[46 Pa.B. 3702]
[Saturday, July 9, 2016]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
Department of General Services (DGS)
Committee on Construction Contract Documents 4 Pa. Code Chapter 62 (#8-21)	2016, as Final-Omitted	The Procurement Code repealed the legislation creating this committee, which no longer exists.	Liz O'Reilly (717) 787-7095 Ed Olivieri (717) 783-3280
Selections Committee 4 Pa. Code Chapter 64 (#8-22)	2016, as Final-Omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Liz O'Reilly (717) 787-7095 Ed Olivieri (717) 783-3280
Emergency Construction Repairs 4 Pa. Code Chapter 67 (#8-23)	2016, as Final-Omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Liz O'Reilly (717) 787-7095 Ed Olivieri (717) 783-3280
Contract Compliance— Prequalification of Vendors and Nonconstruction Contractors 4 Pa. Code Chapter 68, Subchapter A (#8-24)	2016, as Final-Omitted	These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system.	Liz O'Reilly (717) 787-7095 Ed Olivieri (717) 783-3280
Methods of Awarding Contracts 4 Pa. Code Chapter 69 (#8-25)	2016, as Final-Omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Ken Hess Pamela Cross (717) 214-7739
Surplus State Property 4 Pa. Code Chapters 41, 43, 45 and 47 (#8-26)	2016, as Final-Omitted	These regulations should be rescinded since they are outdated and have been superseded by new Commonwealth procedures as well as the Commonwealth Procurement Code.	Ken Hess Pamela Cross (717) 214-7739
State Metrology Laboratory Fee Schedule, 70 Pa. Code Chapter 110 (#8-27)	Delivered May 23, 2016 for review pursuant to Executive Order 1996-1, as Proposed	These regulations will increase the fees charged by the State Metrology Laboratory, provide for an automatic yearly increase, and update the description fields to accurately reflect the Metrology Lab's measurement parameters and ranges.	Ken Hess Mary Fox (717) 787-6789
Commonwealth Buildings 4 Pa. Code Chapters 85, 86 and 87 (#8-28)	2016, as Proposed	These regulations (Chapters 85 and 87) and statement of policy (Chapter 86) will be amended to update the procedures for the public to request use of the public areas of the Capitol Complex and the Forum auditorium.	Matthew Bembenick (717) 787-5996 Shawn E. Smith (717) 787-5599 Mary Ann Jordano (717) 705-5389
Small Business Self- Certification and Small Diverse Business Verification— Statement of Policy 4 Pa. Code §§ 58.301—58.308	July 2016	The Department is in the process of updating its Statement of Policy that addresses Small Business Self-Certification and Small Diverse Business Verification. The amended Statement of Policy will take effect immediately upon publication in the Pennsylvania Bulletin.	Beverly Hudson (717) 783-8874
Department of Health (DOH)
Communicable and Non-Communicable Diseases 28 Pa. Code Chapter 27	July 2017, as Proposed	These existing regulations are being revised to improve the Department's ability to prevent and control the spread of communicable and non- communicable diseases. The Department's authority to promulgate these regulations is found in the Disease Prevention Control Law of 1955, 35 P.S. §§ 21.1 et seq. (the Act). Section 16(a) of the (Act 35 P.S. § 521.16 (a)) gives the Board authority to issue rules and regulations on a variety of matters related to communicable and non- communicable diseases. Section 16(b) of the Act (35 P.S. § 521.16(b)) gives the Secretary of Health the authority to review existing regulations and make recommendations to the Board for changes that the Secretary considers to be desirable. There is also a legislative authority for specific provisions of the regulations. Administrative Code of 1929 (71 P.S. §§ 51 et seq.) (Code) Section 20102(g) of the Code (71 P.S. § 532(g)) provides general authority for the Department to promulgate regulations.	Samantha Jallah (717) 783-2500
Photo Identification Tag Regulations 28 Pa. Code Chapters 54 and 55	July 2016, as Proposed	The Health Care Facilities Act (35 P.S. § 448.101 et seq.) was amended by the passage of Act 2010-110 on November 23, 2010. This new section of the Act (35 P.S. § 448.809.2) requires persons working in health care facilities and physician practices to wear photo identification badges that also contain other information including the person's name, title and name of the health care facility.	Karin Simpson (717) 783-2500
School Immunization Requirements 28 Pa. Code §§ 23.83, 23.85 and 23.86	December 2016, as Final	The amendments to existing regulations will revise immunization requirements for school entry and attendance, revise the school reporting requirements to require electronic reporting at a later date in the school year, and eliminate the provisional period for school attendance. Pursuant to the Disease Prevention and Control Law of 1955 35 P.S. §§ 521.1 et seq.; the Administrative Code of 1921 (71 P.S. § 541(c.1)) and the Public School Code of 1949 (24 P.S. § 13-1303a).	Yvette M. Kostelac (717) 783-2500
Home Health Care Agencies 28 Pa. Code Chapter 601	July 2017, as Proposed	Federal rules addressing covered Medicare and Medicaid services have been amended to allow other health care professionals (in addition to physicians) to order home health services. The Department anticipates amending the home health licensure regulations to permit other health care professionals to order home health services and approve the plan of care.	Tammi Snyder Queen (717) 783-2500
Hospice Regulations	September 2016, as Proposed	Currently, there are no hospice-specific licensure regulations in the Commonwealth. The Health Care Facilities Act (HCFA) permits the Department, pending promulgation of regulations, to use the standards set forth in Federal regulations (42 CFR Part 418) for hospices certified as providers of the Medicare program under Title XVIII of the Social Security Act as licensure standards. The Department anticipates promulgating licensure regulations for hospice facilities in Pennsylvania that mirror the Federal conditions of participation and address additional quality assurance requirements and fees for licensure, as permitted by the HCFA.	Tammi Snyder Queen (717) 783-2500
Indoor Tanning Regulations	September 2016, as Proposed	The newly enacted Pennsylvania Indoor Tanning Act requires the Department to promulgate regulations to implement the Act. The Department anticipates proposing regulations that will outline the requirements for the operation of tanning facilities and to provide for safety of consumers using tanning equipment.	Keith Fickel (717) 783-2500
Health Facilities and Hospitals 28 Pa. Code Chapters 51 and 101—158	March 2017, as Proposed	The Secretary of Health created a task force of hospital industry representatives to review the current hospital regulations and provide recommendations to improve the quality of care in hospitals across the state. The hospital regulations will be updated to reflect those recommendations.	Tanya Leshko (717) 783-2500
Long Term Care Facilities 28 Pa. Code Chapters 201—211	April 2017, as Proposed	Pennsylvania's long-term care facility licensure regulations were last updated in 1999. Since that time, the clinical complexity of nursing home residents has changed substantially. The Nursing Home Quality Improvement Task Force was commissioned by the Secretary of Health to make recommendations for revisions to the regulations. The long-term care facility regulations will be updated to reflect those recommendations.	Karin Simpson (717) 783-2500
Medical Marijuana	Temporary regulations will be published periodically prior to November 17, 2016	The newly enacted medical marijuana program, Act 16, was signed into law on April 17, 2016 and became effective on May 17, 2016. Act 16 requires the Department of Health to issue temporary regulations.	Yvette Kostelac (717) 783-2500
Department of Human Services (DHS)
Administration of County Children and Youth Social Service Programs 55 Pa. Code Chapter 3130	November 2016, as Proposed	This regulation will incorporate the amendments to the state Juvenile Act and the Federal regulations for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services.	Jen DeBell (717) 772-4141
Planning and Financial Reimbursement Requirements for County Children and Youth Social Service Programs 55 Pa. Code Chapter 3140	November 2016, as Proposed	This regulation provides the requirements for reimbursement for services to county children and youth agencies. The regulations are in need of revision to ensure consistency with Federal requirements and policy and to ensure the validity of State and Federal claims.	Jen DeBell (717) 772-4141
Child Protective Services 55 Pa. Code Chapter 3490	October 2017, as Proposed	This regulation will incorporate the amendments to the Child Protective Services Law related to child protective services and general protective services, including statutory changes to mandatory reporting, training, clearances and the Statewide database.	Jen DeBell (717) 772-4141
Outpatient Psychiatric Services and Psychiatric Outpatient Clinics 55 Pa. Code Chapters 1153 and 5200	November 2016, as Proposed	These amendments will update the current regulations to align outpatient psychiatric services with current industry standards and parity requirements and will include provisions for mobile mental health treatment.	Jen DeBell (717) 772-4141
Psychiatric Rehabilitation Services 55 Pa. Code Chapter 5231	November 2016, as Proposed	This regulation will be amended to govern psychiatric rehabilitation services for individuals 14 years of age and older with serious mental health conditions to support the transition to adulthood, implement an initiative to improve coordination between the child and adult mental health care systems, and amend outdated language throughout.	Jen DeBell (717) 772-4141
Intensive Community Based Behavioral Health Services 55 Pa. Code Chapter 5270	November 2016, as Proposed	This regulation will govern the provision of the array of in-home and community-based behavioral health rehabilitation services for children, including services for children with autism spectrum disorder.	Jen DeBell (717) 772-4141
Mental Health Targeted Case Management 55 Pa. Code Chapters 5220 and 5221	November 2016, as Proposed	This regulation will rescind Chapter 5221 and replace it with a new Chapter 5220 which will govern the provision of mental health case management services, including resource coordination, intensive case management and blended case management.	Jen DeBell (717) 772-4141
Subsidized Child Care Eligibility 55 Pa. Code Chapter 3041	February 2017, as Proposed	This regulation will be updated to add new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant. This regulation will include amendments to requirements regarding redetermination, continuation of subsidy during job loss, reporting and verification, financial eligibility, and prioritized groups.	Jen DeBell (717) 772-4141
Child Day Care Centers, Group Child Care Day Care Homes, Family Child Day Care Homes 55 Pa. Code Chapters 3270, 3280 and 3290	November 2016, as Proposed	This regulation will add new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant. This regulation will include amendments regarding employment, background checks and training requirements. In addition, additional proposed amendments include water safety training and equipment requirements.	Jen DeBell (717) 772-4141
Early Intervention Services 55 Pa. Code Chapter 4226	February 2017, as Final-Omitted	This regulation will amend § 4226.5 (relating to definitions) to reflect the requirements of Act 2014-143 (Act 143). Act 143 added an additional tracking category for infants and toddlers experiencing homelessness.	Jen DeBell (717) 772-4141
Home and Community-Based Supports and Licensing 55 Pa. Code Chapters 51, 6100, 6200, 2380, 2390, 6400 and 6500	September 2016, as Proposed September 2017, as Final	This regulation will rescind Chapter 51 and replace it with a new Chapter 6100, which will govern the program, operational and fiscal components of the Office of Developmental Programs' home and community-based waiver programs, State plan services, block grant and base-funded programs and licensing requirements.	Jen DeBell (717) 772-4141
Adult Protective Services 55 Pa. Code Chapter 15	February 2017, as Proposed	This regulation will govern the investigation of allegations of abuse, neglect, exploitation or abandonment of adults between the ages of 18 and 59 years, and the provision of protective services as indicated by the results of those investigations. The authority for the regulation and resulting services are under Act 70 of 2010, the Adult Protective Services Act.	Jen DeBell (717) 772-4141
Medical Assistance Disqualifications 55 Pa. Code Chapter 255	February 2017, as Proposed	This regulation will add disqualification penalties for individuals who were prosecuted for Medical Assistance fraud. These amendments will mirror Federal law at 42 U.S.C. § 1320a-7b to provide for a 1-year disqualification based on a court conviction for a crime against the Medical Assistance program.	Jen DeBell (717) 772-4141
Definitions 55 Pa. Code Chapter 123	February 2017, as Proposed	This regulation will allow flexibility in the type of interviews that must be undertaken for Temporary Assistance to Needy Families (TANF) applicants and eligibility workers.	Jen DeBell (717) 772-4141
Medical Assistance Manual 55 Pa. Code Chapters 1101 and 1150.	March 2017, as Proposed	These regulations are necessary to align current Medical Assistance Program regulations to the HealthChoices Expansion, which provides the same level of benefits to all MA adult beneficiaries. The amendments will eliminate amount, duration and scope variations between categories of eligibility and update terminology. The Department will also take this opportunity to update terminology, incorporate Statements of Policy and rescind outdated policies, such as the ''Shared space'' regulation at § 1101.51(b)(3).	Jen DeBell (717) 772-4141
Medical Assistance Manual 55 Pa. Code Chapters 1140, 1142, 1229 and 1241.	June 2017, as Proposed	These regulations are necessary to align current Medical Assistance Program regulations to the HealthChoices Expansion, which provides the same level of benefits to all MA adult beneficiaries. The amendments will eliminate amount, duration and scope variations between categories of eligibility and update terminology. The Department will also take this opportunity to update terminology, incorporate Statements of Policy and rescind outdated policies.	Jen DeBell (717) 772-4141
Medical Assistance Manual 55 Pa. Code Chapters 1101, 1121, 1126, 1141, 1163 and 1221.	October 2016, as Final-Omitted	These regulations are necessary to align current Medical Assistance Program regulations to the Office of Civil Rights final rule implementing Section 1557 of the Affordable Care Act. Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities. The amendment will rescind the regulations in Chapters 1141 and 1163 prohibiting surgical procedures and medical care provided in connection with sex reassignment. The amendment will also update the nondiscrimination regulation in Chapter 1101.	Jen DeBell (717) 772-4141
Outpatient Drug and Alcohol Clinic Services 55 Pa. Code 1223	March 2017, as Proposed	The amendments will update the current regulations to align outpatient drug and alcohol clinic services with current industry standards and parity requirements.	Jen DeBell (717) 772-4141
Pennsylvania Insurance Department (PID)
Annual Financial Reporting Requirements 31 Pa. Code Chapter 147 (#11-254)	Summer 2016, as Final	Amendments to Chapter 147 to add an internal audit function requirement for large insurers.	Bridget E. Burke Regulatory Coordinator (717) 787-2567
Tables Approved for Use in Determining Minimum Nonforfeiture Standards and Minimum Standards for Valuation 31 Pa. Code Chapter 84 (#11-255)	Summer 2016, as Final	Amendments to adopt new mortality tables for use in determining minimum reserves insurers must maintain for annuities.	Bridget E. Burke Regulatory Coordinator (717) 787-2567
Department of Labor and Industry (L&I)
Boiler and Unfired Pressure Vessel Regulations Title 34, Part I, Chapter 3a Bureau of Occupational and Industrial Safety	Winter 2016, as Proposed	Update regulations based on Act 104 of 2013 and adopt certification standards for third party inspection agencies.	Jennifer Berrier (717) 783-6304
Flammable and Combustible Liquids Title 34, Part I, Chapters 14 and 14a Bureau of Occupational and Industrial Safety	Fall 2016, as Proposed	Update regulations based on Act 144 of 2012 and adopt requirements for storage and dispensing of compressed natural gas as vehicular fuel.	Jennifer Berrier (717) 783-6304
Unemployment Compensation Title 34, Part VI Chapter 101 Board of Review	Submit as Proposed, Winter 2017	Update regulation to reflect statutory and operational changes	Randall Brandes (717) 787-5122
Apprenticeship and Training Council Title 34, Part IV, Chapters 83 and 84 Apprenticeship and Training Office	Submit as Proposed, Spring 2017	Amend regulations to reflect Federal requirements. Will need legislative change to statute first.	Eric Ramsey (717) 787-6997
Registration of Sign Language Interpreters and Transliterators Title 34, Part XV, Chapter 501 Office of Deaf and Hard of Hearing	Submit as Proposed, Fall 2016	Amend regulations to be consistent with amendments in Sign Language Interpreter and Transliterator State Registration Act, 63 P.S. §§ 1725.1—1725.11, that were enacted in November 2010.	Sharon Behun (717) 783-6381
Employment of Minors Title 34, Part 1, Chapter 11 Bureau of Labor Law Compliance	Fall 2016, as Proposed	Revise/update current regulations in light of the new Child Labor Act, Act 151 of 2012.	Terry Peck (717) 787-3681
Prohibition of Excessive Overtime in Health Care Act Regulations Title 34, Part XII, Chapter 225 Bureau of Labor Law Compliance	Spring 2017, as Proposed	Revise/update current regulations for Act 102 of 2008.	Terry Peck (717) 787-3681
Department of Military and Veterans Affairs (DMVA)
Veterans' Homes Regulations 43 Pa. Code Chapter 7	Winter 2016-17, as Proposed	The Department wishes to promulgate a comprehensive update to its regulations on State Veterans' Homes. The statutory authority for these regulations is section 902(10) of the Military and Veterans Code (51 Pa.C.S § 903(10)). These regulations are out-of-date. They were last updated in 1986. The purpose of the changes to these regulations is to bring them in line with best practices in the long-term care arena.	Michael Barrett (717) 861-8503
Veterans' Affairs Regulations 43 Pa. Code Chapter 5	Fall 2016, as Final-Omitted	43 Pa. Code Ch. 5 contains regulations on a number of Commonwealth veterans' benefit programs. These include the Disabled Veteran Real Estate Tax Exemption, the Blind Veterans' Pension, the Paralyzed Veterans Pension, Veterans' Emergency Assistance and the Educational Gratuity Program. All of these regulations need to be updated to take into account changes in the law as well as changes in organizational structures.	Michael Barrett (717) 861-8503
Municipal Police Officers' Education and Training Commission (MPOETC)
Administration of the Municipal Police Officers' Education and Training Program 37 Pa. Code Chapter 203 (#17-81)	Summer 2016, as Proposed	Title 53 Pa.C.S. § 2164(14) conveys powers and duties to the Municipal Police Officers' Education and Training Commission to make such rules and regulations and to perform such other duties as may be reasonably necessary or appropriate to implement the education and training program for police officers. Omnibus revisions to Chapter 203, which pertains to the certification and training of the Commonwealth's municipal police officers, are necessary to modernize these regulations, as they have not undergone a major revision since 1996. The amendments that will be proposed are the product of an extensive review project that included key stakeholders of the regulated community.	Sergeant Robert L. Bailey (717) 783-5566
Pennsylvania Board of Probation and Parole (PBPP)
No regulations being developed or considered at this time.
Pennsylvania Commission on Crime and Delinquency (PCCD)
Sheriffs' and Deputy Sheriffs' Education and Training Program 37 Pa. Code Chapter 421	Late 2016/2017, as Proposed	The Deputy Sheriffs' Education and Training Board (Board), an advisory board within the Commission on Crime and Delinquency, plans to amend the regulations at 37 Pa. Code Chapter 421 (relating to Deputy Sheriffs' Education and Training Board) due to statutory changes in Act 114 of 2014 (Act of Jul. 9, 2014, P.L. 1006, No. 114).	Linda Rosenberg (717) 265-8448 Heidi Barry (717) 265-8518
Pennsylvania Emergency Management Agency (PEMA)
Act 187 of 2014	Winter 2016, as Proposed	Act 187 of 2014 established the Public Disaster Assistance Grant Program within the Pennsylvania Emergency Management Agency provide grants to political subdivisions and municipal authorities for assistance with repair of disaster-related damage in a disaster emergency area when the damages to public facilities are beyond the financial capabilities of the political subdivision or authority. The Pennsylvania Emergency Management Agency is directed to Promulgate any regulations necessary to implement and administer the program which include: (i) Development of additional procedures or requirements for the submission of grant applications; (ii) Development of procedures to verify adjusted loss; (iii) Development of criteria for the determination of the amount of assistance to be given to a political subdivision or municipal authority; and (iv) Development of a methodology to prioritize projects based on the potential impact to the health and safety of the citizens of the affected community.	Stephen Bekanich (717) 651-2146 Westburn Majors (717) 651-2728
Pennsylvania Higher Education Assistance Agency (PHEAA)
No regulations being developed or considered at this time.
Pennsylvania Housing Finance Agency (PHFA)
No regulations being developed or considered at this time.
Pennsylvania Infrastructure Investment Authority (PENNVEST)
Pennsylvania Infrastructure Investment Authority Assistance 25 Pa. Code §§ 963.1—963.20, including inter alia: 963.12(a)(7) 963.13(c) 963.15(a) 963(15)(c) 963(16) 963.18(c)	Summer 2016, as Proposed	Revisions under consideration include, inter alia: Amendments to 25 Pa. Code §§ 963.1—963.20 to be consistent with statutory revisions imposed by P.L. 51, No. 16, enacted June 19, 2013 and guidance revisions implemented by the Department of Environmental Protection and to incorporate any provisions necessary to accommodate for the deletion of 25 Pa. Code § 965 in its entirety, including, but not limited to the following: (1) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor. (2) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month. (3) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization. (4) Amend 25 Pa. Code § 963.15 (c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date. (5) Amend 25 Pa. Code § 963.15(c)(6) by revising the sentence to define ''bond interest rate'' to mean the rate of interest paid by the Commonwealth in its issuance of general obligation bonds immediately preceding the date of the approval of the loan. (6) Amend 25 Pa. Code § 963.16 to provide the parameters of a loan or bond guarantee program to be provided by PENNVEST. Delete 25 Pa. Code § 963.18(c)(2)(iii) to eliminate the requirement for prior written approval of change orders that exceed $25,000 or 2 percent of the amount of the project's construction cost, or an aggregate of all change orders that exceed 10 percent of the project's construction cost.	Shawn W. Weis (717) 783-6776
Pennsylvania Municipal Retirement System (PMRS)
No regulations being developed or considered at this time.
Pennsylvania State Police (PSP)
Training and Minimum Standards Under the Wiretapping and Electronic Surveillance Control Act 37 Pa. Code Chapter 51	Fall 2016, as Proposed	Title 18 Pa.C.S. § 5724 requires the Commissioner of the Pennsylvania State Police and the Attorney General to establish a training course for certification related to conducting wiretapping and electronic surveillance. Revisions to Chapter 51 as it relates to officer certification/ re-certification and authorization to engage in the conduct of communications interception will be proposed to adjust the training to current technology and operational needs.	Sergeant Robert L. Bailey (717) 783-5566
Administration of Megan's Law—Neighbor Notification 37 Pa. Code Chapter 55	Fall 2016, as Final-Omitted	Title 42 Pa.C.S. § 9799.1, in part, required the Pennsylvania State Police write regulations regarding neighbor notification of the current residence of sexually violent predators. This section expired December 20, 2012, and on that date the requirements of Title 42 Pa.C.S. § 9799.32 became effective. These new requirements, in part, place a duty on the Pennsylvania State Police to write guidelines regarding neighbor notification under § 9799.27(b)(1). Since there is no longer statutory authority for Chapter 55, it will be removed and reserved in its entirety. The contents will be updated and published as guidelines in a Statement of Policy.	Sergeant Robert L. Bailey (717) 783-5566
Pennsylvania State System of Higher Education (PASSHE)
No regulations being developed or considered at this time.
Public School Employees' Retirement System (PSERS)
No regulations being developed or considered at this time.
Department of Revenue (DOR)
Amendments to Local Option Small Games of Chance (SGOC) 61 Pa. Code Chapter 901a	February 2017, as Proposed	The Department is proposing to replace Chapter 901 with a new Chapter 901a as a result of the amendments to the SGOC law. The proposed rulemaking will reorganize and clarify the SGOC regulations as well as incorporate necessary changes to implement Acts 2 and 184 of 2012 and Acts 90 and 92 of 2013.	John Brenner (717) 705-3906
General Provisions Application of Payments 61 Pa. Code Chapter 5a	January 2017, as Proposed	The Department is promulgating this regulation to clarify the provisions of the Taxpayers' Bill of Rights and provide a procedure for the application of a payment received from a taxpayer to tax liability owed the Department.	Douglas Berguson (717) 346-4633
Amendments to Chapter 93—Inheritance Tax 61 Pa. Code § 93.101	Sept. 2016, as Final	The Department is promulgating this amendment to remove an obsolete regulation § 93.101 Medical expenses and insurance, superseded by statute (72 P.S. § 9129(k)).	Thomas Gohsler (717) 783-7539
Amendments to Realty Transfer Tax (RTT) Regulations 61 Pa. Code Chapter 91	January 2017, as Proposed	Amendments to the RTT regulations are being proposed to improve the clarity and effectiveness of the regulations. Additionally, the proposed amendments will be consistent with Department policy and the language in the RTT statute.	John Brenner (717) 705-3906
Department of State (DOS)
State Board of Accountancy
General Revisions (Act 73 and Act 15 Amendment) 49 Pa. Code Chapter 11 (#16A-5513)	Fall 2016, as Final	This final rulemaking implements the amendments to the CPA Law made by the act of July 9, 2008 (P.L. 954, No. 73) (Act 73), and the act of June 19, 2013 (P.L. 46, No. 15) (Act 15). Act 73 provided for practice in this Commonwealth under substantial equivalence by persons licensed in other states and provided new education and experience standards for licensure. Act 15 eliminated the requirement that applicants for licensure demonstrate 400 hours of experience in attest activity as a condition of licensure.	Sara Fox (717) 783-1404
Schedule of Civil Penalties 49 Pa. Code Chapter 43b (#16A-5514)	Fall 2016, as Final	This final rulemaking amends the schedule of civil penalties for certain violations of the CPA Law (63 P.S. §§ 9.1—9.16b) and the regulations of the State Board of Accountancy (Board) to comport with amendments made by the Board to its substantive regulations relating to continuing education violations.	Sara Fox (717) 783-1404
State Athletic Commission
Prohibited Drug Testing 58 Pa. Code Part I, Subpart A, Chapter 15 (#16-58)	Fall 2016, as Proposed	The proposed rulemaking would revise existing regulations on drug testing for boxers, mixed martial arts participants and kick boxers, as authorized under the Boxing Act.	Martha Brown (717) 787-6802
State Architects Licensure Board
Electronic Seals and Signing 49 Pa. Code Chapter 9 (#16A-4110)	Summer 2016, as Proposed	In addition to updating their current regulations on seals, the three boards that regulate design professionals in this Commonwealth (including the State Architects Licensure Board, the State Registration Board for Engineers, Land Surveyors and Geologists, and the State Board of Landscape Architects) are proposing new regulations setting forth standard requirements for electronic seals and electronic signing of design documents. The goal of these proposals is to provide all design professionals with regulations that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients.	Amanda Li (717) 783-3397
State Board of Auctioneer Examiners
Schedule of Civil Penalties 49 Pa. Code § 43b.12a (#16A-648)	Winter 2016-17, as Proposed	The proposed rulemaking would make updates to the current schedule of civil penalties for violations of the Auctioneer Licensing and Trading Assistant Registration Act and regulations of the State Board of Auctioneer Examiners.	Terrie Kocher (717) 783-3397
State Board of Barber Examiners
Schedule of Civil Penalties 49 Pa. Code § 43b.4 (#16A-4210)	Fall 2016, as Final-Omitted	This rulemaking would simply change the authority under which many of the current civil penalties are being issued from the statutory provision in the Barber License Law to the applicable provision in the regulations of the State Board of Barber Examiners. In making this change, the legal authority supporting the schedule of civil penalties will be clearer.	Kelly Diller (717) 783-7130
General Revisions 49 Pa. Code Chapter 3 (#16A-429)	Fall 2016, as Proposed	The proposed rulemaking would update the regulations for barber managers, temporary student licenses, barber shops and schools of barbering to update obsolete provisions of the Board's regulations. Some of the regulations contain outdated terminology. Also, the Board would update the regulations to make them consistent with the Barber License Law and current practices of the Board and its licensees.	Kelly Diller (717) 783-7130
State Board of Chiropractic
Chiropractic Specialties 49 Pa. Code Chapter 5 (#16A-4312)	Fall 2016, as Proposed	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. The proposed rulemaking would prohibit a chiropractor from advertising that the chiropractor holds certification or otherwise is a specialist in a chiropractic specialty unless the chiropractor holds certification or diplomate status from a specialty board recognized by the American Board of Chiropractic Specialties. These specialty boards all require passing a certification examination after either a full-time residency of at least 3 years or a part-time program of more than 300 hours of education and clinical practice. This proposal protects consumers of chiropractic services who can be mislead by advertising of ''certifications'' that do not truly reflect advanced knowledge, training or skill.	Michelle Roberts (717) 783-7155
Child Abuse Reporting Requirements 49 Pa. Code §§ 5.91—5.96 (#16A-4322)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Chiropractic obtain required training in child abuse recognition and reporting.	Michelle Roberts (717) 783-7155
Distance Education 49 Pa. Code § 5.79 (#16A-4323)	Summer 2016, as Final	Section 507(a) of the Chiropractic Practice Act (act) (63 P.S. § 625.507(a)) requires each licensed chiropractor to complete at least 24 hours of continuing chiropractic education within the immediately preceding 2-year period as a condition of biennial license renewal. This final rulemaking would expressly permit continuing education to be completed through courses offered by distance education, subject to Board approval, but limit it to 50% of the required hours.	Michelle Roberts (717) 783-7155
Radiological Procedures Examination 49 Pa. Code §§ 5.6 and 5.63 (#16A-4324)	Fall 2016, as Final	Section 522(a)(ii) of the act (63 P.S. § 625.522(a)(ii)) prohibits auxiliary personnel from performing radiologic procedures on the premises of a chiropractor unless the person has passed an examination approved by the Board and administered by a third-party testing service. The proposed rulemaking would delete the fee for the radiological procedures examination and reference to the application forms and would require auxiliary personnel to submit applications and pay the fee directly to the testing service rather than applying to the Board. This change is needed to comport to actual practice.	Michelle Roberts (717) 783-7155
Government Employee Liability Coverage 49 Pa. Code §§ 5.17(f) and 5.41 (#16A-4325)	Fall 2016, as Proposed	The Chiropractic Practice Act requires chiropractors to maintain professional liability insurance, including self-insurance. This regulation would permit a licensee who practices exclusively on behalf of the government to meet this requirement by reliance upon the coverage provided under the Federal Tort Claims Act or the Sovereign Immunity Act as administered by the Commonwealth's Employee Liability Self-insurance Program.	Michelle Roberts (717) 783-7155
Bureau of Commissions, Elections and Legislation
Lobbying Disclosure Thresholds 51 Pa. Code §§ 51.1 and 57.2 (number not yet assigned)	Fall 2016, as Final-Omitted	Section 13A08(j) of the Lobbying Disclosure Act (act) (65 Pa.C.S. § 13A08(j)) requires the Department to review the threshold for exemption from registration and reporting every two years and increase those thresholds to ''rates deemed reasonable for assuring appropriate disclosure'' of lobbying expenditures. The Department has already published a notice of its intent to raise the thresholds from $2,500 to $3,000, effective January 1, 2017. This rulemaking would amend the regulations to reflect the updated threshold amounts.	Ian Everhart (717) 346-0462
Notaries Public 4 Pa. Code Part VIII, Subpart C (#16-59)	Summer 2016, as Proposed	The proposed rulemaking would implement the act of October 9, 2013 (P.L. 609, No. 73), which adopted the Revised Uniform Law on Notarial Acts (RULONA).	Martha Brown (717) 787-6802
Electronic Recording Commission—Real Property Electronic Recording Standards 4 Pa. Code, Part VIII, Subchapter G (#16-57)	Fall 2016, as Temporary Regulations	These temporary regulations would implement the act of July 5, 2012 (Uniform Real Property Electronic Recording Act) (P.L. 935, No. 100). The temporary regulations put forth initial standards relating to electronic recording of real property documents developed by the Electronic Recording Commission.	Martha Brown (717) 787-6802
Bureau of Corporations and Charitable Organizations
Names (including Symbols and Characters) 19 Pa. Code Chapter 17 (number not yet assigned)	Summer 2016, as Proposed	Section 133(a)(vi) of the Association Transactions Act authorizes the Department to specify the symbols or characters which do not make a name distinguishable on the records of the Department or may be used in the name of an entity. This rulemaking will revise the chapter on Names and add provisions on symbols and characters.	Martha Brown (717) 787-6802
UCC Revised Article 9 (#16-35)	Fall 2016, as Proposed	This proposed rulemaking would adopt, with some revisions, the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments.	Martha Brown (717) 787-6802
State Board of Cosmetology
Schedule of Civil Penalties 49 Pa. Code § 43b.5 (#16A-4517)	Fall 2016, as Proposed	This proposed rulemaking would amend the schedule of civil penalties for the State Board of Cosmetology promulgated by the Commissioner of Professional and Occupational Affairs under the authority of the act of July 2, 1993 (P.L. 345, No. 48) (Act 48). The State Board of Cosmetology (Board) has participated in the Act 48 citation program from its inception in 1996 and has not increased the amounts in the schedule of civil penalties since they were originally promulgated. The Board believes that it is necessary to increase the civil penalties in order to improve their deterrent effect.	Kelly Diller (717) 783-7130
Massage Therapists in Cosmetology or Esthetician Salons 49 Pa. Code Chapter 7 (#16A-4518)	Fall 2016, as Proposed	The act of September 24, 2014 (P.L. 2476, No. 136) (Act 136) allows massage therapists to practice within the licensed square footage of a cosmetology or esthetician salon and requires the State Board of Cosmetology and the State Board of Massage Therapy to jointly promulgate regulations to implement these changes. This rulemaking effectuates these provisions of Act 136.	Kelly Diller (717) 783-7130
Examination 49 Pa. Code Chapter 7 (#16A-4519)	Fall 2016, as Proposed	Historically, the licensure examinations for licensees of the State Board of Cosmetology required the passing of a written (theory) portion and a practical portion in which the candidate demonstrated the necessary skills. Act 136 eliminated the practical portion of the examination, leaving the Board with only a written examination that covers both theory and practical application questions. This rulemaking implements that portion of Act 136.	Kelly Diller (717) 783-7130
State Board of Crane Operators
Schedule of Civil Penalties 49 Pa. Code Chapter 43b (#16A-7103)	Summer 2016, as Proposed	The proposed regulation would create a schedule of civil penalties for violations of the Crane Operator Licensure Act and regulations of the State Board of Crane Operators.	Amanda Li (717) 783-1404
State Board of Dentistry
Anesthesia Update 49 Pa. Code, Subchapter E, §§ 33.331—33.342 (#16A-4621)	Fall 2016, as Proposed	This proposed rulemaking would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices to conform to and adopt the current standards used by the dental profession.	Lisa Burns (717) 783-7162
Child Abuse Reporting Requirements 49 Pa. Code § 33.250 (#16A-4626)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Dentistry obtain required training in child abuse recognition and reporting.	Lisa Burns (717) 783-7162
General Revisions 49 Pa. Code Chapter 33 (#16A-4628)	Summer 2016, as Proposed	The State Board of Dentistry has undertaken a review of existing regulations with the goal of updating the regulations and eliminating outdated and obsolete provisions. This proposed rulemaking would generally amend, update and clarify the regulations relating to fictitious names, biennial renewal, inactive status, reactivation, licensure by criteria approval, acceptable proof of professional liability insurance, use of titles, advertising, unprofessional conduct, multi-disciplinary professional corporations, exclusion of auxiliary personnel from performing radiological procedures and continuing dental education.	Lisa Burns (717) 783-7162
Schedule of Civil Penalties 49 Pa. Code § 43b.14a (#16A-4630)	Fall 2016, as Proposed	The State Board of Dentistry has participated in the Act 48 citation program since 2001 and has not increased the amounts in the schedule of civil penalties for lapsed license/certificate violations since they were originally promulgated. The Board believes that it is necessary to increase the civil penalties to improve their deterrent effect. In addition, the proposal would add a schedule of civil penalties for continuing education violations.	Lisa Burns (717) 783-7162
Temporary Volunteer Dental Licenses 49 Pa. Code § 33.118 (#16A-4631)	Fall 2016, as Proposed	This proposed regulation would implement the act of February 4, 2014 (P.L. 19, No. 7) (Act 7) to set forth the procedures to apply for a temporary volunteer dental license. The purpose of Act 7 of 2014 was to allow out-of-state dentists to volunteer their services in this Commonwealth and to participate in volunteer events/activities sponsored by the American Dental Association (ADA) and other National associations that may take place within the Commonwealth. This rulemaking effectuates Act 7.	Lisa Burns (717) 783-7162
Restricted Faculty Licenses 49 Pa. Code Chapter 33 (#16A-4632)	Fall 2016, as Proposed	The act of July 2, 2014 (P.L. 828, No. 89) (Act 89) amended the Dental Law to provide for restricted faculty licenses. A restricted faculty license is granted to an individual for the limited purpose of teaching in a dental school or advanced dental education program as a faculty member at an accredited dental school in this Commonwealth. This rulemaking effectuates Act 89.	Lisa Burns (717) 783-7162
State Registration Board for Professional Engineers, Land Surveyors and Geologists
Electronic Seals and Signatures 49 Pa. Code Chapter 37 (#16A-4712)	Fall 2016, as Proposed	In addition to updating their current regulations on seals, the three boards that regulate design professionals in this Commonwealth (including the State Architects Licensure Board, the State Registration Board for Engineers, Land Surveyors and Geologists, and the State Board of Landscape Architects) are proposing new regulations setting forth standard requirements for electronic seals and electronic signing of design documents. The goal of these proposals is to provide all design professionals with regulations that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients.	Robin Shearer (717) 783-7049
Renewal Fees 49 Pa. Code § 37.17 (#16A-4713)	Fall 2016, as Final	Under section 9(a) of the Professional Engineer, Land Surveyor and Geologist Registration Law (63 P.S. § 156(a)) (act), the Board is required by law to support its operations from the revenue it generates from fees, fines and civil penalties. In addition, the act provides that the Board shall increase fees if the revenue raised by fees, fines and civil penalties is not sufficient to meet expenditures over a 2-year period. The current fee structure is inadequate to support the operations of the Board. This proposed rulemaking seeks to increase the biennial renewal fee for licensees from $50 to $100 so that revenues are sufficient to cover projected expenditures as required by the act.	Robin Shearer (717) 783-7049
State Board of Funeral Directors
Continuing Education Enforcement 49 Pa. Code Chapter 13 (#16A-4819)	Fall 2016, as Proposed	Under the Funeral Directors Law, all licensees are required to renew licenses biennially and complete at least 6 hours of approved continuing education courses as a condition of renewal. This proposed rulemaking would update and clarify the Board's regulations relating to renewal of licenses and enforcement of continuing education.	Heidy Weirich (717) 783-3397
Schedule of Civil Penalties— Funeral Directors 49 Pa. Code § 43b.6 (#16A-4820)	Fall 2016, as Proposed	A companion to 16A-4819, this proposed regulation would amend § 43b.6 to establish a schedule of civil penalties for continuing education enforcement, including civil penalties for failing to complete the required amount of continuing education, providing a false or inaccurate certification relating to completion of continuing education and failing to respond to an audit request.	Heidy Weirich (717) 783-3397
Child Abuse Reporting Requirements 49 Pa. Code §§ 13.301—13.307 (#16A-4824)	Fall 2016, as Proposed	This proposed regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL. Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. This rulemaking implements those changes, including the requirement that all applicants and licensees of the State Board of Funeral Directors obtain required training in child abuse recognition and reporting.	Heidy Weirich (717) 783-3397
Names 49 Pa. Code Chapter 13 (#16A-4827)	Fall 2016, as Proposed	In a recent Federal lawsuit, the Third Circuit Court of Appeals held that certain provisions in the Funeral Director Law that prohibited the use of trade names are an unconstitutional violation of free commercial speech under the First Amendment to the U.S. Constitution. This rulemaking proposes to set standards for the use of names by a funeral entity and eliminate restrictions previously established under those provisions of the Funeral Director Law that have been determined to be unconstitutional.	Heidy Weirich (717) 783-3397
Supervisor 49 Pa. Code Chapter 13 (#16A-4828)	Fall 2016, as Proposed	This proposed rulemaking would clarify each funeral establishment's need to have a supervisor and provide the requirements for registration and the responsibilities of the supervisor.	Heidy Weirich (717) 783-3397

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