[48 Pa.B. 1368]
[Saturday, March 3, 2018]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date	Need and Legal Basis for	Agency Contact
of Promulgation	Action
Department of Health (DOH)
Health Facilities and Hospitals 28 Pa. Code Chapters 51 and 101—158	August 2018, 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 Nancy Lescavage (717) 233-4252 Ann Chronister (717) 787-8015
Long Term Care Facilities 28 Pa. Code Chapters 201—211	August 2018, 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 Nancy Lescavage (717) 233-4252 Ann Chronister (717) 787-8015
Medical Marijuana	Temporary regulations will be published periodically through April 2018. The technical changes to current temporary regulations will be published by June 2018.	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 July 2017, the Department released temporary regulations for safe harbor letters, grower/processors, dispensaries, approved laboratories, and practitioners.	Wendy Carson (717) 783-2500 John Collins (717) 547-3047 Lawrence Clark (717) 547-3058
Communicable and Noncommunicable Diseases, specific to HIV CD4 Counts and Viral Load Results 28 Pa. Code Chapter 27	August 2018, as Proposed	Revise the details of the reportable disease regulations (Chap 27) to include reporting of all HIV CD4 counts and viral load results by providers and laboratories to provide improved surveillance, detection and treatment of HIV disease and is line with national standards.	Yvette Kostelac (717) 783-2500 Raphael Barishansky (717) 772-5025 Godwin Obiri (717) 547-3499
Communicable and Noncommunicable Diseases 28 Pa. Code Chapter 27	August 2018, as Proposed	Revise the listing and details associated with the reportable disease regulations (Chapter 27) to include additional and emerging diseases, new laboratory tests, and changes to exclusion policies for individuals with evidence of disease. Changes will allow for alignment with national standards and improve disease surveillance, investigation and response efforts.	Neil Hittinger (717) 547-3071 Raphael Barishansky (717) 772-5025 Sharon Watkins (717) 547-3517
Department of Human Services (DHS)
Outpatient Psychiatric Services and Psychiatric Outpatient Clinics 55 Pa. Code Chapters 1153 and 5200 (# 14-538)	July 2018, as Final	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.	Caitlin Palmer (717) 772-4141
Psychiatric Rehabilitation Services 55 Pa. Code Chapter 5231	July 2018, 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.	Caitlin Palmer (717) 772-4141
Intensive Behavioral Health Services 55 Pa. Code Chapter 5270 (# 14-546)	Spring 2018, 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.	Caitlin Palmer (717) 772-4141
Subsidized Child Care Eligibility 55 Pa. Code Chapter 3041	April 2018, as Proposed	This regulation will be updated to add new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant and update other current requirements. The amendments include requirements regarding redetermination, continuation of subsidy during job loss, reporting and verification, financial eligibility, and prioritized groups.	Caitlin Palmer (717) 772-4141
Child Day Care Centers, Group Child Care Day Care Homes, Family Child Day Care Homes 55 Pa. Code Chapters 3270, 3280 and 3290 (# 14-542)	April 2018, as Proposed	This regulation will add new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant and other requirements. This regulation will include amendments regarding employment, background checks and training requirements. In addition, proposed amendments include water safety training and equipment requirements.	Caitlin Palmer (717) 772-4141
Home and Community-Based Supports and Licensing 55 Pa. Code Chapters 51, 2380, 2390, 6100, 6200, 6400 and 6500 (# 14-540)	April 2018, 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. The other regulatory chapters listed (2380, 2390, 6200, 6400 and 6500) provide licensing requirement amendments.	Caitlin Palmer (717) 772-4141
Adult Protective Services 55 Pa. Code Chapter 15	April 2018, 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.	Caitlin Palmer (717) 772-4141
Medical Assistance Disqualifications and Hearing Requirements 55 Pa. Code Chapters 255 and 275	April 2018, 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.	Caitlin Palmer (717) 772-4141
Definitions and Requirements 55 Pa. Code Chapters 123 and 133	February 2018, as Proposed	This regulation will allow Temporary Assistance to Needy Families (TANF) applicants and recipients to fulfill requirements without the need for a face-to-face interview.	Caitlin Palmer (717) 772-4141
Medical Assistance Manual 55 Pa. Code Chapter 1121	April 2018, as Proposed	These regulations implement changes mandated by the Affordable Care Act to address Medicaid drug reimbursement in the Fee-for-Service delivery system, including reimbursement based on actual acquisition cost.	Caitlin Palmer (717) 772-4141
Pennsylvania Insurance Department (PID)
Medicare Supplement (NAIC Model Regulation update) (# 11-256)	Fall 2018, as Final	Amendments to Chapter 89 based upon NAIC Model amendments.	Bridget E. Burke Regulatory Coordinator (717) 787-2567
Health Insurance Reserves (NAIC Model Regulation)	Fall 2018, as Proposed	Amendments to Chapter 84a based upon NAIC Model amendments regarding actuarial reserving requirements.	Bridget E. Burke Regulatory Coordinator (717) 787-2567
Transportation Network Company Endorsements	Fall 2018, as Proposed	Amendments to Chapter 113 regarding ''Cancellation or Nonrenewal of Policies Containing Transportation Network Company Endorsements.''	Bridget E. Burke Regulatory Coordinator (717) 787-2567
Privacy and Opt Out Notices for Financial Information (NAIC Model Regulation update) (# 11-257)	Spring 2018, as Proposed	Amendments to Chapter 146a in accordance with NAIC model regulation # 672 regarding requirements for annual privacy policy notices.	Bridget E. Burke Regulatory Coordinator (717) 787-2567
Producer Licensing Modernization Regulatory Updates	Spring 2019, as Proposed	Repeal of outdated regulations and replacement with a new chapter implementing sections 601-A—699.1-A of the Act (40 P.S. §§ 310.1—310.99a), which will set forth requirements and standards for the operation of a single licensing system for insurance producers in this Commonwealth.	Bridget E. Burke Regulatory Coordinator (717) 787-2567
Department of Labor and Industry (L&I)
Boiler and Unfired Pressure Vessel Regulations Title 34, Part I, Chapter 3a Bureau of Occupational and Industrial Safety	Fall 2018, as Proposed	Update regulations based on Act 104 of 2013 and adopt certification standards for third party inspection agencies.	Jennifer Berrier (717) 783-6304
Flammable and Combustible Liquids Title 34, Part I, Chapters 14 and 14a Bureau of Occupational and Industrial Safety	Summer 2018, 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) 783-6304
Unemployment Compensation Title 34 Chapter 101 Board of Review	Winter 2018, as Proposed	Update regulation to reflect statutory and operational changes.	Marsha Sajer (717) 787-4186
Services for the Blind and Visually Impaired Currently Title 55, Part IV, Adult Services Manual, Subpart D Non-residential Agencies/ Facilities/Services, Chapter 2430 to be moved to Title 34	Winter 2019, as Proposed	Deletion of current regulations and creation of new regulations for the Business Enterprise Program to reflect operational changes, based on the transfer of the program from the Department of Welfare to L&I, Act 15 of 1999.	Joe Strechay (717) 787-7312
Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Appeal Board, Title 34, Part VII, Chapter 111, Workers' Compensation Appeal Board (# 12-105)	Spring 2018, as Proposed	Modernize regulations to reflect judicial best practices in scheduling of oral argument after the parties file briefs and where the appellate issues so warrant.	Steven Loux (717) 783-7838
Uniform Construction Code Regulations Title 34, Part I, Chapters 401 and 403 Bureau of Occupational and Industrial Safety	Fall 2018, as Proposed	Update regulations based on the adoption of the 2015 ICC codes by the UCC Review and Advisory Council.	Jennifer Berrier (717) 783-6304
Minimum Wage Title 34, Part 12, Chapter 231 Bureau of Labor Law Compliance	Spring 2018, as Proposed	Revise regulations to update the executive, administrative and professional exemptions from the Minimum Wage Act of 1968.	Terry Peck (717) 787-3681
Sign Language Interpreter and Transliterator State Registration Act, Act 57 of 2004	Fall 2018, as Proposed	Update the regulations to ensure the protection of deaf consumers' rights and to increase the number of qualified interpreters in PA.	Ben Moonan (814) 792-2381
Department of Military and Veterans Affairs (DMVA)
Veterans' Homes Regulations 43 Pa. Code Chapter 7	Spring 2018, 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.	Leonard Cowitch (717) 861-8503
Municipal Police Officers' Education and Training Commission (MPOETC)
Administration of the Municipal Police Officers' Education and Training Program 37 Pa. Code Chapter 203 (# 17-80)	Spring 2018, 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) 705-1749
Pennsylvania 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 421	Spring 2018, 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) 265-8517
Preliminary Provisions and Administrative Proceedings of the Commission on Crime and Delinquency 37 Pa. Code Chapters 401 and 407	Spring 2018, as Proposed	The Commission on Crime and Delinquency plans to amend the regulations at 37 Pa. Code Chapter 401 (relating to preliminary provisions) 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) 265-8517
Pennsylvania Emergency Management Agency (PEMA)
Act 187 of 2014	2018, 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) 651-2728
Pennsylvania 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 (PENNVEST) Assistance and Clean Water State Revolving Fund 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) (# 101-08; # 101-09)	Spring 2019, 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, but 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.	Shawn W. Weis (717) 783-6776
Pennsylvania Municipal Retirement System (PMRS)
No regulations being developed or considered at this time.
Pennsylvania State Police (PSP)
Procedures and Specifications for Firearm Record Forms Under the Uniform Firearms Act 37 Pa. Code Chapter 33 (# 17-85)	Spring 2018, 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) 705-1749
Training and Minimum Standards Under the Wiretapping and Electronic Surveillance Control Act 37 Pa. Code Chapter 51	Summer 2018, 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) 705-1749
Pennsylvania 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 901a	June 2018, 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) 705-3906
Amendments to Chapter 113, Withholding of Tax (PIT) 61 Pa. Code § 113.4 (# 15-459)	April 2018, as Final	Amendments to Chapter 113 are proposed to reduce the threshold from ''250'' to ''10 or more'' for employers' electronic submission of the Annual Withholding Reconciliation Statements. Additionally, outdated language is being removed from the regulation.	John Brenner (717) 705-3906
Amendments to Realty Transfer Tax (RTT) Regulations 61 Pa. Code Chapter 91 (# 15-460)	March 2018, 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) 705-3906
Amendments to Chapter 55 (''Services'') and Rescission of Statements of Policy at 61 Pa. Code §§ 60.1, 60.4, 60.5	June 2018, as Proposed	In order to have more force and effect, the Statements of Policy on the following matters will be promulgated as regulations at 61 Pa. Code Chapter 55: (i) § 55.7 Building Maintenance or Building Cleaning Services; (ii) § 55.8 Help Supply Services; and (iii) § 55.9 Employment Agency Services. Examples have been updated and some language has been modified to make the three sections uniform.	Maryellen Martin (717) 346-4647
Department of State (DOS)
State Board of Accountancy
General Revisions (Act 73 and Act 15 Amendments) 49 Pa. Code Chapter 11 (# 16A-5513)	Final Rulemaking approved by IRRC— 8/24/17; Regulations published as Final—9/23/17 (47 Pa.B. 5940)	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) 783-1404
Schedule of Civil Penalties 49 Pa. Code Chapter 43b (# 16A-5514)	Final Rulemaking approved by IRRC— 8/24/17; Regulations published as Final—9/23/17 (47 Pa.B. 5948)	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) 783-1404
State Architects Licensure Board
Electronic Seals and Signing 49 Pa. Code Chapter 9 (# 16A-4111)	Spring 2018, as Proposed	The proposed regulations would update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. The goal of this proposal is to be consistent with proposed regulations of the State Registration Board for Professional Engineers, Land Surveyors and Geologists and the State Board of Landscape Architects to provide all design professionals with standards 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) 783-3397
State Board of Chiropractic
Chiropractic Specialties 49 Pa. Code Chapter 5 (# 16A-4312)	Spring 2018, 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. This proposal protects consumers of chiropractic services who can be misled by advertising of ''certifications'' that do not truly reflect advanced knowledge, training or skill.	Elizabeth Wecker (717) 783-7155
Government Employee Liability Coverage 49 Pa. Code §§ 5.17(f) and 5.41 (# 16A-4325)	Summer 2018, 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.	Elizabeth Wecker (717) 783-7155
Bureau of Commissions, Elections and Legislation
Notaries Public 4 Pa. Code Part VIII, Subpart C (# 16-59)	Spring 2018, 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) 787-6802
State Board of Crane Operators
Schedule of Civil Penalties 49 Pa. Code Chapter 43b (# 16A-7103)	Summer 2018, 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) 783-1404
State Board of Dentistry
Anesthesia Update 49 Pa. Code Subchapter E, §§ 33.331—33.342 (# 16A-4621)	Summer 2018, 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) 783-7162
Child Abuse Reporting Requirements 49 Pa. Code § 33.250 (# 16A-4626)	Spring 2018, 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, 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) 783-7162
General Revisions 49 Pa. Code Chapter 33 (# 16A-4628)	Summer 2018, 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. It would also implement two new licensure categories: restricted faculty licenses (incorporating into this rulemaking the subject matter from prior Reg. # 16A-4632) and temporary volunteer dental licenses (incorporating into this rulemaking the subject matter from prior Reg. # 16A-4631).	Lisa Burns (717) 783-7162
State Registration Board for Professional Engineers, Land Surveyors and Geologists
Electronic Seals and Signatures 49 Pa. Code Chapter 37 (# 16A-4712)	Spring 2018, as Proposed	The proposed regulations would update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. The goal of this proposal is to be consistent with proposed regulations of the State Architects Licensure Board and the State Board of Landscape Architects to provide all design professionals with standards that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients.	Jeannie Bronshtein (717) 783-7049
Renewal Fees 49 Pa. Code § 37.17 (# 16A-4713)	Final Rulemaking approved by IRRC— 8/24/17; Regulations published as Final—9/30/17 (47 Pa.B. 6048)	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) 783-7049
State Board of Landscape Architects
Electronic Seals and Signatures 49 Pa. Code Chapter 15 (# 16A-6112)	Spring 2018, as Proposed	The proposed regulations would update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. The goal of this proposal is to be consistent with proposed regulations of the State Architects Licensure Board and the State Registration Board for Professional Engineers, Land Surveyors and Geologists to provide all design professionals with standards 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) 772-8528
State Board of Massage Therapy
Fees 49 Pa. Code § 20.3 (# 16A-724)	Spring 2018, 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) 783-7155
State Board of Nursing
Fees 49 Pa. Code Chapter 21 (# 16A-5142)	Spring 2018, as Proposed	This proposed regulation revises initial and biennial renewal fees for applicants and licensees and revises and sets additional fees for nursing education programs.	Cindy Miller (717) 783-7142
State Board of Occupational Therapy Education and Licensure
Code of Ethics 49 Pa. Code § 42.24 (# 16A-6710)	Final Rulemaking delivered to IRRC— 1/18/18; On IRRC Public Meeting Agenda for 2/22/18	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) 783-1389
General Revisions 49 Pa. Code Chapter 42 (# 16A-6711)	Final Rulemaking delivered to IRRC—2/9/18; On IRRC Public Meeting Agenda for 3/22/18	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) 783-1389
State Board of Optometry
General Revisions 49 Pa. Code Chapter 23 (# 16A-5213)	Spring 2018, 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.	Elizabeth Wecker (717) 783-7155
State Board of Osteopathic Medicine
Prescribing 49 Pa. Code § 25.218 (# 16A-5330)	Spring 2018, 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) 783-4858
State Board of Pharmacy
Compounding Practices 49 Pa. Code Chapter 27 (# 16A-5419)	Summer 2018, as Final	Through careful review and with input from stakeholders, the State Board of Pharmacy proposes to update its regulations to incorporate developments and improvements in the profession's safe, sterile practices and procedures for the compounding of pharmaceutical products for patients.	Melanie Zimmerman (717) 783-7156
State Board of Physical Therapy
Post-Act 38 Corrections 49 Pa. Code Chapter 40 (# 16A-6517)	Spring 2018, 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) 783-7134
Fees 49 Pa. Code § 40.5 (# 16A-6521)	Spring 2018, 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 be reduced, yet would still cover the balance of the Board's cost of operations each biennium.	Michelle Roberts (717) 783-7134
State Board of Podiatry
Schedule of Civil Penalties— Podiatrists 49 Pa. Code Chapter 43b (# 16A-4413)	Final Rulemaking approved by IRRC— 8/24/17; Regulations published as Final—9/30/17 (47 Pa.B. 6051)	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 to streamline the disciplinary process for these types of violations.	Aaron Hollinger (717) 783-4858
State Board of Psychology
Continuing Education 49 Pa. Code § 41.59 (# 16A-6317)	Summer 2018, 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) 783-7155
Code of Ethics 49 Pa. Code § 41.61 (# 16A-6324)	Summer 2018, 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) 783-7155
State Board of Certified Real Estate Appraisers
General Rulemaking for Appraisal Management Companies 49 Pa. Code Chapter 36 (# 16A-7021)	Final Rulemaking approved by IRRC—10/12/17; Regulations published as Final—12/9/17 (47 Pa.B. 7453)	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) 783-4866
General Revisions for Certified Real Estate Appraisers 49 Pa. Code Chapter 36 (# 16A-7022)	Spring 2018, 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) 783-4866
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
Licensed Bachelor Social Worker 49 Pa. Code Chapter 47 (# 16A-6922)	Spring 2018, 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) 783-1389
General Revisions 49 Pa. Code Chapters 47, 48 and 49 (# 16A-6923)	Summer 2018, 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) 783-1389
State Board of Veterinary Medicine
Licensure of Euthanasia Technicians 49 Pa. Code Chapter 31 (# 16A-5726)	Spring 2018, 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) 783-7134
State Employees' Retirement System (SERS)
No regulations being developed or considered at this time.
Department of Transportation (DOT)
Temporary Registration Cards and Plates 67 Pa. Code Chapter 43	Summer 2018, 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 Spotts (717) 787-5299
Registration Class Stickers 67 Pa. Code Chapter 55	Spring 2018, as Proposed	This rulemaking will delete Chapter 55 and eliminate the issuance of weight class stickers. The elimination of these stickers will result in cost savings to the Department and the regulated community.	Anita Wasko (717) 787-2171 Jeffrey Spotts (717) 787-5299
Staggered Registration 67 Pa. Code Chapter 57	Summer 2018, as Proposed	This rulemaking will allow vehicles registered under Pennsylvania's apportioned registration system, in accordance with the International Registration Plan, to have registration expirations staggered throughout the calendar year, rather than the current system where all vehicle registrations expire on May 30 annually.	Tammi Popp (717) 705-5775 Jeffrey Spotts (717) 787-5299
School Bus Drivers— Physical and Mental Criteria 67 Pa. Code Chapter 71	Summer 2018, 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 Spotts (717) 787-5299
Photographic Driver's License 67 Pa. Code Chapter 73	Summer 2018, 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 Spotts (717) 787-5299
Actual Name on Certificate of Title, Driver's License and Identification Card 67 Pa. Code Chapter 85	Summer 2018, 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 issued by the Department.	Chris Miller (717) 787-2977 Jeffrey Spotts (717) 787-5299
Identification Cards 67 Pa. Code Chapter 91	Summer 2018, 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 Spotts (717) 787-5299
Vehicle Equipment and Inspection 67 Pa. Code Chapter 175	Summer 2018, as Final	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 Spotts (717) 787-5299
Oversize and Overweight Loads and Vehicles 67 Pa. Code Chapter 179	Spring 2018, as Proposed	This rulemaking accommodates the planned implementation of the Automated Permit Routing/Analysis System (APRAS), updates outdated language, and ensures references in this chapter are consistent with amendments to 75 Pa.C.S. §§ 4901—4983.	Glenn Rowe, P.E. (717) 783-6479 Jeffrey Spotts (717) 787-5299
Hauling in Excess of Posted Weight Limit 67 Pa. Code Chapter 189	Spring 2018, as Final	This rulemaking will update regulations to be consistent with amendments to the Vehicle Code under Act 89 of 2013.	Halley Cole, P.E. (717) 783-6146 Jeffrey Spotts (717) 787-5299
Intrastate Motor Carrier Safety 67 Pa. Code Chapter 231	Summer 2018, 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 Spotts (717) 787-5299
Intrastate Motor Carrier Safety 67 Pa. Code Chapter 231	Spring 2018, as Proposed	This rulemaking is necessary to carve out exceptions to a recently mandated electronic logging device requirement that will allow certain intrastate drivers to continue maintaining paper hours of service logs.	Roger Cohen (717) 787-0786 Jeffrey Spotts (717) 787-5299
Hazardous Material Transportation 67 Pa. Code Chapter 403	Spring 2018, as Final	This rulemaking will remove outdated or superfluous language in the Department's Hazardous Materials regulations and ensure consistency with Federal regulations.	Glenn Rowe, P.E. (717) 783-6479 Jeffrey Spotts (717) 787-5299
Access to and Occupancy of Highways by Driveways and Local Roads 67 Pa. Code Chapter 441	June 2018, as Final	The Department will be promulgating a regulation to clarify the application process for highway occupancy permits, including authorized applicants, in accordance with 71 P.S. § 745.7a.	Richard Roman, P.E. (717) 787-6899 Jeffrey Spotts (717) 787-5299

[Pa.B. Doc. No. 18-343. Filed for public inspection March 2, 2018, 9:00 a.m.]

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