717) 783-6268

[Pa.B. Doc. No. 12-262. Filed for public inspection February 10, 2012, 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 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 §§ 25.601—25.607. (16A-5323) —Genetic Counselors— 49 Pa. Code Chapter 25 (number not yet assigned) —Licensure of Athletic Trainers— 49 Pa. Code Chapter 25, Subchapter M (number not yet assigned) —Schedule of Civil Penalties— 49 Pa Code Chapter 43b. (number not yet assigned)	Spring 2012, as Final (proposed omitted) Spring 2012, as Proposed Spring 2012, as Proposed. Spring 2012, as Final (proposed omitted) Summer 2012, as Proposed Summer 2012, as Final (proposed omitted) Summer 2012, as Proposed	This regulation would implement Act 46 of 2007. 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. This regulation 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 perfusionists. 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. 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 and Act 29 of 2007. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16. This proposed rulemaking would implement the act of December 22, 2011 (P. L. _, No. 126) relating to the licensure of genetic counselors. Statutory Authority: Section 3 of Act 126 of 2011 requires the Board to promulgate regulations within 12 months. Section 16 of the Osteopathic Medicine Practice Act, 63 P. S. § 271.16, provides the general regulatory powers of the Board. This regulation is required to amend the Board's regulations regarding athletic trainers to refer to ''licensure'' rather than ''certification'' as amended by the act of December 22, 2011 (P. L._, No. 123). Statutory Authority: Section 16 of the Osteopathic Medicine Practice Act, 63 P. S. § 271.16. This proposed rulemaking 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 the medical professional liability action. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Tammy Dougherty (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 § 27.18 (16A-5427) —Correctional Facility Drug Redistribution— 49 Pa. Code Chapter 27 (number not yet assigned)	Summer 2012, as Proposed Fall 2012, as Final Spring 2012, as Proposed. Spring 2012, as Proposed Fall 2012, as Proposed Fall 2012, as Proposed Spring 2012, as Proposed.	This proposed 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 regulation 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 proposed 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 (number not yet assigned) —Schedule of Civil Penalties— 49 Pa. Code § 43b.7 (number not yet assigned)	Spring 2012, as Final (proposed omitted) Spring 2012, as Proposed.	This regulation 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 proposed rulemaking 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— 49 Pa. Code Chapter 43b. (number not yet assigned)	Spring 2012, as Final. Spring 2012, as Proposed.	The regulation implements 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 proposed rulemaking 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 (16A-4411)	Spring 2012, as Proposed. Spring 2012, as Proposed. Spring 2012, as Final (Proposed- omitted).	This proposed rulemaking 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.	Tammy Dougherty (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)	Spring 2012, as Proposed. Spring 2012, as Proposed. Spring 2012, as Proposed. Spring 2012, as Proposed Spring 2012, as Final (proposed omitted)	This proposed rulemaking 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 proposed rulemaking 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 proposed rulemaking 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). The proposed 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). This regulation would amend the Board's regulations to conform to 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).	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 (number not yet assigned) Certified Pennsylvania Evaluators— 49 Pa. Code § 36.265 (16A-7018)	Spring 2012, as Proposed. Spring 2012, as Proposed. Fall 2012, 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. This proposed rulemaking would revise requirements for the use of certificate number and title for Certified Pennsylvania Evaluators to make the regulation consistent with standards of USPAP, the International Association of Assessment Officers and existing practice in county assessment offices. Statutory Authority: Section 3 of the Assessors Certification Act, 63 P. S. § 458.3.	Heidy Weirich (717) 783-4866
State Real Estate Commission —Education— 49 Pa. Code §§ 35.384 and 35.385. (16A-5613) —Advertising and Solicitation— 49 Pa. Code § 35.305 (16A-5620) —Escrow Requirements— 49 Pa. Code Chapter 35 (16A-5622) —Schedule of Civil Penalties— 49 Pa. Code § 43b.8 (16A-5623)	Spring 2012, as Final. Spring 2012, as Proposed. Spring 2012, as Proposed Spring 2012, as Proposed.	This 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 rulemaking 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 proposed rulemaking 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 proposed rulemaking 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 —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b. (16A-6917) —Continuing Education Audit and Enforcement— 49 Pa. Code Chapters 47—49 (16A-6918) —General Revisions— 49 Pa. Code Chapters 47—49 (number not yet assigned)	Spring 2012, as Proposed Spring 2012, as Proposed Fall 2012, as Proposed.	This proposed rulemaking 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 licenses 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 licenses social workers, licenses clinical social workers, licenses marriage and family therapists and licenses professional counselors. 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 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).	Sandra Matter (717) 783-1389
State Board of Examiners in Speech-Language and Hearing —General Revisions— 49 Pa. Code Chapter 45. (16A-6803) —Continuing Education and Waivers— 49 Pa. Code Chapter 45 (Number not yet assigned)	Spring 2012, as Proposed. Spring 2012, as Proposed	This proposed rulemaking 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 proposed rulemaking is intended to delete an outdated grandfathering provision and clarify the continuing education regulations for licensees who hold more than one license issues by the Board. 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)	Spring 2012, as Proposed.	This proposed rulemaking would clarify and update the requirements for salespersons in order to permit salespersons to sell at other locations of the same dealer. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).	Janice Cline (717) 783-1697
State Board of Veterinary Medicine —Dental Procedures— 49 Pa. Code Chapter 31 (16A-5718) —Facilities— 49 Pa. Code Chapter 31 (16A-5720) —Professional Conduct; Notice of Animal Supervision— 49 Pa. Code § 31.21 (16A-5725)	Spring 2012, as Final. Fall 2012, as Proposed. Spring 2012, as Final.	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 proposed rulemaking 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 regulation would amend the Rules of Professional Conduct for 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.)	While this has been proceeding consistent with the CDL and requirements of 4 Pa. Code § 247.11, further action is deferred pending deletion of the corresponding statutory section.	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
*STATE POLICE*
No regulations being developed or considered at this date.
*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	March 2012, as proposed	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
21—Odometer Read Disclosure Statements 67 Pa. Code Chapter 21	Completed, October 2011	Changes 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
175—Vehicle Equipment and Inspection 67 Pa. Code Chapter 175	December 2012, As proposed	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.	Kristen Singer (717) 787-2171
23—Delivery of Certificates of Title 67 Pa. Code Chapter 23	March 2012, Published for public comment	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 2012, as proposed	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
84—Dual Control Learner's Permit 67 Pa. Code Chapter 84	December 2012, As proposed	The regulation is being updated to clarify the requirements for issuing a dual control learner's permit.	Rich Kirkpatrick (717) 783-5958
255—Messenger Services 67 Pa. Code Chapter 255	March 2012, as proposed	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)	March 2012, Published for public comment	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, 2011. Permanent regulations were published on November 12, 2011. As of December 13, 2011, no comments were received. IRRC has 30 additional days for comments and questions.	LaVerne Collins (717) 787-1214
Chapter 101, Authorizing Appropriately Attired Persons to Direct, Control, or Regulate Traffic	November 2012, as proposed	The proposed regulation change is needed to be consistent with a Federal Highway Administration rule making (23 CFR Part 634: ''Worker Visibility Rule''—issued November 24, 2008).	Matt Briggs (717) 783-6268

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