[47 Pa.B. 740]
[Saturday, February 4, 2017]
[Continued from previous Web Page]
Regulation Being Considered
Proposed Date
Need and Legal Basis for
Agency Contact of Promulgation Action Department of Health (DOH) Communicable and Non-Communicable Diseases
28 Pa. Code Chapter 27July 2017, as Proposed These existing regulations are being revised to improve the Department's ability to prevent and control the spread of communicable and non-communicable diseases. The Department's authority to promulgate these regulations is found in the Disease Prevention Control Law of 1955, 35 P.S. §§ 21.1 et seq. (the Act). Section 16(a) of the Act (35 P.S. § 521.16(a)) gives the Board authority to issue rules and regulations on a variety of matters related to communicable and non-communicable diseases. Section 16(b) of the Act (35 P.S. § 521.16 (b)) gives the Secretary of Health the authority to review existing regulations and make recommendations to the Board for changes that the Secretary considers to be desirable. There is also a legislative authority for specific provisions of the regulations. Administrative Code of 1929 (71 P.S. §§ 51 et seq.) (Code) Section 20102(g) of the Code (71 P.S. § 532(g)) provides general authority for the Department to promulgate regulations. Samantha Jallah
(717) 783-2500
Atmaram Nambiar
(717) 787-3350Photo Identification Tag Regulations
28 Pa. Code Chapters 54 and 55July 2017, as Proposed The Health Care Facilities Act (35 P.S. §§ 448.101 et seq.) was amended by the passage of Act 2010-110 on November 23, 2010. This new section of the Act (35 P.S. § 448.809.2) requires persons working in health care facilities and physician practices to wear photo identification badges that also contain other information including the person's name, title and name of the health care facility. Karin Simpson
(717) 783-2500
Susan Coble
(717) 783-8665Home Health Care Agencies
28 Pa. Code Chapter 601August 2017, as Proposed Federal rules addressing covered Medicare and Medicaid services have been amended to allow other health care professionals (in addition to physicians) to order home health services. The Department anticipates amending the home health licensure regulations to permit other health care professionals to order home health services and approve the plan of care. Karin Simpson
(717) 783-2500
Susan Coble
(717) 783-8665Hospice Regulations August 2017, as Proposed Currently, there are no hospice-specific licensure regulations in the Commonwealth. The Health Care Facilities Act (HCFA) permits the Department, pending promulgation of regulations, to use the standards set forth in Federal regulations (42 CFR Part 418) for hospices certified as providers of the Medicare program under Title XVIII of the Social Security Act as licensure standards. The Department anticipates promulgating licensure regulations for hospice facilities in Pennsylvania that mirror the Federal conditions of participation and address additional quality assurance requirements and fees for licensure, as permitted by the HCFA. Karin Simpson
(717) 783-2500
Susan Coble
(717) 783-8665Indoor Tanning Regulations August 2017, as Proposed The newly enacted Pennsylvania Indoor Tanning Act requires the Department to promulgate regulations to implement the Act. The Department anticipates proposing regulations that will outline the requirements for the operation of tanning facilities and to provide for safety of consumers using tanning equipment. Keith Fickel
(717) 783-2500
Susan Coble
(717) 783-8665Health Facilities and Hospitals
28 Pa. Code Chapters 51 and 101—158September 2017, as Proposed The Secretary of Health created a task force of hospital industry representatives to review the current hospital regulations and provide recommendations to improve the quality of care in hospitals across the State. The hospital regulations will be updated to reflect those recommendations. Tanya Leshko
(717) 783-2500
Ann Chronister
(717) 787-8015Long Term Care Facilities
28 Pa. Code Chapters 201—211November 2017, as Proposed Pennsylvania's long-term care facility licensure regulations were last updated in 1999. Since that time, the clinical complexity of nursing home residents has changed substantially. The Nursing Home Quality Improvement Task Force was commissioned by the Secretary of Health to make recommendations for revisions to the regulations. The long-term care facility regulations will be updated to reflect those recommendations. Karin Simpson
(717) 783-2500
Ann Chronister
(717) 787-8015Medical Marijuana Temporary regulations will be published periodically prior to June 30, 2017 The newly enacted medical marijuana program, Act 16, was signed into law on April 17, 2016 and became effective on May 17, 2016. As of the end of December 2016, the Department has released temporary regulations for safe harbor letters, grower/processors, dispensaries and approved laboratories. During the first six months of 2017, the Department anticipates proposing temporary regulations for practitioners, patients and caregivers, and academic clinical research centers. Wendy Carson
(717) 783-2500
Lawrence Clark
(717) 547-3058Emergency Medical Services
28 Pa. Code Chapters 1001—1033August 2017, as Proposed The amendments to existing regulations will add Community Paramedic as a class of Emergency Medical Services Provider pursuant to the Emergency Medical Services Act 35 Pa.C.S. §§ 8101 et seq. Doug Snyder
(717) 783-2500
Richard Gibbons
(717) 787-8740Department of Human Services (DHS) Administration of County Children and Youth Social Service Programs
55 Pa. Code Chapter 3130December 2017, as Proposed This regulation will incorporate the amendments to the State Juvenile Act and the Federal regulations for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Jen DeBell
(717) 772-4141Planning and Financial Reimbursement Requirements for County Children and Youth Social Service Programs
55 Pa. Code Chapter 3140September 2017, as Proposed This regulation provides the requirements for reimbursement for services to county children and youth agencies. The regulations are in need of revision to ensure consistency with Federal requirements and policy and to ensure the validity of State and Federal claims. Jen DeBell
(717) 772-4141Child Protective Services
55 Pa. Code Chapter 3490February 2018, as Proposed This regulation will incorporate the amendments to the Child Protective Services Law related to child protective services and general protective services, including statutory changes to mandatory reporting, training, clearances and the Statewide database. Jen DeBell
(717) 772-4141Outpatient Psychiatric Services and Psychiatric Outpatient Clinics
55 Pa. Code Chapters 1153 and 5200February 2017, as Proposed These amendments will update the current regulations to align outpatient psychiatric services with current industry standards and parity requirements and will include provisions for mobile mental health treatment. Jen DeBell
(717) 772-4141Psychiatric Rehabilitation Services
55 Pa. Code Chapter 5231April 2017, as Proposed This regulation will be amended to govern psychiatric rehabilitation services for individuals 14 years of age and older with serious mental health conditions to support the transition to adulthood, implement an initiative to improve coordination between the child and adult mental health care systems, and amend outdated language throughout. Jen DeBell
(717) 772-4141Intensive Behavioral Health Services
55 Pa. Code Chapter 5270February 2017, as Proposed This regulation will govern the provision of the array of in-home and community-based behavioral health rehabilitation services for children, including services for children with autism spectrum disorder. Jen DeBell
(717) 772-4141Mental Health Targeted Case Management
55 Pa. Code Chapters 5220 and 5221April 2017, as Proposed This regulation will rescind Chapter 5221 and replace it with a new Chapter 5220 which will govern the provision of mental health case management services, including resource coordination, intensive case management and blended case management. Jen DeBell
(717) 772-4141Subsidized Child Care Eligibility
55 Pa. Code Chapter 3041April 2017, as Proposed This regulation will be updated to add new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant. This regulation will include amendments to requirements regarding redetermination, continuation of subsidy during job loss, reporting and verification, financial eligibility, and prioritized groups. Jen DeBell
(717) 772-4141Child Day Care Centers, Group Child Care Day Care Homes, Family Child Day Care Homes
55 Pa. Code Chapters 3270, 3280 and 3290March 2017, as Proposed This regulation will add new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant. This regulation will include amendments regarding employment, background checks and training requirements. In addition, additional proposed amendments include water safety training and equipment requirements. Jen DeBell
(717) 772-4141Early Intervention Services
55 Pa. Code Chapter 4226April 2017, as Final-Omitted This regulation will amend Section 4226.5 (relating to definitions) to reflect the requirements of Act 2014-143 (Act 143). Act 143 added an additional tracking category for infants and toddlers experiencing homelessness. Jen DeBell
(717) 772-4141Home and Community-Based Supports and Licensing
55 Pa. Code Chapters 51, 2380, 2390, 6100, 6200, 6400 and 6500September 2017, as Final This regulation will rescind Chapter 51 and replace it with a new Chapter 6100, which will govern the program, operational and fiscal components of the Office of Developmental Programs' home and community-based waiver programs, State plan services, block grant and base-funded programs and licensing requirements. Jen DeBell
(717) 772-4141Adult Protective Services
55 Pa. Code Chapter 15April 2017, as Proposed This regulation will govern the investigation of allegations of abuse, neglect, exploitation or abandonment of adults between the ages of 18 and 59 years, and the provision of protective services as indicated by the results of those investigations. The authority for the regulation and resulting services are under Act 70 of 2010, the Adult Protective Services Act. Jen DeBell
(717) 772-4141Medical Assistance Disqualifications and Hearing Requirements
55 Pa. Code Chapters 255 and 275August 2017, as Proposed This regulation will add disqualification penalties for individuals who were prosecuted for Medical Assistance fraud. These amendments will mirror Federal law at 42 U.S.C. § 1320a-7b to provide for a 1-year disqualification based on a court conviction for a crime against the Medical Assistance program. These amendments will update current regulations with client overpayments, referrals, noticing and collections, and ADH processes. Jen DeBell
(717) 772-4141Definitions and Requirements
55 Pa. Code Chapters 123 and 133August 2017, as Proposed This regulation will expand the types of interviews that must be undertaken for Temporary Assistance to Needy Families (TANF) applicants and recipients by eligibility workers. Jen DeBell
(717) 772-4141Medical Assistance Manual
55 Pa. Code Chapter 1121April 2017, as Proposed These regulations implement changes mandated by the Affordable Care Act to address key areas of Medicaid drug reimbursement in the Fee-for-Service delivery system, including changes to the Federal Upper Limit and reimbursement based on actual acquisition cost. Jen DeBell
(717) 772-4141Medical Assistance Manual
55 Pa. Code Chapter 1101April 2017, as Proposed This amendment rescinds the outdated ''shared space'' regulation at § 1101.51(b)(3) and provides a more integrated approach to the provision of health care by retail clinics, some of which are placed within the same building structure as a pharmacy, as well as multi-disciplinary co-location arrangements between separate providers, including arrangements between physical and behavioral health providers. Jen DeBell
(717) 772-4141Medical Assistance Manual
55 Pa. Code Chapters 1101 and 1150July 2017, as Proposed These regulations will align current Medical Assistance (MA) Program regulations related to General Provisions and MA Program Payment Policies, to the HealthChoices Expansion reforms which provide the same level of MA benefits to all MA adult beneficiaries. The amendments will eliminate amount, duration and scope variations between categories of eligibility and update terminology. These amendments also update terminology, incorporate Statements of Policy and rescind outdated policies. Jen DeBell
(717) 772-4141Medical Assistance Manual
55 Pa. Code Chapters 1140, 1142, 1229 and 1241October 2017, as Proposed These regulations align current Medical Assistance (MA) Program regulations for specific services, to the HealthChoices Expansion reforms which provide the same level of MA benefits to all MA adult beneficiaries. The amendments pertain to the Healthy Beginnings Plus Program, Midwives' Services, Health Maintenance Organization Services, and the Early and Periodic Screening, Diagnosis and Treatment Program, and will eliminate amount, duration and scope variations between categories of eligibility and update terminology. These amendments also update terminology, incorporate Statements of Policy and rescind outdated policies. Jen DeBell
(717) 772-4141Medical Assistance Manual
55 Pa. Code Chapters 1101, 1121, 1126, 1141, 1163 and 1221February 2017, as Final-Omitted These regulations align current Medical Assistance Program regulations to the Office of Civil Rights final rule implementing Section 1557 of the Affordable Care Act. Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities. The amendment will rescind the regulations in Chapters 1141 and 1163 prohibiting surgical procedures and medical care provided in connection with sex reassignment. The amendment will also update the nondiscrimination regulation in Chapter 1101. Jen DeBell
(717) 772-4141Outpatient Drug and Alcohol Clinic Services
55 Pa. Code Chapter 1223March 2017, as Proposed The amendments will update the current regulations to align outpatient drug and alcohol clinic services with current industry standards and parity requirements. Jen DeBell
(717) 772-4141Pennsylvania Insurance Department (PID)
Medicare Supplement
(NAIC Model Reg update)Winter 2017-18, as Proposed Amendments to Chapter 89 based upon NAIC Model amendments. Bridget E. Burke
Regulatory Coordinator
(717) 787-2567Health Insurance Reserves
(NAIC Model Reg)Winter 2017-18, as Proposed Amendments to Chapter 84a based upon NAIC Model amendments. Bridget E. Burke
Regulatory Coordinator
(717) 787-2567Department of Labor and Industry (L&I)
Boiler and Unfired Pressure Vessel Regulations
Title 34, Part I, Chapter 3a
Bureau of Occupational and Industrial SafetyWinter 2017, as Proposed Update regulations based on Act 104 of 2013 and adopt certification standards for third party inspection agencies. Jennifer Berrier
(717) 783-6304Flammable and Combustible Liquids
Title 34, Part I, Chapters 14 and 14a
Bureau of Occupational and Industrial SafetySpring 2017, as Proposed Update regulations based on Act 144 of 2012 and adopt requirements for storage and dispensing of compressed natural gas as vehicular fuel. Jennifer Berrier
(717) 783-6304Propane and Liquefied Petroleum Gas Regulations
Title 34, Part I, Chapter 13
Bureau of Occupational and Industrial SafetySpring 2017, as Proposed Update regulations for cylinder exchange cabinet requirements. Jennifer Berrier
(717) 783-6304Unemployment Compensation
Title 34 Chapter 101
Board of ReviewSummer 2017, as Proposed Update regulation to reflect statutory and operational changes. Randall Brandes
(717) 787-5122Apprenticeship and Training Council
Title 34, Part IV, Chapters 83 and 84
Apprenticeship and Training OfficeFall 2017, as Proposed Amend regulations to reflect Federal requirements. Will need legislative change to statute first. Eric Ramsey
(717) 787-6997Language Interpreters and Transliterators
Title 34 Chapter 501 Registration of Sign
Office of Deaf and Hard of HearingWinter 2017, as Proposed Amend regulations to be consistent with amendments in Sign Language Interpreter and Transliterator State Registration Act, 63 P.S. §§ 1725.1—1725.11, that were enacted in November 2010. Sharon Behun
(717) 783-6381Employment of Minors
Title 34, Part 1, Chapter 11
Bureau of Labor Law ComplianceSpring 2017, as Proposed Revise/update current regulations in light of the new Child Labor Act, Act 151 of 2012. Terry Peck
(717) 787-3681Prohibition of Excessive Overtime in Health Care Act Regulations
Title 34, Part XII, Chapter 225
Bureau of Labor Law ComplianceSummer 2017, as Proposed Revise/update current regulations for Act 102 of 2008. Terry Peck
(717) 787-3681Department of Military and Veterans Affairs (DMVA)
Veterans' Homes Regulations
43 Pa. Code Chapter 7Spring 2017, as Proposed The Department wishes to promulgate a comprehensive update to its regulations on State Veterans' Homes. The statutory authority for these regulations is section 902(10) of the Military and Veterans Code (51 Pa.C.S § 903(10)). These regulations are out-of-date. They were last updated in 1986. The purpose of the changes to these regulations is to bring them in line with best practices in the long-term care arena. Michael Barrett
(717) 861-8503Veterans' Affairs Regulations
43 Pa. Code Chapter 5Spring 2017, as Final-Omitted 43 Pa. Code Ch. 5 contains regulations on a number of Commonwealth veterans' benefit programs. These include the Disabled Veteran Real Estate Tax Exemption, the Blind Veterans' Pension, the Paralyzed Veterans; Pension, Veterans' Emergency Assistance and the Educational Gratuity Program. All of these regulations need to be updated to take into account changes in the law as well as changes in organizational structures. Michael Barrett
(717) 861-8503Municipal Police Officers' Education and Training Commission (MPOETC) Administration of the Municipal Police Officers' Education and Training Program
37 Pa. Code Chapter 203Spring 2017, as Proposed Title 53 Pa.C.S. § 2164(14) conveys powers and duties to the Municipal Police Officers' Education and Training Commission to make such rules and regulations and to perform such other duties as may be reasonably necessary or appropriate to implement the education and training program for police officers. Omnibus revisions to Chapter 203, which pertains to the certification and training of the Commonwealth's municipal police officers, are necessary to modernize these regulations, as they have not undergone a major revision since 1996. The amendments that will be proposed are the product of an extensive review project that included key stakeholders of the regulated community. Sergeant Robert L. Bailey
(717) 783-5566Pennsylvania Board of Probation and Parole (PBPP) No regulations being developed or considered at this time. Pennsylvania Commission on Crime and Delinquency (PCCD) Sheriffs' and Deputy Sheriffs' Education and Training Program
37 Pa. Code Chapter 421Spring 2017, as Proposed The Deputy Sheriffs' Education and Training Board (Board), an advisory board within the Commission on Crime and Delinquency, plans to amend the regulations at 37 Pa. Code Chapter 421 (relating to Deputy Sheriffs' Education and Training Board) due to statutory changes in Act 114 of 2014 (Act of Jul. 9, 2014, P.L. 1006, No. 114). Derin Myers
(717) 265-8466
Debra Sandifer
(717) 265-8517Preliminary Provisions and Administrative Proceedings of the Commission on Crime and Delinquency
37 Pa. Code Chapters 401 and 407Summer 2017, as Proposed The Commission on Crime and Delinquency plans to amend the regulations at 37 Pa. Code Chapter 401 (relating to Preliminary Proceedings) and 407 (relating to Administrative Proceedings) pursuant to Section 3(12) of the Act of Nov. 22, 1978 (P.L. 1166, No. 274). Derin Myers
(717) 265-8466
Debra Sandifer
(717) 265-8517Pennsylvania Emergency Management Agency (PEMA)
Act 187 of 2014 Spring 2017, as Proposed Act 187 of 2014 established the Public Disaster Assistance Grant Program within the Pennsylvania Emergency Management Agency provide grants to political subdivisions and municipal authorities for assistance with repair of disaster-related damage in a disaster emergency area when the damages to public facilities are beyond the financial capabilities of the political subdivision or authority.
The Pennsylvania Emergency Management Agency is directed to Promulgate any regulations necessary to implement and administer the program which include: (i) Development of additional procedures or requirements for the submission of grant applications; (ii) Development of procedures to verify adjusted loss; (iii) Development of criteria for the determination of the amount of assistance to be given to a political subdivision or municipal authority; and (iv) Development of a methodology to prioritize projects based on the potential impact to the health and safety of the citizens of the affected community.Stephen Bekanich
(717) 651-2146
Westburn Majors
(717) 651-2728Pennsylvania Higher Education Assistance Agency (PHEAA)
No regulations being developed or considered at this time. Pennsylvania Housing Finance Agency (PHFA)
No regulations being developed or considered at this time. Pennsylvania Infrastructure Investment Authority (PENNVEST) Pennsylvania Infrastructure Investment Authority Assistance
25 Pa. Code §§ 963.1—963.20, including inter alia:
963.12(a)(7)
963.13(c)
963.15(a)
963(15)(c)
963(16)
963.18(c)Summer 2017, as Proposed Revisions under consideration include, inter alia:
Amendments to 25 Pa. Code §§ 963.1—963.20 to be consistent with statutory revisions imposed by P.L. 51, No. 16, enacted June 19, 2013 and guidance revisions implemented by the Department of Environmental Protection and to incorporate any provisions necessary to accommodate for the deletion of 25 Pa. Code § 965 in its entirety, including,Shawn W. Weis
(717) 783-6776but not limited to the following:
(1) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor.
(2) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month.
(3) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization.
(4) Amend 25 Pa. Code § 963.15 (c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date.
(5) Amend 25 Pa. Code § 963.15(c)(6) by revising the sentence to define ''bond interest rate'' to mean the rate of interest paid by the Commonwealth in its issuance of general obligation bonds immediately preceding the date of the approval of the loan.
(6) Amend 25 Pa. Code § 963.16 to provide the parameters of a loan or bond guarantee program to be provided by PENNVEST.
Delete 25 Pa. Code § 963.18(c)(2)(iii) to eliminate the requirement for prior written approval of change orders that exceed $25,000 or 2 percent of the amount of the project's construction cost, or an aggregate of all change orders that exceed 10 percent of the project's construction cost.Pennsylvania Municipal Retirement System (PMRS) No regulations being developed or considered at this time. Pennsylvania State Police (PSP)
Training and Minimum Standards Under the Wiretapping and Electronic Surveillance Control Act
37 Pa. Code Chapter 51February 2017, as Proposed Title 18 Pa.C.S. § 5724 requires the Commissioner of the Pennsylvania State Police (PSP) and the Attorney General to establish a training course for certification related to conducting wiretapping and electronic surveillance. Revisions to Chapter 51 as it relates to officer certification/re-certification and authorization to engage in the conduct of communications interception will be proposed to adjust the training to current technology and operational needs. Sergeant Robert L. Bailey
(717) 783-5566Procedures and Specifications for Firearm Record Forms Under the Uniform Firearms Act
37 Pa. Code Chapter 33February 2017, as Proposed A revision to 37 Pa. Code Chapter 33, § 33013(e) is being proposed to enhance public safety and close a current loophole. This specific subsection addresses mental health records information received or maintained by the PSP. Currently, this information can only be used to verify if a person has a firearms prohibition for the purposes of purchasing or transferring a firearm, as well as for issuing a License to Carry a Firearm. Sergeant Robert L. Bailey
(717) 783-5566Administration of Megan's Law—Neighbor Notification
37 Pa. Code Chapter 55Spring 2017, as Final-Omitted Title 42 Pa.C.S. § 9799.1, in part, required PSP to write regulations regarding neighbor notification of the current residence of sexually violent predators. This section expired December 20, 2012, and on that date the requirements of Title 42 Pa.C.S. § 9799.32 became effective. These new requirements, in part, place a duty on PSP to write guidelines regarding neighbor notification under § 9799.27(b)(1). Since there is no longer statutory authority for Chapter 55, it will be removed and reserved in its entirety. The contents will be updated and published as guidelines in a Statement of Policy. Sergeant Robert L. Bailey
(717) 783-5566Pennsylvania State System of Higher Education (PASSHE)
No regulations being developed or considered at this time. Public School Employees' Retirement System (PSERS) No regulations being developed or considered at this time. Department of Revenue (DOR)
Amendments to Local Option Small Games of Chance (SGOC)
61 Pa. Code Chapter 901aMay 2017, as Proposed The Department is proposing to replace Chapter 901 with a new Chapter 901a as a result of the amendments to the SGOC law. The proposed rulemaking will reorganize and clarify the SGOC regulations as well as incorporate necessary changes to implement Acts 2 and 184 of 2012 and Acts 90 and 92 of 2013. John Brenner
(717) 705-3906General Provisions Application of Payments
61 Pa. Code Chapter 5aJune 2017, as Proposed The Department is promulgating this regulation to clarify the provisions of the Taxpayers' Bill of Rights and provide a procedure for the application of a payment received from a taxpayer to tax liability owed the Department. Douglas Berguson
(717) 346-4633Amendments to Realty Transfer Tax (RTT) Regulations
61 Pa. Code Chapter 91May 2017, as Proposed Amendments to the RTT regulations are being proposed to improve the clarity and effectiveness of the regulations. Additionally, the proposed amendments will be consistent with Department policy and the language in the RTT statute. John Brenner
(717) 705-3906Department of State (DOS) State Board of Accountancy General Revisions (Act 73 and Act 15 Amendment)
49 Pa. Code Chapter 11
(# 16A-5513)Spring 2017, as Final This final rulemaking implements the amendments to the CPA Law made by the act of July 9, 2008 (P.L. 954, No. 73) (Act 73), and the act of June 19, 2013 (P.L. 46, No. 15) (Act 15). Act 73 provided for practice in this Commonwealth under substantial equivalence by persons licensed in other states and provided new education and experience standards for licensure. Act 15 eliminated the requirement that applicants for licensure demonstrate 400 hours of experience in attest activity as a condition of licensure. Sara Fox
(717) 783-1404Schedule of Civil Penalties
49 Pa. Code Chapter 43b
(# 16A-5514)Spring 2017, as Final This final rulemaking amends the schedule of civil penalties for certain violations of the CPA Law (63 P.S. §§ 9.1—9.16b) and the regulations of the State Board of Accountancy (Board) to comport with amendments made by the Board to its substantive regulations relating to continuing education violations. Sara Fox
(717) 783-1404State Athletic Commission Prohibited Drug Testing
58 Pa. Code, Part I, Subpart A, Chapter 15
(# 16-58)Spring 2017, 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)Summer 2017, 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)Spring 2018, as Proposed The proposed rulemaking would make updates to the current schedule of civil penalties for violations of the Auctioneer Licensing and Trading Assistant Registration Act and regulations of the State Board of Auctioneer Examiners. Terrie Kocher
(717) 783-3397State Board of Barber Examiners Schedule of Civil Penalties
49 Pa. Code § 43b.4
(# 16A-4210)Spring 2017, 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)Fall 2017, 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 Chapter 5
(# 16A-4312)Spring 2017, 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) 783-7155Volunteer License
49 Pa. Code § 5.20
(# 16A-4321)Winter 2017-18, as Final-Omitted This regulation is required to amend the current regulations to conform to amendments made to the Volunteer Health Services Act. Michelle Roberts
(717) 783-7155Child Abuse Reporting Requirements
49 Pa. Code §§ 5.91—5.96
(# 16A-4322)Summer 2017, 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) 783-7155Radiological Procedures Examination
49 Pa. Code §§ 5.6 and 5.63
(# 16A-4324)Spring 2017, 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) 783-7155Government Employee Liability Coverage
49 Pa. Code §§ 5.17(f) and 5.41
(# 16A-4325)Summer 2017, as Proposed The Chiropractic Practice Act requires chiropractors to maintain professional liability insurance, including self-insurance. This regulation would permit a licensee who practices exclusively on behalf of the government to meet this requirement by reliance upon the coverage provided under the Federal Tort Claims Act or the Sovereign Immunity Act as administered by the Commonwealth's Employee Liability Self-insurance Program. Michelle Roberts
(717) 783-7155Sexual Misconduct
49 Pa. Code § 5.81
(# 16A-4328)Fall 2017, as Proposed The proposed rulemaking would amend the Board's regulations to provide clearer and broader standards in prohibiting sexual misconduct with a patient. 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)Spring 2017, 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
(# 16-59)Summer 2017, 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 2017, 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)Summer 2017, 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)Fall 2017, 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 General Revisions
49 Pa. Code Chapter 7
(# 16A-4516)Winter 2017-18, as Proposed This proposed rulemaking would update the Board's regulations to conform to modern standards within the profession. Kelly Diller
(717) 783-7130Schedule of Civil Penalties
49 Pa. Code § 43b.5
(# 16A-4517)Fall 2017, 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)Fall 2017, 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)Fall 2017, 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 comports the regulations to 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 2017, 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)Fall 2017, 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) 783-7162Volunteer License
49 Pa. Code § 33.110
(# 16A-4625)Winter 2017-18, as Final-Omitted The regulation is needed to amend the current regulations to amendments to the Volunteer Health Services Act. Lisa Burns
(717) 783-7162Child Abuse Reporting Requirements
49 Pa. Code § 33.250
(# 16A-4626)Summer 2017, 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 2017, 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) 783-7162Mobile Dental Vans
49 Pa. Code Chapter 33
(# 16A-4629)Winter 2017-18, as Proposed The proposed regulation will set forth standards for the operation of mobile dental vans in the Commonwealth. Lisa Burns
(717) 783-7162Schedule of Civil Penalties
49 Pa. Code § 43b.14a
(# 16A-4630)Spring 2017, 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 2017, 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 2017, 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) 783-7162Required Education in Pain Management, Addiction, and Prescribing and Dispensing Practice for Opioids
49 Pa. Code Chapter 33
(number not yet assigned)Fall 2017, as Proposed The act of November 2, 2016 (P.L. 980, No. 124) (Act 124) amended the ABC/MAP Program Act to require the Board to require all newly licensed prescribers and all those applying for licensure renewal to complete mandatory training in pain management, identification of addiction, and the practices of prescribing or dispensing opioids. The proposed rulemaking effectuates Act 124. Lisa Burns
(717) 783-7162Safe Opioid Prescription Curriculum
49 Pa. Code Chapter 33
(number not yet assigned)Fall 2017, as Proposed The act of November 2, 2016 (P.L 987, No. 126) (Act 126) sets forth the requirement that the Board promulgate a joint regulation, along with the State Board of Medicine, the State Board of Nursing, the State Board of Optometry, the State Board of Osteopathic Medicine, and the State Board of Podiatry, implementing a ''safe prescription of a controlled substance containing an opioid'' curriculum to be made available to training facilities and other education providers. This proposed rulemaking would effectuate Act 126. Lisa Burns
(717) 783-7162
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