[46 Pa.B. 1119]
[Saturday, February 27, 2016]
[Continued from previous Web Page]
Regulation Being Considered
Proposed Date
Need and Legal Basis for
Agency Contact of Promulgation Action
State Athletic Commission Prohibited Drug Testing
58 Pa. Code Part I, Subpart A, Chapter 15
(16-58)Spring 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) 787-6802State Architects Licensure Board Electronic Seals and Signing
49 Pa. Code Chapter 9
(16A-4110)Spring 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) 783-3397State Board of Auctioneer Examiners Schedule of Civil Penalties
49 Pa. Code § 43b.12a
(16A-648)Summer 2016, as Proposed Under section 6(a) of the Auctioneer Licensing and Trading Assistant Registration Act (63 P. S. § 734.6(a)), the Board is required by law to support its operations from the revenue it generates from fees, fines and civil penalties. The final rulemaking increases biennial renewal fees for apprentice auctioneers from $100 to $130; and the biennial renewal fees for auctioneers, auction houses and auction companies will increase from $200 to $260 to meet projected expenditures as required by law. Terrie Kocher
(717) 783-3397State Board of Barber Examiners Schedule of Civil Penalties
49 Pa. Code § 43b.4
(16A-4210)Summer 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) 783-7130General Revisions
49 Pa. Code Chapter 3
(16A-429)Spring 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) 783-7130State Board of Chiropractic Chiropractic Specialties
49 Pa. Code Ch. 5
(16A-4312)Spring 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) 783-7155Child Abuse Reporting Requirements
49 Pa. Code §§ 5.91—5.96
(16A-4322)Summer 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) 783-7155Distance Education
49 Pa. Code § 5.79
(16A-4323)Spring 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) 783-7155Radiological Procedures Examination
49 Pa. Code §§ 5.6 and 5.63
(16A-4324)Summer 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) 783-7155Bureau of Commissions, Elections and Legislation Lobbying Disclosure Thresholds
51 Pa. Code §§ 51.1 and 57.2
(number not yet assigned)Summer 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) 346-0462Notaries Public
4 Pa. Code Part VIII, Subpart C
(number not yet assigned)Spring 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) 787-6802Electronic Recording Commission—Real Property Electronic Recording Standards
4 Pa. Code, Part VIII, Subchapter G
(16-57)Spring 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) 787-6802Bureau of Corporations and Charitable Organizations Names (including Symbols and Characters)
19 Pa. Code Chapter 17
(number not yet assigned)Spring 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) 787-6802UCC Revised Article 9
(16-35)Summer 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) 787-6802State Board of Cosmetology Schedule of Civil Penalties
49 Pa. Code § 43b.5
(16A-4517)Summer 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) 783-7130Massage Therapists in Cosmetology or Esthetician Salons
49 Pa. Code Chapter 7
(16A-4518)Spring 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) 783-7130Examination
49 Pa. Code Chapter 7
(16A-4519)Spring 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) 783-7130State Board of Crane Operators Schedule of Civil Penalties
49 Pa. Code Chapter 43b
(16A-7103)Spring 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) 783-1404State Board of Dentistry Anesthesia Update
49 Pa. Code, Subchapter E, §§ 33.331—33.342
(16A-4621)Summer 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) 783-7162Child Abuse Reporting Requirements
49 Pa. Code § 33.250
(16A-4626)Spring 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) 783-7162General Revisions
49 Pa. Code Chapter 33
(16A-4628)Spring 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) 783-7162Schedule of Civil Penalties
49 Pa. Code § 43b.14a
(16A-4630)Spring 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) 783-7162Temporary Volunteer Dental Licenses
49 Pa. Code § 33.118
(16A-4631)Spring 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) 783-7162Restricted Faculty Licenses
49 Pa. Code Chapter 33
(16A-4632)Spring 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) 783-7162State Registration Board for Professional Engineers, Land Surveyors and Geologists Electronic Seals and Signatures
49 Pa. Code Chapter 37
(16A-4712)Spring 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) 783-7049Renewal Fees
49 Pa. Code § 37.17
(16A-4713)Summer 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) 783-7049State Board of Funeral Directors Continuing Education Enforcement
49 Pa. Code Chapter 13
(16A-4819)Summer 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) 783-3397Schedule of Civil Penalties—Funeral Directors
49 Pa. Code § 43b.6
(16A-4820)Summer 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) 783-3397Child Abuse Reporting Requirements
49 Pa. Code §§ 13.301—13.307
(16A-4824)Summer 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) 783-3397Names
49 Pa. Code Chapter 13
(16A-4827)Spring 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) 783-3397State Board of Landscape Architects General Revisions
49 Pa. Code Chapter 15
(16A-6111)Summer 2016, 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)Spring 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)Summer 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. Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a). Terrie Kocher
(717) 772-8528
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