[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
State Registration Board for Professional Engineers, Land Surveyors and Geologists Electronic Seals and Signatures
49 Pa. Code Chapter 37
(# 16A-4712)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. Robin Shearer
(717) 783-7049Renewal Fees
49 Pa. Code § 37.17
(# 16A-4713)Spring 2017, 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 Child Abuse Reporting Requirements
49 Pa. Code §§ 13.301—13.307
(# 16A-4824)Fall 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 Funeral Directors obtain required training in child abuse recognition and reporting. Heidy Weirich
(717) 783-3397Limited Liability Company
49 Pa. Code Chapter 13
(# 16A-4826)Summer 2017, as Proposed The proposed regulation would permit a limited liability company that has two or more funeral directors as its members to be licensed as a partnership, and with only one funeral director as its sole member to be licensed as a sole proprietorship. Heidy Weirich
(717) 783-3397Names
49 Pa. Code Chapter 13
(# 16A-4827)Spring 2017, 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) 783-3397Supervisor
49 Pa. Code Chapter 13
(# 16A-4828)Fall 2017, as Proposed This proposed rulemaking would clarify each funeral establishment's need to have a supervisor and provide the requirements for registration and the responsibilities of the supervisor. Heidy Weirich
(717) 783-3397Schedule of Civil Penalties—
Funeral Directors
49 Pa. Code § 43b.6
(# 16A-4829)Fall 2017, as Proposed This proposed regulation would amend § 43b.6 to revise the Board's current civil penalty schedule for practicing on a lapsed license. Heidy Weirich
(717) 783-3397Funeral Establishment Reactivation
49 Pa. Code §§ 13.231, 13.233
(# 16A-4830)Fall 2017, as Proposed This proposal would update the Board's regulations to clarify standards for renewal and reactivation of funeral establishment licenses. Heidy Weirich
(717) 783-3397Duty to Cooperate
49 Pa. Code § 13.202
(# 16A-4831)Winter 2017-18, as Proposed This proposed regulation would amend the Board's regulations defining unprofessional conduct to require licensees to cooperate with the Board's agents in inspecting funeral establishments. Heidy Weirich
(717) 783-3397State Board of Landscape Architects General Revisions
49 Pa. Code Chapter 15
(# 16A-6111)Fall 2017, 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)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. Terrie Kocher
(717) 772-8528Schedule of Civil Penalties—
Landscape Architects
49 Pa. Code Chapter 43b
(# 16A-6120)Fall 2017, as Proposed This proposed rulemaking would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Terrie Kocher
(717) 772-8528State Board of Massage Therapy Child Abuse Reporting Requirements
49 Pa. Code Chapter 20
(# 16A-722)Fall 2017, as Proposed This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensed massage therapists. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the State Board of Massage Therapists obtain required training in child abuse recognition and reporting. Carol Niner
(717) 783-7155Fees
49 Pa. Code § 20.3
(# 16A-724)Fall 2017, as Proposed Under section 11 of the Massage Therapy Act (63 P.S. § 627.11) the State Board of Massage Therapy is required to support its operations by the revenue it generates from fees, fines and civil penalties. In addition, it provides that the Board shall increase fees if revenue is not sufficient to meet projected expenditures. Under the current fee structure, the Board cannot produce enough revenue to meet projected expenditures. This proposal would increase biennial renewal fees for massage therapists, application fees, and fees for temporary practice permits. Carol Niner
(717) 783-7155General Revisions
49 Pa. Code Chapter 20
(# 16A-725)Fall 2017, as Proposed This rulemaking would update the Board's existing regulations with regard to education, scope of practice and other provisions. Carol Niner
(717) 783-7155Massage Therapists in Cosmetology or Esthetician Salons
49 Pa. Code Chapter 7
(# 16A-726)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. Carol Niner
(717) 783-7155State Board of Medicine Volunteer License
49 Pa. Code Chapter 16
(# 16A-4934)Winter 2017-18, as Final-Omitted This regulation is needed to amend the current regulations to conform to amendments to the Volunteer Health Services Act. Suzanne Zerbe
(717) 783-1400Use of Medical Lasers
49 Pa. Code Chapter 18, Subchapter G
(# 16A-4939)Fall 2017, as Proposed This proposed rulemaking is intended to clarify the requirements for the use and delegation of the use of medical lasers. Based on the information available, the Board concluded that the use of prescription or medical lasers and other high energy source medical devices for the treatment of skin conditions by unlicensed individuals without adequate medical supervision presents an unreasonable risk of serious harm and potential permanent scarring or disfigurement. The Board proposes this rulemaking, which will bring the Board's regulations in line with the majority of other states that have already promulgated regulations related to these devices. Suzanne Zerbe
(717) 783-1400Child Abuse Reporting Requirements
49 Pa. Code §§ 16.101—16.107
(# 16A-4941)Fall 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 Medicine obtain required training in child abuse recognition and reporting. Suzanne Zerbe
(717) 783-1400Schedule of Civil Penalties
49 Pa. Code § 43b.20
(# 16A-4942)Fall 2017, 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) 783-1400Acupuncture
49 Pa. Code §§ 18.13—18.15
(# 16A-4944)Fall 2017, 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) 783-1400Active-Retired Status, Administrative Status and Related Renewal Requirements
49 Pa. Code §§ 16.1, 16.15, 16.19
(# 16A-4945)Winter 2017-18, as Proposed The proposed rulemaking will set forth standards for active-retired licenses to conform to the Medical Care Availability and Reduction of Error (MCARE) Act and create an additional ''administrative'' status for physicians whose primary responsibility is administrative in nature. The regulation will also set out duties related to biennial renewal and completion of continuing education. Physician Assistant Supervisory Agreement
49 Pa. Code Chapter 18
(# 16A-4946)Summer 2017, 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) 783-1400Continued Competency/Re-Entry
49 Pa. Code § 16.15
(# 16A-4947)Winter 2017-18, as Proposed The proposed rulemaking would provide that practitioners who have been out of practice and have not engaged in the active clinical practice of medicine in any jurisdiction for more than 4 years undergo a re-entry program to determine fitness and competency to resume practice. Suzanne Zerbe
(717) 783-1400Medical Licensure Examination
49 Pa. Code Chapters 16 and 17
(# 16A-4948)Fall 2017, as Proposed The proposed rulemaking will conform the Board's regulation to reflect changes made by the National Board of Medical Examiners to the United States Medical Licensing Examination (USMLE) regarding limitations on the number and timing of attempts an applicant may take the various USMLE parts. The proposal will also remove outdated information about examinations which have not been offered for decades. Suzanne Zerbe
(717) 783-1400Naturopathy
49 Pa. Code Chapter 18
(number not yet assigned)Spring 2018, as Proposed The rulemaking would implement the Naturopathic Doctor Registration Act (Act 128 of 2016) providing for the registration and regulation of doctors of naturopathic medicine. Suzanne Zerbe
(717) 783-1400Required Education in Pain Management, Addiction, and Prescribing and Dispensing Practice for Opioids
49 Pa. Code Chapters 16, 17 and 18
(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. Suzanne Zerbe
(717) 783-1400Safe Opioid Prescription Curriculum
49 Pa. Code Chapters 16, 17 and 18
(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 Dentistry, 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. Suzanne Zerbe
(717) 783-1400State Board of Nursing Nursing Education Programs
49 Pa. Code Chapter 21
(# 16A-5129)Fall 2017, 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) 783-7142Volunteer License
49 Pa. Code Chapter 21, Subchapter F
(# 16A-5139)Winter 2017-18, as Final-Omitted The regulation is needed to amend the Board's current regulations to conform to amendments to the Volunteer Health Services Act. Cindy Miller
(717) 783-7142Child Abuse Reporting Requirements
49 Pa. Code §§ 21.501—21.507
(# 16A-5140)Fall 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 Nursing obtain required training in child abuse recognition and reporting. Cindy Miller
(717) 783-7142Fees
49 Pa. Code Chapter 21
(# 16A-5130)Summer 2017, as Proposed This proposed regulation revises initial and biennial renewal fees for licensees and revised and sets additional fees in connection with the approval or nursing education programs. Cindy Miller
(717) 783-7142Required Education in Pain Management, Addiction, and Prescribing and Dispensing Practice for Opioids
49 Pa. Code Chapter 21
(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 (i.e., certified registered nurses with prescriptive authority) and 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. Cindy Miller
(717) 783-7142Safe Opioid Prescription Curriculum
49 Pa. Code Chapter 21
(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 Dentistry, the State Board of Medicine, 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. Cindy Miller
(717) 783-7142State Board of Examiners of Nursing Home Administrators Schedule of Civil Penalties
49 Pa. Code Chapter 43b, § 43b.17
(# 16A-6213)Summer 2017, 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) 783-7155Continuing Education
49 Pa. Code Chapter 39
(# 16A-6215)Fall 2017, as Proposed This proposed rulemaking would update the Board's regulations relating to continuing education and add a new section on continued competency to establish requirements for licensees who have been expired or inactive for more than five years prior to reactivation. Chris Stuckey
(717) 783-7155Child Abuse Reporting Requirements
49 Pa. Code Chapter 39
(# 16A-6218)Fall 2017, as Proposed This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensed nursing home administrators. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the State Board of Examiners of Nursing Home Administrators obtain required training in child abuse recognition and reporting. Chris Stuckey
(717) 783-7155State Board of Occupational Therapy Education and Licensure Child Abuse Reporting Requirements
49 Pa. Code Chapter 42
(# 16A-679)Fall 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 Occupational Therapy Education and Licensure obtain required training in child abuse recognition and reporting. Carol Niner
(717) 783-1389Code of Ethics
49 Pa. Code § 42.24
(# 16A-6710)Spring 2017, as Final Beginning in 2011, the Board undertook a review of the language existing in § 42.24 and has compared it to various editions of the AOTA Occupational Therapy Code of Ethics. As a result of its review, the Board determined that it should update § 42.24 by adopting the 2015 AOTA Code of Ethics, which the Board finds to be the minimum standard of ethical conduct for occupational therapists and occupational therapy assistants in this Commonwealth. The AOTA Code of Ethics not only reflects the Board's own view of ethical practice, but will also keep the Commonwealth's ethical standards consistent with the National standards. Carol Niner
(717) 783-1389General Revisions
49 Pa. Code Chapter 42
(# 16A-6711)Spring 2017, as Final The act of July 5, 2012 (P.L. 1132, No. 138) (Act 138) amended the Occupational Therapy Practice Act to, among other things, require the maintenance of professional liability insurance by occupational therapists, provide for the imposition of civil penalties in accordance with the act of July 2, 1993 (P.L. 345, No. 48), permit the Board to participate in the Bureau's ''impaired professionals program,'' and authorize the Board to establish additional requirements for licensure renewal designed to assure continued competency for occupational therapy assistants. This rulemaking implements the professional liability insurance and continued competency provisions of Act 138. Carol Niner
(717) 783-1389State Board of Optometry General Revisions
49 Pa. Code Chapter 23
(# 16A-5213)Spring 2017, 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) 783-7155Volunteer License
49 Pa. Code § 23.26
(# 16A-5214)Winter 2017-18, as Final Omitted This rulemaking is needed to amend the Board's current regulations to conform to amendments to the Volunteer Health Services Act. Chris Stuckey
(717) 783-7155Child Abuse Reporting Requirements
49 Pa. Code §§ 23.111—23.116
(# 16A-5215)Fall 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 Optometry obtain required training in child abuse recognition and reporting. Chris Stuckey
(717) 783-7155Required Education in Pain Management, Addiction, and Prescribing and Dispensing Practice for Opioids
49 Pa. Code Chapter 23
(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 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. Chris Stuckey
(717) 783-7155Safe Opioid Prescription Curriculum
49 Pa. Code Chapter 23
(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 Dentistry, the State Board of Medicine, the State Board of Nursing, 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. Chris Stuckey
(717) 783-7155State Board of Osteopathic Medicine Volunteer License
49 Pa. Code Chapter 25,
Subchapter L
(# 16A-5323)Winter 2017-18, as Final-Omitted This rulemaking is needed to amend the Board's current regulations to conform to amendments to the Volunteer Health Services Act. Aaron Hollinger
(717) 783-4858Child Abuse Reporting Requirements
49 Pa. Code §§ 25.401—25.416
(# 16A-5326)Fall 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 Osteopathic Medicine obtain required training in child abuse recognition and reporting. Aaron Hollinger
(717) 783-4858Prescribing
49 Pa. Code § 25.218
(# 16A-5330)Fall 2017, 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 drugs, including the requirements of the Safe Emergency Prescribing Act (Act 122 of 2016), the provisions of Chapter 52A of Title 35, relating to prescribing opioids to minors, and the provisions of Chapter 51 of Title 35 relating to safe opioid prescription and voluntary non-opioid directives. Aaron Hollinger
(717) 783-4858Acupuncture
49 Pa. Code §§ 25.231 and 25.301—25.314
(# 16A-5331)Fall 2017, as Proposed This proposed rulemaking implements the act of September 24, 2014 (P.L. 2472, No. 134) which amended the Acupuncture Licensure Act (63 P.S. §§ 1801—1806.1) to require acupuncturists and practitioners of Oriental medicine to carry professional liability insurance and to permit these licensees to provide services without a diagnosis from a physician, podiatrist or dentist for asymptomatic patients. It also makes general updates to the regulations to be consistent with the regulations of the State Board of Medicine relating to acupuncture. Aaron Hollinger
(717) 783-4858Physician Assistant Supervisory Agreements
49 Pa. Code Chapter 25, Subchapter C
(# 16A-5332)Winter 2016-17, as Proposed The rulemaking is needed to bring the Board's existing regulations relating to physician assistant supervisory agreements (written agreements) into conformity with changes made by the act of November 27, 2013 (P.L. 1145, No. 101) with regard to physician review and countersignature of patient charts for patients seen by physician assistants. Aaron Hollinger
(717) 783-4858Required Education in Pain Management, Addiction, and Prescribing and Dispensing Practice for Opioids
49 Pa. Code Chapter 25
(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 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. Aaron Hollinger
(717) 783-4858Safe Opioid Prescription Curriculum
49 Pa. Code Chapter 25
(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 Dentistry, the State Board of Medicine, the State Board of Nursing, the State Board of Optometry, 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. Aaron Hollinger
(717) 783-4858State Board of Pharmacy Compounding Practices
49 Pa. Code Chapter 27
(# 16A-5419)Spring 2017, as Proposed Through careful review and with input from stakeholders, the State Board of Pharmacy proposes to update its regulations to incorporate developments and improvements in the profession's safe, sterile practices and procedures for the compounding of pharmaceutical products for patients. Melanie Zimmerman
(717) 783-7156Child Abuse Reporting Requirements
49 Pa. Code Chapter 27
(# 16A-5430)Fall 2017, as Proposed This proposed regulation would establish regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). Throughout 2014, numerous amendments were made to the CPSL as a result of the report of the Taskforce on Child Protection. One of those amendments makes it clear that all licensees of health-related boards are mandatory reporters, which would include licensees of the State Board of Pharmacy. This rulemaking implements the mandatory reporting requirements as recently amended, including the requirement that all applicants and licensees of the Board obtain required training in child abuse recognition and reporting. Melanie Zimmerman
(717) 783-7156Administration of Injectable Medications, Biologicals and Immunizations
49 Pa. Code §§ 27.401—27.407
(# 16A-5431)Summer 2017, 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) 783-7156Required Education in Pain Management, Addiction, and Prescribing and Dispensing Practice for Opioids
49 Pa. Code Chapter 27
(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 dispensers and 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. Melanie Zimmerman
(717) 783-7156State Board of Physical Therapy Post-Act 38 Corrections
49 Pa. Code Chapter 40
(# 16A-6517)Fall 2017, as Final The act of July 4, 2008 (P.L. 293, No. 38) (Act 38) substantially amended the act, including qualifications for licensure as a physical therapist, continuing education for all physical therapists and physical therapist assistants, professional liability insurance for all physical therapists, physician referral, and supervision of physical therapist assistants by physical therapists on a basis that may be less than direct on-premises supervision. Due to the extensive nature and breadth of these amendments, on December 22, 2012, at 42 Pa.B. 7652, the Board amended its regulations to implement Act 38. After final promulgation, the Board discovered various typographical errors to correct, necessary clarity edits and other items that were not, but could have been, addressed in the prior rulemaking. This rulemaking proposes to address those items. Michelle Roberts
(717) 783-7134Child Abuse Reporting Requirements
49 Pa. Code §§ 40.201—40.207
(# 16A-6518)Fall 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 Physical Therapy obtain required training in child abuse recognition and reporting. Michelle Roberts
(717) 783-7134Foreign-trained Applicant Evaluation
49 Pa. Code §§ 40.16, 40.17
(# 16A-6520)Summer 2017, as Proposed The proposed rulemaking would amend the Board's regulations such that a foreign-trained applicant would be required to submit an evaluation showing that the applicant's training was equivalent to what is required in a program accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE), rather than the program contents currently specified in the regulations. Michelle Roberts
(717) 783-7134Fees
49 Pa. Code § 40.5
(# 16A-6521)Fall 2017, as Proposed This proposed rulemaking would amend the Board's regulations so that application fees would be set to recover the cost of processing the application and biennial renewal fees would cover the balance of the Board's cost of operations each biennium. Michelle Roberts
(717) 783-7134State Board of Podiatry Sexual Misconduct
49 Pa. Code Chapter 29
(# 16A-448)Fall 2017, as Proposed This proposed regulation would define and prohibit sexual behavior with patients and sexual exploitation. Aaron Hollinger
(717) 783-4858Certificate of Authority to Perform Acupuncture
49 Pa. Code Chapter 29
(# 16A-449)Winter 2016-17, as Proposed This proposed rulemaking would establish the fees and regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Through this rulemaking the State Board of Podiatry strives to ensure that podiatrists who perform acupuncture will have the proper training. Aaron Hollinger
(717) 783-4858Volunteer License
49 Pa. Code § 29.55
(# 16A-4411)Winter 2017-18, as Final-Omitted This regulation is needed to amend the Board's current regulations to conform to amendments to the Volunteer Health Services Act. Aaron Hollinger
(717) 783-4858Child Abuse Reporting Requirements
49 Pa. Code §§ 29.91—29.97
(# 16A-4412)Fall 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 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)Spring 2017, 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) 783-4858Continuing Education and Reactivation of License
49 Pa. Code Chapter 29
(number not yet assigned)Fall 2017, as Proposed This proposed rulemaking would update the Board's existing regulations relating to continuing education, add accredited schools of podiatric medicine as approved continuing education providers, and set forth compliance procedures followed by the Board. Aaron Hollinger
(717) 783-4858Fees
49 Pa. Code § 29.13
(number not yet assigned)Fall 2017, as Proposed This rulemaking updates the Board's application fees and biennial renewal fees to meet current costs while slowly reducing the Board's current surplus. Aaron Hollinger
(717) 783-4858Prescribing
49 Pa. Code Chapter 29
(number not yet assigned)Fall 2017, as Proposed The proposed rulemaking would establish guidelines for podiatrists prescribing controlled substances and would incorporate statutory requirements related to the Commonwealth's prescription drug monitoring (ABC-MAP) program. Aaron Hollinger
(717) 783-4858Required Education in Pain Management, Addiction, and Prescribing and Dispensing Practice for Opioids
49 Pa. Code Chapter 29
(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 dispensers and 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.
Aaron Hollinger (717) 783-4858Safe Opioid Prescription Curriculum
49 Pa. Code Chapter 29
(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 Dentistry, the State Board of Medicine, the State Board of Nursing, the State Board of Optometry, and the State Board of Osteopathic Medicine, 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. Aaron Hollinger
(717) 783-4858State Board of Psychology Continuing Education
49 Pa. Code § 41.59
(# 16A-6317)Summer 2017, as Proposed The Board, in its effort to continually review the efficacy of its regulations, has again reviewed the continuing education regulations and has determined that amendments are needed to update, revise and clarify the continuing education requirements. This proposed rulemaking would amend the requirements relating to home study, instruction and carry over. Chris Stuckey
(717) 783-7155Code of Ethics
49 Pa. Code § 41.61
(# 16A-6324)Fall 2017, 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 2017, as Proposed In 2010, the Board published amendments to the regulations relating to education, examination and experience requirements for licensure. Since then, the Board has determined that additional amendments are needed to provide greater clarity. Chris Stuckey
(717) 783-7155Child Abuse Reporting Requirements
49 Pa. Code Chapter 41
(# 16A-6322)Fall 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 Psychology obtain required training in child abuse recognition and reporting. Chris Stuckey
(717) 783-7155Volunteer Licenses
49 Pa. Code Chapter 41
(# 16A-6325)Fall 2017, 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) 783-7155General Revisions
49 Pa. Code Chapter 41
(number not yet assigned)Winter 2017-18, as Proposed This proposed rulemaking is needed to update the Board's regulations to conform to changes made to the Professional Psychologists Practice Act by the Act of June 23, 2016 (P.L. 379, No. 53) (Act 53 of 2016). Act 53 of 2016 clarifies the scope of practice of psychology, grants the Board the power to issue temporary licenses to out-of-state licensees, revises and removes some of the previous exemptions to licensure, removes the time limitation pertaining to the retaking of the licensure examinations, eliminates the requirement that at least one year of supervised experience be obtained subsequent to the granting of the doctoral degree, gives the Board the ability to bar a suspended licensee from engaging in any other form of counseling or mental health practice, and requires licensees to report multiple licensure of any other health profession from other states. Chris Stuckey
(717) 783-7155
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