[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 State Board of Landscape Architects
General Revisions
49 Pa. Code Chapter 15
(#16A-6111)Winter 2016-17, as Proposed The State Board of Landscape Architects has undertaken a comprehensive review of its current regulations in an effort to update obsolete and incomplete provisions, to revise them to conform with current practices and to be consistent with the Landscape Architects Registration Law. This proposed rulemaking implements updates to current practices of the Board with respect to qualifications and experience, examinations and continuing education. Terrie Kocher
(717) 772-8528Electronic Seals and Signatures
49 Pa. Code Chapter 15
(#16A-6112)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. Terrie Kocher
(717) 772-8528Schedule of Civil Penalties—
Landscape Architects
49 Pa. Code Chapter 43b
(#16A-6120)Fall 2016, as Proposed This proposed rulemaking would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Terrie Kocher
(717) 772-8528State Board of Massage Therapy Child Abuse Reporting Requirements
49 Pa. Code Chapter 20
(#16A-722)Fall 2016, as Proposed This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensed massage therapists. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the State Board of Massage Therapists obtain required training in child abuse recognition and reporting. Carol Niner
(717) 783-7155Schedule of Civil Penalties—
Massage Therapists
49 Pa. Code § 43b.23a
(#16A-723)Fall 2016, as Final The rulemaking updates the schedule of civil penalties promulgated as a statement of policy in 2010. The rulemaking seeks to increase the deterrent effect by increasing the civil penalties for certain violations and adds additional offenses to the schedule. Carol Niner
(717) 783-7155Fees
49 Pa. Code § 20.3
(#16A-724)Fall 2016, as Proposed Under section 11 of the Massage Therapy Act (63 P.S. § 627.11) the State Board of Massage Therapy is required to support its operations by the revenue it generates from fees, fines and civil penalties. In addition, it provides that the Board shall increase fees if revenue is not sufficient to meet projected expenditures. Under the current fee structure, the Board cannot produce enough revenue to meet projected expenditures. This proposal would increase biennial renewal fees for massage therapists, application fees, and fees for temporary practice permits. Carol Niner
(717) 783-7155State Board of Medicine Use of Medical Lasers
49 Pa. Code Chapter 18, Subchapter G
(#16A-4939)Winter 2016-17, as Proposed This proposed rulemaking is intended to clarify the requirements for the use and delegation of the use of medical lasers. Based on the information available, the Board concluded that the use of prescription or medical lasers and other high energy source medical devices for the treatment of skin conditions by unlicensed individuals without adequate medical supervision presents an unreasonable risk of serious harm and potential permanent scarring or disfigurement. The Board proposes this rulemaking, which will bring the Board's regulations in line with the majority of other states that have already promulgated regulations related to these devices. Suzanne Zerbe
(717) 783-1400Child Abuse Reporting Requirements
49 Pa. Code §§ 16.101—16.107
(#16A-4941)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 Medicine obtain required training in child abuse recognition and reporting. Suzanne Zerbe
(717) 783-1400Schedule of Civil Penalties
49 Pa. Code Chapter 43b, § 43b.20
(#16A-4942)Fall 2016, as Proposed This proposed rulemaking provides for a schedule of civil penalties for licensees of the State Board of Medicine who fail to make reports required under section 903(1) and (4) of the Medical Care Availability and Reduction of Error Act (40 P.S. § 1303.903(1) and (4)), fail to timely complete mandatory continuing education, practice on an expired license, or have minor disciplinary action imposed by the proper licensing authority of another state. These additions are intended to take advantage of the efficiencies of the Act 48 citation process. Suzanne Zerbe
(717) 783-1400Prosthetists, Orthotists, Pedorthists and Orthotic Fitters
49 Pa. Code Chapters 16 and 18
(#16A-4943)Summer 2016, as Final The act of July 5, 2012 (P.L. 873, No. 90) (Act 90) and the act of July 2, 2014 (P.L. 941, No. 104) (Act 104) amended the Medical Practice Act of 1985, to require the State Board of Medicine to issue licenses to prosthetists, orthotists, pedorthists and orthotic fitters, to regulate the practice of these professions and to discipline licensees. This final-form rulemaking would implement Act 90 and Act 104. Suzanne Zerbe
(717) 783-1400Acupuncture
49 Pa. Code §§ 18.13—18.15
(#16A-4944)Winter 2016-17, as Proposed This proposed rulemaking implements the act of September 24, 2014 (P.L. 2472, No. 134) which amended the Acupuncture Licensure Act (63 P.S. §§ 1801—1806.1) to require acupuncturists and practitioners of Oriental medicine to carry professional liability insurance and to permit these licensees to provide services without a diagnosis from a physician, podiatrist or dentist for asymptomatic patients. Suzanne Zerbe
(717) 783-1400Physician Assistant Supervisory Agreement
(#16A-4946)Winter 2016-17, as Proposed The rulemaking is needed to bring the Board's existing regulations relating to physician assistant supervisory agreements (written agreements) into conformity with changes made by the act of November 27, 2013 (P.L. 1143, No. 100) with regard to physician review and countersignature of patient charts for patients seen by physician assistants. Suzanne Zerbe
(717) 783-1400State Board of Nursing
General Revisions
49 Pa. Code Chapter 21
(#16A-5125)Fall 2016, as Final This rulemaking would revise the State Board of Nursing's regulations relating to the timeframes within which candidates for licensure as registered nurses, practical nurses and dietitian-
nutritionists must first take and ultimately pass the appropriate licensing examination and updates and makes uniform application and examination provisions across the licensure categories.Cindy Miller
(717) 783-7142Nursing Education Programs
49 Pa. Code Chapter 21
(#16A-5129)Winter 2016-17, as Proposed This proposed rulemaking updates and synthesizes the Board's nursing education program approval requirements for pre- and post-licensure education programs for practical nurses, professional nurses and certified registered nurse practitioners into one subchapter. Cindy Miller
(717) 783-7142Child Abuse Reporting Requirements
49 Pa. Code §§ 21.501—21.507
(#16A-5140)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 Nursing obtain required training in child abuse recognition and reporting. Cindy Miller
(717) 783-7142State Board of Examiners of Nursing Home Administrators
Schedule of Civil Penalties
49 Pa. Code Chapter 43b, § 43b.17
(#16A-6213)Fall 2016, as Proposed This proposed rulemaking 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. Chris Stuckey
(717) 783-7155Notice Requirements
49 Pa. Code §§ 39.92 and 39.93
(#16A-6217)Fall 2016, as Final This rulemaking clarifies notice requirements relating to convictions of crimes and return of suspended or revoked licenses. Chris Stuckey
(717) 783-7155Child Abuse Reporting Requirements
49 Pa. Code Chapter 39
(#16A-6218)Fall 2016, as Proposed This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensed nursing home administrators. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the State Board of Examiners of Nursing Home Administrators obtain required training in child abuse recognition and reporting. Chris Stuckey
(717) 783-7155State Board of Occupational Therapy Education and Licensure
Child Abuse Reporting Requirements
49 Pa. Code Chapter 42
(#16A-679)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 Occupational Therapy Education and Licensure obtain required training in child abuse recognition and reporting. Carol Niner
(717) 783-1389Code of Ethics
49 Pa. Code § 42.24
(#16A-6710)Winter 2016-17, as Final Beginning in 2011, the Board undertook a review of the language existing in § 42.24 and has compared it to various editions of the AOTA Occupational Therapy Code of Ethics. As a result of its review, the Board determined that it should update § 42.24 by adopting the 2015 AOTA Code of Ethics, which the Board finds to be the minimum standard of ethical conduct for occupational therapists and occupational therapy assistants in this Commonwealth. The AOTA Code of Ethics not only reflects the Board's own view of ethical practice, but will also keep the Commonwealth's ethical standards consistent with the National standards. Carol Niner
(717) 783-1389General Revisions
49 Pa. Code Chapter 42
(#16A-6711)Winter 2016-17, as Final The act of July 5, 2012 (P.L. 1132, No. 138) (Act 138) amended the Occupational Therapy Practice Act to, among other things, require the maintenance of professional liability insurance by occupational therapists, provide for the imposition of civil penalties in accordance with the act of July 2, 1993 (P.L. 345, No. 48), permit the Board to participate in the Bureau's ''impaired professionals program,'' and authorize the Board to establish additional requirements for licensure renewal designed to assure continued competency for occupational therapy assistants. This rulemaking implements the professional liability insurance and continued competency provisions of Act 138. Carol Niner
(717) 783-1389State Board of Optometry
General Revisions
49 Pa. Code Chapter 23
(#16A-5213)Summer 2016, as Proposed Section 3(b)(14) of the Optometric Practice and Licensure Act (act) gives the Board the authority to promulgate all rules and regulations necessary to carry out the purposes of the act. Section 5(b) of the act provides the minimal requirements for continuing education of 30 hours in a biennial period for licensed optometrists. The Board is proposing amendments to its existing regulations to ensure that clear guidance is given to licensees in prescribing contact lenses, reporting continuing education and the standards for accepting commercial support from the providers of continuing education. Chris Stuckey
(717) 783-7155Child Abuse Reporting Requirements
49 Pa. Code §§ 23.111—23.116
(#16A-5215)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 Optometry obtain required training in child abuse recognition and reporting. Chris Stuckey
(717) 783-7155State Board of Osteopathic Medicine
Child Abuse Reporting Requirements
49 Pa. Code §§ 25.401—25.416
(#16A-5326)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 Osteopathic Medicine obtain required training in child abuse recognition and reporting. Aaron Hollinger
(717) 783-4858Prescribing
49 Pa. Code § 25.218
(#16A-5330)Winter 2016-17, as Proposed The State Board of Osteopathic Medicine proposes this rulemaking to set forth the minimum acceptable standards of practice that an osteopathic physician or physician assistant licensed by the Board must follow when prescribing, administering or dispensing controlled substances or one specific additional drug which shares serious potential for addiction and abuse (butalbital). Butalbital is a barbiturate that is known to have addictive and abuse potential and is prone to overuse by the consumer. Aaron Hollinger
(717) 783-4858Acupuncture
49 Pa. Code §§ 25.231 and 25.301—25.314
(#16A-5331)Winter 2016-17, as Proposed This proposed rulemaking implements the act of September 24, 2014 (P.L. 2472, No. 134) which amended the Acupuncture Licensure Act (63 P.S. §§ 1801—1806.1) to require acupuncturists and practitioners of Oriental medicine to carry professional liability insurance and to permit these licensees to provide services without a diagnosis from a physician, podiatrist or dentist for asymptomatic patients. It also makes general updates to the regulations to be consistent with the regulations of the State Board of Medicine relating to acupuncture. Aaron Hollinger
(717) 783-4858Physician Assistant Supervisory Agreements
49 Pa. Code Chapter 25, Subchapter C
(#16A-5332)Winter 2016-17, as Proposed The rulemaking is needed to bring the Board's existing regulations relating to physician assistant supervisory agreements (written agreements) into conformity with changes made by the act of November 27, 2013 (P.L. 1145, No. 101) with regard to physician review and countersignature of patient charts for patients seen by physician assistants. Aaron Hollinger
(717) 783-4858State Board of Pharmacy
Compounding Practices
49 Pa. Code Chapter 27
(#16A-5419)Summer 2016, as Proposed Through careful review and with input from stakeholders, the State Board of Pharmacy proposes to update its regulations to incorporate developments and improvements in the profession's safe, sterile practices and procedures for the compounding of pharmaceutical products for patients. Melanie Zimmerman
(717) 783-7156Child Abuse Reporting Requirements
49 Pa. Code Chapter 27
(#16A-5430)Fall 2016, as Proposed This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensees of the State Board of Pharmacy. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the Board obtain required training in child abuse recognition and reporting. Melanie Zimmerman
(717) 783-7156Administration of Injectable Medications, Biologicals and Immunizations
49 Pa. Code §§ 27.401—27.407
(#16A-5431)Fall 2016, as Proposed In June of 2015, the Pharmacy Act was amended to reduce the age of patients that a pharmacist could administer influenza vaccines from 18 to 9 and to allow pharmacy interns to administer injectable medications, biologicals and immunizations. This rulemaking implements the 2015 amendments to the act. Melanie Zimmerman
(717) 783-7156State Board of Physical Therapy
Continuing Education Enforcement
49 Pa. Code §§ 40.67(f) and 40.192(f)
(#16A-6515)Fall 2016, as Final In conjunction with the civil penalty schedule that follows, this rulemaking would amend the continuing education regulations with regard to enforcement. To obtain greater compliance with the underlying continuing education requirements, this rulemaking amends the Board's regulations to address curing the deficiency when a licensee is found to be in violation of the continuing education regulations. Michelle Roberts
(717) 783-7134Schedule of Civil Penalties
49 Pa. Code Chapter 43b
(#16A-6516)Fall 2016, as Final This 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 and for continuing education violations. As is being done for other licensing boards with continuing education requirements, the Commissioner is proposing a civil penalty schedule for violation of the continuing education requirements for licensees of the Board, because the Commissioner and Board believe the Act 48 citation process will be a much more efficient method of handling these violations, while still ensuring licensees due process. Michelle Roberts
(717) 783-7134Post-Act 38 Corrections
49 Pa. Code Chapter 40
(#16A-6517)Winter 2016-17, as Final The act of July 4, 2008 (P.L. 293, No. 38) (Act 38) substantially amended the act, including qualifications for licensure as a physical therapist, continuing education for all physical therapists and physical therapist assistants, professional liability insurance for all physical therapists, physician referral, and supervision of physical therapist assistants by physical therapists on a basis that may be less than direct on-premises supervision. Due to the extensive nature and breadth of these amendments, on December 22, 2012, at 42 Pa.B. 7652, the Board amended its regulations to implement Act 38. After final promulgation, the Board discovered various typographical errors to correct, necessary clarity edits and other items that were not, but could have been, addressed in the prior rulemaking. This rulemaking proposes to address those items. Michelle Roberts
(717) 783-7134Child Abuse Reporting Requirements
49 Pa. Code §§ 40.201—40.207
(#16A-6518)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 Physical Therapy obtain required training in child abuse recognition and reporting. Michelle Roberts
(717) 783-7134State Board of Podiatry
General Revisions
49 Pa. Code Chapter 29
(#16A-448)Fall 2016, as Proposed This proposed regulation would be a general update addressing unprofessional conduct and code of ethics; return to practice after a period of absence; CE reporting, auditing and enforcement; licensure by reciprocity. It also removes outdated regulations and makes the regulations gender-neutral. The regulation is needed to keep the profession current and assure that the regulations reflect current practices. Aaron Hollinger
(717) 783-4858Certificate of Authority to Perform Acupuncture
49 Pa. Code Chapter 29
(#16A-449)Winter 2016-17, as Proposed This proposed rulemaking would establish the fees and regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Through this rulemaking the State Board of Podiatry strives to ensure that podiatrists who perform acupuncture will have the proper training. Aaron Hollinger
(717) 783-4858Child Abuse Reporting Requirements
49 Pa. Code §§ 29.91—29.97
(#16A-4412)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 Podiatry obtain required training in child abuse recognition and reporting. Aaron Hollinger
(717) 783-4858Schedule of Civil Penalties—
Podiatrists
49 Pa. Code Chapter 43b
(#16A-4413)Fall 2016, as Final This proposed rulemaking would adopt a schedule of civil penalties for continuing education and lapsed license violations. This is the first time that the State Board of Podiatry will participate in the Act 48 citation program. The Commissioner and the Board believe that it is necessary to implement the civil penalties contained in this proposed rulemaking in order to streamline the disciplinary process. Aaron Hollinger
(717) 783-4858State Board of Psychology
Continuing Education
49 Pa. Code § 41.59
(#16A-6317)Fall 2016, as Proposed The Board, in its effort to continually review the efficacy of its regulations, has again reviewed the continuing education regulations and has determined that amendments are needed to update, revise and clarify the continuing education requirements. This proposed rulemaking would amend the requirements relating to home study, instruction and carry over. Chris Stuckey
(717) 783-7155Code of Ethics
49 Pa. Code § 41.61
(#16A-6324)Fall 2016, as Proposed This proposed rulemaking would update the Board's Code of Conduct to adopt the American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct and various enumerated APA practice guidelines. Chris Stuckey
(717) 783-7155Qualifications
49 Pa. Code § 41.31
(#16A-6320)Fall 2016, as Proposed In 2010, the Board published amendments to the regulations relating to education, examination and experience requirements for licensure. Since then, the Board has determined that additional amendments are needed to provide greater clarity. Chris Stuckey
(717) 783-7155Child Abuse Reporting Requirements
49 Pa. Code Chapter 41
(#16A-6322)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 Psychology obtain required training in child abuse recognition and reporting. Chris Stuckey
(717) 783-7155Volunteer Licenses
49 Pa. Code Chapter 41
(#16A-6325)Winter 2016-17, as Proposed This proposed rulemaking would implement the 2014 amendments to the Volunteer Health Services Act, which extended the coverage of the law to include mental health services. Chris Stuckey
(717) 783-7155State Board of Certified Real Estate Appraisers
Schedule of Civil Penalties—
Real Estate Appraisers
49 Pa. Code § 43b.15a
(#16A-7016)Fall 2016, as Proposed The proposed rulemaking will codify and amend the Board's current schedule of civil penalties. Since the publication of the schedule in 2004, there have been several amendments to the Real Estate Appraiser Certification Act (REACA) which have altered several provisions that were included in the current schedule of civil penalties. In addition, the experience of the Board during the intervening years has demonstrated that additional violations, for example, continuing education violations, are appropriately disposed by the Act 48 citation process. Heidy Weirich
(717) 783-4866Assessment Record Keeping and Reporting
49 Pa. Code §§ 36.201 and 36.265
(#16A-7018)Fall 2016, as Proposed The proposed rulemaking updates the Board's regulations to reflect current practice followed by assessment offices throughout the Commonwealth, and to assure consistency with Uniform Standards of Appraisal Practice (USPAP) and International Association of Assessing Officers (IAAO) standards of assessment practice. Heidy Weirich
(717) 783-4866General Rulemaking for Appraisal Management Companies
49 Pa. Code Chapter 36
(#16A-7021)Winter 2016-17, as Final The proposal would govern the registration of appraisal management companies as required by the Appraisal Management Company Registration Act, 63 P.S. §§ 457.21—457.31. Temporary regulations pertaining to appraisal management companies expired on February 1, 2015. Heidy Weirich
(717) 783-4866General Revisions for Certified Real Estate Appraisers
49 Pa. Code Chapter 36
(#16A-7022)Fall 2016, as Proposed This proposed rulemaking updates the Board's regulations to reflect mandated Federal changes made by the Appraisal Qualifications Board of the Appraisal Foundation, which is charged with establishing education and experience requirements for real estate appraisers under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA). Heidy Weirich
(717) 783-4866State Real Estate Commission
Seller Property Disclosure Statement
49 Pa. Code § 35.335a
(#16A-5623)Fall 2016, as Final-Omitted This final-form rulemaking amends the seller property disclosure statement to comport to amendments made to the Real Estate Seller Disclosure Law in 2015 to include disclosures relating to sink holes and storm water facilities. Krista Lisenbach Team Advertising
49 Pa. Code Chapter 35
(#16A-5616)Fall 2016, as Proposed This proposed rulemaking establishes standards for team advertising. A number of licensed real estate professionals advertise and operate in groups known as ''teams.'' Teams are not defined or recognized under the Real Estate Licensure and Registration Act. These teams are not brokerages and could be easily confused by the public for a real estate broker in advertising. The Commission is now proposing these regulations to set binding standards for the advertisement of teams. Krista Lisenbach State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
Child Abuse Reporting Requirements
49 Pa. Code Chapters 47,
48 and 49
(#16A-6919)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 Social Workers, Marriage and Family Therapists and Professional Counselors obtain required training in child abuse recognition and reporting. Sandra Matter
(717) 783-1389Licensed Bachelor Social Worker
49 Pa. Code Chapter 47
(#16A-6922)Fall 2016, as Proposed The proposed rulemaking would amend the Board's regulations to implement the act of October 22, 2014 (P.L. 2884, No. 179) (Act 179) which provides for the establishment of a bachelor level social worker's license. The proposal establishes fees, licensure requirements, continuing education requirements, and standards of practice for licensed bachelor social workers. Sandra Matter
(717) 783-1389General Revisions
49 Pa. Code Chapters 47,
48 and 49
(#16A-6923)Fall 2016, as Proposed Beginning in 2012, and culminating with this proposed rulemaking, the Board has undertaken a comprehensive review of its regulations relating to qualifications for licensure, supervision of clinical experience, including the provision of supervision through electronic means, and continuing education. The purpose of this rulemaking is to eliminate outdated provisions, update standards to reflect modern technology, and to modernize the Board's processes relating to licensure. Sandra Matter
(717) 783-1389Volunteer Licenses
49 Pa. Code Chapters 47,
48 and 49
(#16A-6924)Winter 2016-17, as Proposed This proposed rulemaking would implement the 2014 amendments to the Volunteer Health Services Act which extended the coverage of the act to include the provision of mental health services. The rulemaking will allow licensees of the board to obtain volunteer licenses to permit them to provide mental health services through approved clinics or on referral from an approved organization without remuneration, provided they do not otherwise active practice. Sandra Matter
(717) 783-1389State Board of Examiners in Speech-Language Pathology and Audiology
General Revisions
49 Pa. Code Chapter 45
(#16A-6803)Fall 2016, as Proposed This proposed regulation would update the Board's existing regulations to delete or amend outdated provisions and to implement the act of July 2, 2014 (P.L. 971, No. 106) (Act 106 of 2014), which eliminated licensure of teachers of the hearing impaired and made other revisions to the Speech-
Language Pathologists and Audiologists Licensure Act.Sandra Matter
(717) 783-1389Child Abuse Reporting Requirements
49 Pa. Code §§ 45.401—45.407
(#16A-6805)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 Examiners in Speech-Language Pathology and Audiology obtain required training in child abuse recognition and reporting. Sandra Matter
(717) 783-1389State Board of Veterinary Medicine Licensure of Euthanasia Technicians
49 Pa. Code Chapter 31
(#16A-5726)Summer 2016, as Proposed This proposed rulemaking is necessary to implement the act of October 24, 2012 (P.L. 1452, No. 182) (Act 182 of 2012) which amended the Animal Destruction Method Authorization Law to require the State Board of Veterinary Medicine to register animal welfare organizations and to license euthanasia technicians to permit the organizations to purchase controlled substances and employ euthanasia technicians for the humane euthanasia of small domestic animals. Michelle Roberts
(717) 783-7134State Employees' Retirement System (SERS) Time for Recomputation of Annuity
4 Pa. Code § 247.5.1
(#31-14)October 2016, as Final This rulemaking 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. 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). The proposed deadline is seven years after the death, divorce or marriage triggering such right or upon occurrence of a superseding triggering event under § 5907(j), whichever occurs first.
After receiving the approval of the Office of General Counsel, Governor's Policy Office and Office of Budget, SERS delivered the final-form regulation packages to the House State Government Committee, the Senate Finance Committee, and IRRC on June 2, 2016.
The final-form regulation is listed on IRRC's Public Meeting Agenda for its July 21, 2016 meeting and is identified as ''Deemed Approved.''M. Catherine Nolan, Esq.
(717) 237-0392
Sharon Smith,
Legislative Specialist
(717) 237-0227
Jay Pagni,
Director of Communications and Policy
(717) 237-0236Member Contributions for the Purchase of Credit for Previous State Service or to Become a Full Coverage Member
4 Pa. Code § 245.4
(#31-14)October 2016, as Final This rulemaking would clarify the effects of the reinstatement or purchase of previous State service. An appellate and a Board decision have offered partial guidance in this area. This would enable consistent application of the statute and would reduce litigation of purchase of service issues. Member contributions for the purchase of credit for previous State service or to become a full coverage member. Any SERS member or multiple service member of the Public School Employees' Retirement System (''PSERS'') who applies to purchase credit for previous optional State service, must purchase credit for all such service simultaneously and it would also extend the payroll deduction payment period from the currently customary three years to six years.
After receiving the approval of the Office of General Counsel, Governor's Policy Office and Office of Budget, SERS delivered the final-form regulation packages to the House State Government Committee, the Senate Finance Committee, and IRRC on June 2, 2016.
The final-form regulation is listed on IRRC's Public Meeting Agenda for its July 21, 2016 meeting and is identified as ''Deemed Approved.''M. Catherine Nolan, Esq.
(717) 237-0392
Sharon Smith,
Legislative Specialist
(717) 237-0227
Jay Pagni,
Director of Communications and Policy
(717) 237-0236Department of Transportation (DOT)
Temporary Registration Cards and Plates
67 Pa. Code Chapter 43Winter 2016, as Proposed This rulemaking will effectuate consistent validity periods applicable to temporary registration cards and cardboard temporary registration plates for a vehicle which is acquired in Pennsylvania for in- and out-of-state registration and use. Anita Wasko
(717) 787-2171
Jeffrey Spotts
(717) 787-5299School Bus Drivers—Physical and Mental Criteria
67 Pa. Code Chapter 71Winter 2016, as Final This rulemaking will update the medical standards for school bus drivers that have brain disease, cognitive impairment or a mental/emotional disorder. Laura Krol
(717) 346-1907
Jeffrey Spotts
(717) 787-5299School Bus Drivers—Vision Standards and Loss of Consciousness Requirements
67 Pa. Code Chapter 71Winter 2016, as Final This rulemaking will update the medical standards for school bus drivers who have a loss of consciousness of unknown or uncategorized etiology and establish field of vision requirements. Laura Krol
(717) 346-1907
Jeffrey Spotts
(717) 787-5299Photographic Driver's License
67 Pa. Code Chapter 73Winter 2016, as Proposed This rulemaking will update the standards and procedures for initial issuance, renewal, replacement and duplicate issuance of a driver's license. Kara N. Templeton
(717) 787-2977
Jeffrey Spotts
(717) 787-5299Physical and Mental Criteria Relating to the Licensing of Drivers
67 Pa. Code Chapter 83Winter 2016, as Final This rulemaking will update the medical standards for license holders that have brain disease, cognitive impairment or a mental/emotional disorder. Laura Krol
(717) 346-1907
Jeffrey Spotts
(717) 787-5299Vision Standards and Loss of Consciousness Requirements Relating to the Licensing of Drivers
67 Pa. Code Chapter 83Winter 2016, as Final This rulemaking will update the medical standards for license holders who have a loss of consciousness of unknown or uncategorized etiology and establish field of vision requirements. Laura Krol
(717) 346-1907
Jeffrey Spotts
(717) 787-5299Actual Name on Certificate of Title, Driver's License, and Identification Card
67 Pa. Code Chapter 85Fall 2016, as Proposed This rulemaking will expand the options married individuals have with respect to their surname as listed on such documents as a vehicle title, driver's license or identification card from the Department. Chris Miller
(717) 787-2977
Jeffrey Spotts
(717) 787-5299Identification Cards
67 Pa. Code Chapter 91Winter 2016, as Proposed This rulemaking will update the standards and procedures for initial issuance, renewal, replacement and duplicate issuance of a Department issued identification card. Kara N. Templeton
(717) 787-2977
Jeffrey Spotts
(717) 787-5299Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic
67 Pa. Code Chapter 101Summer 2016, as Final This rulemaking amends existing regulations to be consistent with Department regulations at 67 Pa. Code 212 and Federal law (see, e.g., 23 C.F.R. Part 634). Glenn Rowe, P.E.
(717) 783-6479
Jeffrey Spotts
(717) 787-5299Mechanical Electrical and Electronic Speed Timing Devices
67 Pa. Code Chapter 105Summer 2016, as Final This rulemaking will update existing regulations 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. Kay Kishbaugh
(717) 787-2171
Jeffrey Spotts
(717) 787-5299Vehicle Equipment and Inspection
67 Pa. Code Chapter 175Summer 2016, as Proposed This rulemaking updates vehicle equipment and inspection standards to better reflect current technologies, consistent with recommendations made by the Department's Inspection Advisory Board. Kay Kishbaugh
(717) 787-2171
Jeffrey Spotts
(717) 787-5299Hauling in Excess of Posted Weight Limit
67 Pa. Code Chapter 189Winter 2016, as Final This rulemaking will update regulations to be consistent with amendments to the Vehicle Code under Act 89 of 2013. Halley Cole, P.E.
(717) 783-6146
Jeffrey Spotts
(717) 787-5299Official Traffic Control Devices
67 Pa. Code Chapter 212Winter 2016, as Proposed This rulemaking is needed to adopt revisions to the Manual on Uniform Traffic Control Devices (MUTCD) as applicable in Pennsylvania; to update references to Department publications; and to establish that the Secretary may determine the Department will install, operate, or maintain traffic signals, including certain traffic signal corridors (in lieu of local entities), as authorized by Act 89 of 2013. Glenn Rowe, P.E.
(717) 783-6479
Jeffrey Spotts
(717) 787-5299Intrastate Motor Carrier Safety
67 Pa. Code Chapter 231Fall 2016, as Proposed This rulemaking is necessary to waive hours of service and other requirements for mass transportation organizations and their drivers, while establishing new requirements consistent with the public interest. Danielle Spila
(717) 787-1208
Jeffrey Spotts
(717) 787-5299Hazardous Material Transportation
67 Pa. Code Chapter 403Summer 2016, as Proposed This rulemaking will remove outdated or superfluous language in the Department's Hazardous Materials regulations and ensure consistency with Federal regulations. Glenn Rowe, P.E.
(717) 783-6479
Jeffrey Spotts
(717) 787-5299
[Pa.B. Doc. No. 16-1182. Filed for public inspection July 8, 2016, 9:00 a.m.]
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