[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 Board of Massage Therapy
Child Abuse Reporting Requirements 49 Pa. Code Chapter 20 (16A-722)	Summer 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.	Jane Forbes (717) 783-7155
Schedule of Civil Penalties—Massage Therapists 49 Pa. Code § 43b.23a (16A-723)	Spring 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.	Jane Forbes (717) 783-7155
Fees 49 Pa. Code § 20.3 (16A-724)	Spring 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.	Jane Forbes (717) 783-7155
State Board of Medicine
Use of Medical Lasers 49 Pa. Code Chapter 18, Subchapter G (16A-4939)	Summer 2016, 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) 783-1400
Child Abuse Reporting Requirements 49 Pa. Code §§ 16.101—16.107 (16A-4941)	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 Medicine obtain required training in child abuse recognition and reporting.	Suzanne Zerbe (717) 783-1400
Schedule of Civil Penalties 49 Pa. Code Chapter 43b, § 43b.20 (16A-4942)	Summer 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) 783-1400
Prosthetists, Orthotists, Pedorthists and Orthotic Fitters 49 Pa. Code Chapters 16 and 18 (16A-4943)	Spring 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) 783-1400
Acupuncture 49 Pa. Code §§ 18.13—18.15 (16A-4944)	Summer 2016, 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) 783-1400
Physician Assistant Supervisory Agreement (16A-4946)	Summer 2016, 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) 783-1400
Navigation Commission for the Delaware River and its Navigable Tributaries
No regulations pending at this time. Barbara Dupler (717) 787-6458
State Board of Nursing
General Revisions 49 Pa. Code Chapter 21 (16A-5125)	Spring 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) 783-7142
Nursing Education Programs 49 Pa. Code Chapter 21 (16A-5129)	Summer 2016, 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) 783-7142
Child Abuse Reporting Requirements 49 Pa. Code §§ 21.501—21.507 (16A-5140)	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 Nursing obtain required training in child abuse recognition and reporting.	Cindy Miller (717) 783-7142
State Board of Examiners of Nursing Home Administrators
Schedule of Civil Penalties 49 Pa. Code Chapter 43b, § 43b.17 (16A-6213)	Spring 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) 783-7155
Notice Requirements 49 Pa. Code §§ 39.92 and 39.93 (16A-6217)	Spring 2016, as Final	This rulemaking clarifies notice requirements relating to convictions of crimes and return of suspended or revoked licenses.	Chris Stuckey (717) 783-7155
Child Abuse Reporting Requirements 49 Pa. Code Chapter 39 (16A-6218)	Summer 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) 783-7155
State Board of Occupational Therapy Education and Licensure
Child Abuse Reporting Requirements 49 Pa. Code Chapter 42 (16A-679)	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 Occupational Therapy Education and Licensure obtain required training in child abuse recognition and reporting.	Jane Forbes (717) 783-1389
Code of Ethics 49 Pa. Code § 42.24 (16A-6710)	Spring 2016, as Proposed	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.	Jane Forbes (717) 783-1389
General Revisions 49 Pa. Code Chapter 42 (16A-6711)	Spring 2016, as Proposed	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.	Jane Forbes (717) 783-1389
State Board of Optometry
General Revisions 49 Pa. Code Chapter 23 (16A-5213)	Spring 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) 783-7155
Child Abuse Reporting Requirements 49 Pa. Code §§ 23.111—23.116 (16A-5215)	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 Optometry obtain required training in child abuse recognition and reporting.	Chris Stuckey (717) 783-7155
State Board of Osteopathic Medicine
Child Abuse Reporting Requirements 49 Pa. Code §§ 25.401—25.416 (16A-5326)	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 Osteopathic Medicine obtain required training in child abuse recognition and reporting.	Aaron Hollinger (717) 783-4858
Genetic Counselors 49 Pa. Code Chapter 25 (16A-5328)	Spring 2016, as Final	This final-form rulemaking would implement the act of December 22, 2011 (P. L. 581, No. 126) relating to the licensure of genetic counselors.	Aaron Hollinger (717) 783-4858
Prescribing 49 Pa. Code § 25.218 (16A-5330)	Spring 2016, 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) 783-4858
Acupuncture 49 Pa. Code §§ 25.231 and 25.301—25.314 (16A-5331)	Summer 2016, 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) 783-4858
Physician Assistant Supervisory Agreements 49 Pa. Code Chapter 25, Subchapter C (16A-5332)	Summer 2016, 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) 783-4858
State Board of Pharmacy
Compounding Practices 49 Pa. Code Chapter 27 (16A-5419)	Spring 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) 783-7156
Child Abuse Reporting Requirements 49 Pa. Code Chapter 27 (16A-5430)	Summer 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) 783-7156
Administration of Injectable Medications, Biologicals and Immunizations 49 Pa. Code §§ 27.401—27.407 (16A-5431)	Summer 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) 783-7156
State Board of Physical Therapy
Continuing Education Enforcement 49 Pa. Code §§ 40.67(f) and 40.192(f) (16A-6515)	Spring 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) 783-7134
Schedule of Civil Penalties 49 Pa. Code Chapter 43b (16A-6516)	Spring 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) 783-7134
Post-Act 38 Corrections 49 Pa. Code Ch. 40 (16A-6517)	Spring 2016, as Proposed	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) 783-7134

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