[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
Child Abuse Reporting Requirements
49 Pa. Code §§ 40.201—40.207
(16A-6518)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 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)Summer 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 It also removes outdated regulations and makes the regulations gender-neutral.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)Spring 2016, 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)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 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)Summer 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)Spring 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)Summer 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)Spring 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)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 Psychology obtain required training in child abuse recognition and reporting. Chris Stuckey
(717) 783-7155Volunteer Licenses
49 Pa. Code Chapter 41
(16A-6325)Summer 2016, 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)Summer 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)Summer 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) 783-4866Biennial Renewal Fee for Licensed Appraiser Trainee
49 Pa. Code § 36.6
(16A-7020)Spring 2016, as Final The Board published a final-form rulemaking in 2010 establishing a regulatory scheme for the appraiser trainee license. At that time, the Board established an initial application fee of $75 for the appraiser trainee license. However, although an appraiser trainee license may be renewed biennially up to four times, the Board did not establish a biennial renewal fee. By this final-form rulemaking, the Board corrects that oversight by establishing a biennial renewal fee for licensed appraiser trainees at $150. Heidy Weirich
(717) 783-4866General Rulemaking for Appraisal Management Companies
49 Pa. Code Chapter 36
(16A-7021)Fall 2016, 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)Spring 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)Spring 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)Summer 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)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 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)Spring 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)Spring 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)Summer 2016, 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)Spring 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)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 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)Spring 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)2016, as Proposed 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.
The Office of General Counsel and the Office of Attorney General approved this proposed regulation for form and legality. On January 6, 2016, SERS delivered this proposed regulation to the Majority and Minority chairs of the assigned House and Senate standing committees, the Legislative Reference Bureau and IRRC. The public comment period ends on February 23, 2016.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)2016, as Proposed This rulemaking would clarify the effects of the reinstatement or purchase of previous State service. An appellate and a Board decision has 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.
The Office of General Counsel and the Office of Attorney General approved this proposed regulation for form and legality. On January 6, 2016, SERS delivered this proposed regulation to the Majority and Minority chairs of the assigned House and Senate standing committees, the Legislative Reference Bureau and IRRC. The public comment period ends on February 23, 2016.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 43Summer 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 M. Spotts
Regulatory Counsel
(717) 787-5299School Bus Drivers—Physical and Mental Criteria
67 Pa. Code Chapter 71
(#18-464)Summer 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 M. Spotts
Regulatory Counsel
(717) 787-5299School Bus Drivers—Vision Standards and Loss of Consciousness Requirements
67 Pa. Code Chapter 71
(#18-435)Summer 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 M. Spotts
Regulatory Counsel
(717) 787-5299Photographic Driver's License
67 Pa. Code Chapter 73Summer 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 M. Spotts
Regulatory Counsel
(717) 787-5299Physical and Mental Criteria Relating to the Licensing of Drivers
67 Pa. Code Chapter 83
(#18-465)Summer 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 M. Spotts
Regulatory Counsel
(717) 787-5299Vision Standards and Loss of Consciousness Requirements Relating to the Licensing of Drivers
67 Pa. Code Chapter 83
(#18-436)Summer 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 M. Spotts
Regulatory Counsel
(717) 787-5299Actual Name on Certificate of Title, Driver's License, and Identification Card
67 Pa. Code Chapter 85Spring 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 M. Spotts
Regulatory Counsel
(717) 787-5299Identification Cards
67 Pa. Code Chapter 91Summer 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 M. Spotts
Regulatory Counsel
(717) 787-5299Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic
67 Pa. Code Chapter 101
(#18-461)Spring 2016, as Final This rulemaking amends existing regulations to be consistent with a Federal Highway Administration rulemaking (23 CFR Part 634). Glenn Rowe
(717) 783-6479
Jeffrey M. Spotts
Regulatory Counsel
(717) 787-5299Mechanical Electrical and Electronic Speed Timing Devices
67 Pa. Code Chapter 105
(#18-460)Summer 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 M. Spotts
Regulatory Counsel
(717) 787-5299Vehicle Equipment and Inspection
67 Pa. Code Chapter 175
(#18-466)Spring 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 M. Spotts
Regulatory Counsel
(717) 787-5299Oversize and Overweight Loads and Vehicles
67 Pa. Code Chapter 179
Summer 2016, as Proposed This rulemaking will streamline the oversize and overweight permitting process, reduce administrative costs and modernize the electronic application and permitting process. Matt Hedge
(717) 772-5462
Jeffrey M. Spotts
Regulatory Counsel
(717) 787-5299Hauling in Excess of Posted Weight Limit
67 Pa. Code Chapter 189
(#18-467)Spring 2016, as Proposed This rulemaking will update the regulations to be consistent with amendments to the Vehicle Code under Act 89 of 2013. Steve Koser
(717) 787-7908
Jeffrey M. Spotts
Regulatory Counsel
(717) 787-5299Official Traffic Control Devices
67 Pa. Code Chapter 212
(#18-470)Summer 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
(717) 783-6479
Jeffrey M. Spotts
Regulatory Counsel
(717) 787-5299Intrastate Motor Carrier Safety
67 Pa. Code Chapter 231
(#18-462)Summer 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 M. Spotts
Regulatory Counsel
(717) 787-5299Hazardous Material Transportation
67 Pa. Code Chapter 403
(#18-469)Spring 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
(717) 783-6479
Jeffrey M. Spotts
Regulatory Counsel
(717) 787-5299
[Pa.B. Doc. No. 16-362. Filed for public inspection February 26, 2016, 9:00 a.m.]
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