NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[49 Pa.B. 4181]
[Saturday, August 10, 2019]

 Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit for publication semi-annually an agenda of regulations under development or consideration.

 The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.

 Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.

 This Agenda represents the Administration's present intentions regarding future regulations. The information provided is current as of July 1, 2019. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed (as well as any considered subsequent to publication of this Agenda) is published.

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
Department of Aging
Older Adult Daily Living Centers 6 Pa. Code Chapter 11	Fall 2019, as Proposed	The purpose of 6 Pa. Code Chapter 11 is to protect the health, safety, and well-being of persons with functional impairments for the licensure and operation of Older Adult Daily Living Centers (OADLC). These regulations—the statutory authority for which is found in Act 118 of 1990 and in 62 P.S. Chapter 2 § 1511—were adopted on July 2, 1993 and effective October 12, 1993. The Pennsylvania Department of Aging is responsible for the enforcement of these regulations. OADLC services provide a structured program of services to clients who require the service along with valuable respite to caregivers. The proposed rulemaking would update the existing regulatory language to address changes in other statutes, regulations, codes, ordinances, and other professional standards and practices, along with addressing the increasing frailty of clients served in OADLC.	Barb Valaw (717) 787-4522
Pennsylvania Community Adult Respite Services Program Act 166 of 2014	Fall 2019, as Proposed	Act 166 of 2014 (P.L. 2615, Oct. 22, 2014, No. 166) created a new program called the Pennsylvania Community Adult Respite Services Program (CARP), authorizing the Department of Aging to license and inspect community adult respite services programs that serve participants with minor functional impairments. The purpose of the proposed rulemaking is to provide guidance to persons wishing to provide community adult respite services to eligible persons for part of a 24-hour day, filling a niche between senior centers and older adult daily living centers, as required by Act 166 of 2014.	Barb Valaw (717) 787-4522
Department of Agriculture
Pennsylvania Preferred Program Regulations 7 Pa. Code Chapter 107 (# 2-186)	November 2019, as Final	This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S. §§ 4601—4611).	Laura England (717) 783-8462
Agricultural Conservation Easement Purchase Program 7 Pa. Code Chapter 138e (# 2-192)	November 2019, as Proposed	The regulation will be revised to address the five amendments of the Agricultural Area Security Law that occurred since 2004, when the regulation was last revised. The revision will accomplish a ''housekeeping'' update to reflect the Department's experience in administering the Agricultural Conservation Easement purchase program.	Doug Wolfgang (717) 783-3167
Department of Banking and Securities (DOBS)
Modernization of Banking regulations under the Banking Code of 1965— Title 10, Parts I—VI	Spring 2020, as Proposed	The Banking Code of 1965 underwent substantial modernization in 2014. There is a need to amend the regulations to reflect this modernization and other recent legislative changes on the state level as well as to conform with federal legislative and regulatory changes.	Leo Pandeladis (717) 787-1471
Promulgation of agency rules of administrative practice and procedure, to be added to Title 10, Part I	Spring 2020, as Proposed	The Department currently uses the General Rules of Administrative Practice and Procedure (''GRAAP''), which contemplate that an agency may promulgate its own rules. 1 Pa. Code § 31.1(c). The agency desires to enact rules more suited to its statutory requirements.	Leo Pandeladis (717) 787-1471
Department of Community and Economic Development (DCED)
Industrialized Housing and Components 12 Pa. Code Chapter 145	Fall 2019, as Proposed	The proposed regulation would reduce the frequency of Department inspections for a factory or manufacturing facility with approved building system documentation from once a year to every other year.	Jill B. Busch (717) 720-7314
Department of Conservation and Natural Resources (DCNR)
Snowmobile and All-Terrain Vehicle Grants 17 Pa. Code Chapter 53 (# 7B-9)	Fall 2019, as Final	The regulation would implement a grant program using funds from the snowmobile and ATV management restricted accounts.	Alex MacDonald (717) 772-4586 Lisa Maiorana, Esq. (717) 783-0139
Department of Corrections (DOC)
Inmate Correspondence 37 Pa. Code § 93.2	Fall 2019, as Proposed	Inmate correspondence regulations are being revised to reflect new DOC procedures for processing mail.	Tracey Tubbs (717) 728-7763
Inmate Visiting Privileges 37 Pa. Code § 93.3	Fall 2019, as Proposed	Inmate visiting privileges regulations are being revised to reflect DOC changes to its visiting policy.	Tracey Tubbs (717) 728-7763
Purchase for Inmates by Family and Friends 37 Pa. Code § 93.4	Fall 2019, as Proposed	Purchase for inmates by family and friends regulations are being revised for clarification and to more accurately comport with current standards.	Tracey Tubbs (717) 728-7763
Department of Drug and Alcohol Programs (DDAP)
Recovery Home Regulations 28 Pa. Code Chapter _ (new)	Summer 2019, as Final-Omitted	Act 59 of 2017 directs DDAP to establish regulations for recovery houses that receive public funds or referrals. Recovery homes provide support to those suffering from addiction subsequent to leaving inpatient treatment or correctional facilities. Preparation of final-form reg. package under way.	Derrick Pelletier (717) 214-1937
Department of Education (PDE)
Regulations of the State Board of Private Academic Schools 22 Pa. Code Chapters 51, 53, 55, 57, 59, 61 and 63	Spring 2019, as Proposed	These regulations define the requirements for obtaining licensure as a Private Academic School. The Board is currently in the process of updating the regulations, which were promulgated in 1988. The regulations are promulgated under the authority of the Private Academic Schools Act (24 P.S. §§ 6701 et. seq.).	Matthew Stem (717) 787-2127
Standards for Approved Private Schools 22 Pa. Code Chapter 171, Subchapters A and C	Winter 2020, as Proposed	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). This subchapter contains general provisions, which the Department seeks to update to conform to intervening changes in applicable law. The standards are promulgated under the authority of sections 1376 and 1376.1 of the Public School Code of 1949, 24 P.S. §§ 13-1376 and 1376.1.	Wallace Rejrat (717) 787-5500
Professional Standards and Practices Commission 22 Pa. Code Chapter 235	Spring 2019, as Proposed	This chapter sets forth the standards for professional practice and conduct applicable to educators. The Commission plans to update this chapter to conform to the 2014 amendments to the Educator Discipline Act (24 P.S. §§ 2070.1a et seq.) and to expound the obligations educators owe to students, colleagues and the profession, with an emphasis on appropriate student-teacher boundaries, electronic communications with students and role model responsibilities. The regulation is promulgated under the authority of sections 5(a)(10) and 5(a)(14) of the Educator Discipline Act (24 P.S. §§ 2070.5(a)(10) and 2070.5(a)(14)).	Shane Crosby (717) 787-6576
Department of Education	Fall 2019, as Proposed	These regulations will address the possession and use of medical marijuana by students and employees on the grounds of a preschool, primary school and a secondary school. These regulations are promulgated under authority of the Medical Marijuana Act (2016 Pa. Laws 16).	Wallace Rejrat (717) 787-5500
Department of Education	Fall 2019, as Final	This regulation will establish the permanent fees for institutions of higher education to participate in the state authorization reciprocity agreement. These regulations are promulgated under authority granted by the Act 35 of 2016 (24 P.S. § 1-124(b)).	Patricia Landis (717) 783-8228
Regulations of the State Board of Private Licensed Schools 22 Pa. Code Chapter 73	Fall 2019, as Proposed	These regulations define the requirements for obtaining and maintaining licensure as a Private Licensed School. The Board is currently in the process of updating the regulations and establishing outcomes benchmarks. The regulations are promulgated under the authority of the Private Licensed Schools Act (24 P.S. §§ 6501 et. seq.).	Patricia Landis (717) 783-8228
Regulations of Special Education Services and Programs 22 Pa. Code Chapter 14	Fall 2019, as Final-Omitted	This regulation supports Pennsylvania's people with an intellectual disability by updating the language in 22 Pa. Code relating to education by replacing the terms ''mentally retarded'' and ''mental retardation'' with the terms ''intellectual disability'' or ''intellectual disabilities.'' The regulation is promulgated under the authority of Sections 502, 1372, 26-2603-B, of the Public School Code of 1949, as amended, 24 P.S. Sections 5-502, 13-1372, 26-2603-B. Sections 875-101 through 875-503 of the Early Intervention Services System Act, as amended, 11 P.S. Sections 875-101 through 875-503.	Karen Molchanow (717) 787-3787
Regulations of Charter School and Cyber Charter School Services and Programs for Children with Disabilities 22 Pa. Code Chapter 711	Fall 2019, as Final-Omitted	This regulation supports Pennsylvania's people with an intellectual disability by updating the language in 22 Pa. Code relating to education by replacing the terms ''mentally retarded'' and ''mental retardation'' with the terms ''intellectual disability'' or ''intellectual disabilities.'' The regulation is promulgated under the authority of Sections 1701-A through 1732-A, 1749-A(b)(8), 1751-A, of the Public School Code of 1949, as amended, 24 P.S. §§ 17-1701-A through 17-1732-A, 17-1749-A(b)(8), 17-1751-A, and §§ 875-101 through 875-503 of the Early Intervention Services System Act, as amended, 11 P.S. §§ 875-101 through 875-503.	Carole Clancy (717) 783-6134
State Board of Education 22 Pa. Code Chapter 49	Fall 2019, as Proposed	These regulations establish requirements for certification of professional personnel employed in the public schools of the Commonwealth. The regulations will be open for a periodically required major review. In Spring 2019, the Board began initial stakeholder outreach on the draft amendments proposed by the Secretary of Education by conducting statewide public hearings and inviting the submission of written comments. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P.S. § 2603-B.	Karen Molchanow (717) 787-3787
State Board of Education 22 Pa. Code Chapter 4	Fall 2019, as Final-Omitted	The Board will make technical updates to Chapter 4 to align relevant sections of the regulation with changes to high school graduation requirements that were enacted by Act 158 of 2018.	Karen Molchanow (717) 787-3787
Regulations of the State Library and Advisory Council on Library Development 22 Pa. Code Chapters 131, 133, 135, 137, 141, 142 and 143	Winter 2020, as Proposed	The Department will be promulgating regulations under the authority of the Public Library Code of 2012, Act 210 of 2012, P.L. 2411. The Department plans to update the regulations (promulgated in 1962) in 2018. These regulations will address the use of the State Library, the Advisory Council on Library Development, general provisions and plans for the use of State Aid, certification of library personnel, library traineeships, use of the state library, grants for public library facilities, and state document depositories.	Susan Banks (717) 214-4046
Environmental Hearing Board (EHB)
Practice and Procedure 25 Pa. Code Chapter 1021 (# 106-13)	EHB is expected to vote on proposed rulemaking the 3rd quarter of 2019. EHB expects to submit proposed rulemaking to OGC for review the 3rd quarter of 2019; Final rulemaking is expected 3rd or 4th quarter of 2020.	This proposed rulemaking is expected to make minor revisions to the Board's rules in the following categories: motions for admission pro hac vice; responses to petitions to appeal nunc pro tunc; the inclusion of a table of contents in briefs exceeding 30 pages; and other minor corrections to the rules.	Maryanne Wesdock, Senior Assistant Counsel (412) 565-5245
Department of Environmental Protection (DEP)
Federal Office of Surface Mining (OSM) Program Consistency Updates 25 Pa. Code Chapters 86, 89 and 90 (# 7-532)	Quarter 4, 2019, EQB Consideration, as Final	This rulemaking amends Chapter 86 in order to comply with Federal regulatory requirements; to revise (Chapter 89) effluent limits for passive treatment systems to comply with Federal regulations, and to update (Chapter 90) coal refuse site selection regulations to comply with the revised Coal Refuse Disposal Control Act. (Surface Mining Conservation and Reclamation Act)	Bill Allen (717) 783-9580 wallen@pa.gov
Water Supply Replacement for Coal Surface Mining 25 Pa. Code Chapters 87—90 (# 7-545)	Quarter 3, 2019, Publication, as Proposed	This rulemaking proposes to revise Chapters 87—90, to clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies. (Surface Mining Conservation and Reclamation Act)	Sharon Hill (717) 787-6842 shill@pa.gov
Noncoal Mining Clarifications and Corrections 25 Pa. Code Chapter 77 (# 7-554)	Quarter 4, 2019, EQB Consideration, as Proposed	This rulemaking proposes to clarify and correct existing regulatory requirements for noncoal mining. The rulemaking also proposes to update the blasting section to be consistent with the recently revised Chapter 211 and to reflect current technology. (Noncoal Surface Mining Conservation and Reclamation Act, Clean Streams Law)	Bill Allen (717) 783-9580 wallen@pa.gov
Unconventional Well Permit Application Fees 25 Pa. Code Chapter 78a (# 7-542)	Quarter 3, 2019, EQB Consideration, as Final	This rulemaking amends 25 Pa. Code §§ 78a.1 (relating to definitions) and 78a.19 (relating to permit application fee schedule). These amendments are necessary to increase fees to support the administration of 58 Pa.C.S. Chapter 32 (related to development) (2012 Oil and Gas Act) by the DEP's Office of Oil and Gas Management. The rulemaking increases the current well permit application fees from $5,000 for nonvertical unconventional wells and $4,200 for vertical unconventional wells, to $12,500 for all unconventional well permit applications to administer the 2012 Oil and Gas Act. (2012 Oil and Gas Act)	Kurt Klapkowski (717) 772-2199 kklapkowsk@pa.gov
Environmental Protection Performance Standards for Conventional Oil and Gas Operators 25 Pa. Code Chapter 78 (# 7-539)	Quarter 1, 2020, EQB Consideration, as Proposed	This rulemaking proposes to amend the Oil and Gas regulations applicable to conventional operators (Chapter 78) to update the environmental protection performance standards related to oil and gas activities. (2012 Oil and Gas Act, Clean Streams Law, Solid Waste Management Act, Dam Safety Encroachment Act, Land Recycling and Environmental Remediation Standards Act, Radiation Protection Act, Unconventional Well Report Act, Act 126 of 2014)	Kurt Klapkowski (717) 772-2199 kklapkowsk@pa.gov
Radiation Safety Requirements for Non-Healing Arts Radiation Generating Devices 25 Pa. Code Chapters 227 and 228 (# 7-555)	Quarter 1, 2020, EQB Consideration, As Proposed	This rulemaking proposes to update Chapter 227 to stay current with advances that have occurred in the uses of non-medical X-ray equipment. The revisions will ensure consistency with other government agencies that similarly regulate these devices. (Radiation Protection Act)	John Chippo (717) 787-2480 jchippo@pa.gov
Administration of the Land Recycling Program 25 Pa. Code Chapter 250 (# 7-552)	Quarter 4, 2019, EQB Consideration, as Proposed	The rulemaking proposes to amend 25 Pa. Code Chapter 250 to update the medium specific concentrations (MSCs) established under the Statewide health standard based on the most recent published scientific information. MSCs are concentrations of contaminants in soil and groundwater that are protective of human health and the environment under various exposure scenarios. The regulations identify the formulas DEP must use to calculate MSCs and the sources of the toxicological information. Additional changes to the regulations may be needed to clarify regulatory language, update outdated information, and to make other corrections. DEP is required by § 250.11 to propose appropriate MSC changes based on current scientific information no more than 36 months after the effective date of the most recently promulgated MSCs. (Land Recycling and Environmental Remediation Standards Act)	Lee McDonnell (717) 783-3006 lemcdonnell@pa.gov
Triennial Review of Water Quality Standards and Updates to Toxics Management Strategy— Statement of Policy 25 Pa. Code Chapters 93 and 16 (# 7-534)	Quarter 3, 2019, EQB Consideration, as Final	This rulemaking revises the Commonwealth's water quality criteria and standards in Chapter 93 and updates the Chapter 16 Statement of Policy to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the Federal Clean Water Act. (40 CFR Section 131.20)	Tom Barron (717) 787-9637 tbarron@pa.gov
Water Quality Standards— Class A Stream Redesignations 25 Pa. Code Chapter 93 (# 7-548)	Quarter 4, 2019, EQB Consideration, as Final	The proposed regulatory changes included in this rulemaking are the result of stream evaluations conducted by DEP in response to a submittal of data from the Pennsylvania Fish and Boat Commission (PFBC). In this rulemaking, redesignations rely on § 93.4b(a)(2)(ii) to qualify streams for High Quality (HQ) designations based upon their classifications as Class A wild trout streams. DEP staff conducted an independent review of the trout biomass data in the PFBC's fisheries management reports for streams throughout the Commonwealth to ensure that the HQ criteria were met. Based on these data and appropriate regulatory criteria, DEP developed this package of stream redesignations including HQ stream redesignations in the Delaware, Susquehanna and Ohio River basins. (Section 303(c)(1) of the Federal Clean Water Act)	Tom Barron (717) 787-9637 tbarron@pa.gov
Water Quality Standard for Manganese 25 Pa. Code Chapters 93 and 96 (# 7-553)	Quarter 4, 2019, EQB Consideration, as Proposed	This rulemaking will propose to address a provision regarding the water quality standards for manganese included in Act 40 of 2017. (Administrative Code of 1929, Pennsylvania Clean Streams Law, Federal Clean Water Act)	Tom Barron (717) 787-9637 tbarron@pa.gov
Water Quality Management and NPDES Permit Application Fees and Annual Fees 25 Pa. Code Chapters 91 and 92a (# 7-533)	Quarter 4, 2019, EQB Consideration, as Final	This rulemaking proposes to amend fees related to water quality management permitting (Chapter 91) and proposes to amend the fee schedule for NPDES permit applications (Chapter 92a). Chapter 91 establishes, among other things, a water quality management (WQM) permitting program for the construction of sewage and industrial waste treatment facilities and for land application of sewage and industrial wastes. DEP began its Chapter 92a annual invoicing and fee collection program in December 2010. Chapter 92a updated the fee schedule for NPDES permit applications for persons to discharge pollutants from point sources into surface waters. In addition, Chapter 92a introduced an annual fee for certain facilities authorized to discharge pollutants by individual NPDES permits. A fee analysis that DEP presented to the EQB in 2014 highlighted that, despite the fee increase in 2010, revenue continues to fall short of expenses, impeding the work of Programs to carry out necessary tasks for protecting water resources in the Commonwealth. (Pennsylvania Clean Streams Law)	Sean Furjanic (717) 787-2137 sefurjanic@pa.gov
Dam Safety and Waterway Management 25 Pa. Code Chapter 105 (# 7-556)	Quarter 4, 2019, EQB Consideration, as Proposed	This proposed rulemaking would amend Chapter 105; clarifying existing requirements; deleting or updating obsolete and antiquated requirements; incorporating new or revised sections and definitions; and correcting typographical errors. (Federal Clean Water Act, Pennsylvania Clean Streams Law, Dam Safety and Encroachment Act)	Sid Freyermuth (717) 772-5977 sfreyermut@pa.gov
Air Quality Fee Schedule Amendments 25 Pa. Code Chapters 127 and 139 (# 7-536)	Quarter 1, 2020, EQB Consideration, as Final	This rulemaking proposes to revise existing requirements and fee schedules codified in Chapter 127, Subchapter I to ensure that fees collected are sufficient to cover the costs of administering the air program as required under Section 6.3(a) of the Air Pollution Control Act (35 P.S. § 4006.3(a)). Upon promulgation, the final-form regulation would be submitted to the EPA for approval as a revision to the SIP or the Title V Program Approval, as appropriate. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOC Emissions from Oil and Natural Gas Sources 25 Pa. Code Chapter 129 (# 7-544)	Quarter 4, 2019, EQB Consideration, as Proposed	This rulemaking proposes to establish emission limitations and other requirements codified in 25 Pa. Code Chapter 129 consistent with reasonably available control technology (RACT). The proposed rulemaking would establish RACT requirements for volatile organic compounds and other pollutants from existing oil and natural gas production facilities, compressor stations, processing plants, and transmission stations. Upon promulgation, the final-form regulation would be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOCs from Gasoline Dispensing Facilities (Stage I and Stage II) 25 Pa. Code Chapters 121 and 129 (# 7-525)	Quarter 4, 2019, EQB Consideration, as Proposed	This rulemaking proposes to remove the requirement to install new Stage II vapor recovery systems and establish procedures for the decommissioning of existing Stage II vapor recovery systems. Stage II systems that are not decommissioned will be required to comply with existing Stage II regulatory maintenance requirements. Industry standards for Stage I and Stage II vapor leak monitoring and relating measures will be added for small gasoline storage tanks. Upon promulgation, the final-form regulation would be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Revision of Sulfur Limits in No. 2 and Lighter Commercial Fuel Oil 25 Pa. Code § 123.22 (# 7-546)	Quarter 3, 2019, Publication, as Proposed	This rulemaking proposes to amend 25 Pa. Code § 123.22 to reduce the maximum allowable sulfur content in No. 2 and lighter commercial fuel oil, sold for and used in combustion units, from the current limit of 500 parts per million (ppm) of sulfur to 15 ppm. The rulemaking would require No. 2 fuel oil offered for sale, delivered for use, exchanged in trade or used in Pennsylvania to meet the new sulfur limit. Emissions of sulfur dioxide contribute to the formation of regional haze, which degrades visibility in urban and rural areas and contributes to fine particulate matter. Upon promulgation, the final-form regulation would be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Additional Requirements for Control of Fine Particulate Matter in the Nonattainment New Source Review Program 25 Pa. Code Chapters 121 and 127 (# 7-551)	Quarter 3, 2019, EQB Consideration, as Final	This rulemaking proposes to amend Chapter 127, Subchapter E to incorporate Federal requirements issued by the EPA on August 26, 2016, for the regulation of precursor emissions to the formation of particulate matter less than and equal to 2.5 micrometers in diameter (PM2.5). The EPA's final rule requires states with nonattainment areas for PM2.5 to amend their new source review (NSR) regulations to include emissions of volatile organic compounds (VOC) and ammonia as PM2.5 precursors. See 81 FR 58010. The proposed amendments would limit the emissions of VOC and ammonia as PM2.5 precursors for new major sources or major sources being modified in certain counties of this Commonwealth that are designated as nonattainment for the PM2.5 National Ambient Air Quality Standard. This proposed rulemaking would also add PM2.5 significant impact levels (SIL) to conform with the EPA guidance for SILs published on April 17, 2018. Upon promulgation, the final-form regulation would be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Hazardous Waste Generator Improvements 25 Pa. Code Chapters 260a—270a (# 7-543)	Quarter 4, 2019, EQB Consideration, as Final-Omitted	The rulemaking adopts final corrections to certain provisions in 25 Pa. Code Chapters 261a—270a (relating to hazardous waste management) consistent with recent changes to the federal regulations that are incorporated by reference into these chapters. (Solid Waste Management Act, Hazardous Sites Cleanup Act)	Tom Mellott (717) 783-3390 mtmellott@pa.gov
Department of General Services (DGS)
State Metrology Laboratory Fee Schedule 70 Pa. Code Chapter 110 (# 8-27)	Summer 2019, as Proposed	These regulations will increase the fees charged by the State Metrology Laboratory and update the description fields to accurately reflect the Metrology Lab's measurement parameters and ranges. Preparation of proposed regulation is complete and awaiting final approval prior to submittal to the standing committees, Legislative Reference Bureau, and Independent Regulatory Review Commission.	Ken Hess (717) 787-4352 Mary Fox (717) 787-6789
Department of Health (DOH)
Health Facilities and Hospitals 28 Pa. Code Chapters 51 and 101—158	September 2019, 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.	Sara Kurish (717) 783-2500 Susan Coble (717) 233-4252 Ann Chronister (717) 787-8015 Larry Clark (717) 547-3047
Long Term Care Facilities 28 Pa. Code Chapters 201—211	November 2019, 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.	Jamie Black (717) 783-2500 Susan Coble (717) 233-4252 Ann Chronister (717) 787-8015 Larry Clark (717) 547-3047
Communicable and Noncommunicable Diseases 28 Pa. Code Chapter 27	December 2019, as Proposed	To 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.	Larry Clark (717) 547-3047 Raphael Barishansky (717) 772-5025 Sharon Watkins (717) 547-3517
The Controlled Substance, Drug, Device and Cosmetic Act P.L. 233, No. 64	October 2019, as Proposed	Act 96 of 2018 amends the Controlled Substance, Drug, Device and Cosmetic Act to provide for the required use of electronic prescribing for scheduled II—V controlled substances, including provisions for exemptions and penalties. Per Act 96 the Department of Health will promulgate regulations necessary to implement the requirements of the Act. Action/Progress: The internal workgroup continues to meet to determine content of the regulations.	Keith Fickel (717) 783-2500 Larry Clark (717) 547-3047 Meghna Patel (717) 547-3144
Screening and Follow-up for Diseases of the Newborn 28 Pa. Code Chapter 28	December 2019, as Proposed	To revise and update the newborn screening regulations (Chapter 28) to include additional diseases, changes to policies and reporting requirements. Critical congenital heart defects in accordance with the Newborn Child Pulse Oximetry Screening Act and hearing screening in accordance with the Infant Hearing, Education, Assessment, Reporting, and Referral Act will be added to the regulations.	Jonathan Koltash (717) 783-2500 Kelly Holland (717) 783-8143
Department of Human Services (DHS)
Outpatient Psychiatric Services and Psychiatric Outpatient Clinics 55 Pa. Code Chapters 1153 and 5200 (# 14-538)	August 2019, 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.	Lindsey Mauldin (717) 783-4726
Psychiatric Rehabilitation Services	July 2019, as Proposed	This regulation will amend psychiatric rehabilitation services for individuals 14 years of age and older with serious mental health.	Lindsey Mauldin (717) 783-4726
Intensive Behavioral Health Services 55 Pa. Code Chapters 1155, 5270 (# 14-546)	October 2019, as Final	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.	Lindsey Mauldin (717) 783-4726
Subsidized Child Care Eligibility 55 Pa. Code Chapters 3041, 3042	Fall 2019, as Proposed	This regulation will rescind Chapter 3041 and replace it with Chapter 3042 to add requirements imposed by the 2014 Reauthorization of the Child Care Development Block Grant and amend other requirements regarding redetermination, continuation of subsidy during job loss, reporting and verification, financial eligibility, and prioritized groups.	Lindsey Mauldin (717) 783-4726
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)	September 2019, as Final	This regulation will add new requirements imposed by the 2014 Reauthorization of the Child Care Development Block Grant and other requirements, including employment, background checks, training, water safety training, and equipment.	Lindsey Mauldin (717) 783-4726
Home and Community-Based Supports and Licensing 55 Pa. Code Chapters 51, 2380, 2390, 6100, 6200, 6400 and 6500 (# 14-540)	Summer 2019, 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, and block grant and base-funded programs. It also will amend licensing requirements in chapters 2380, 2390, 6200, 6400 and 6500.	Lindsey Mauldin (717) 783-4726
Definitions and Requirements 55 Pa. Code Chapters 123 and 133	Fall 2019, as Proposed	This regulation will allow applicants for and recipients of Temporary Assistance to Needy Families (TANF) to fulfill requirements without a face-to-face interview.	Lindsey Mauldin (717) 783-4726
Medical Assistance Manual 55 Pa. Code Chapter 1101.51	Summer 2019, as Proposed	This regulation will be amended to rescind the outdated ''shared space'' language at § 1101.51(b)(3) to allow for a more integrated approach to the provision of health care by multi-disciplinary and co-location arrangements.	Lindsey Mauldin (717) 783-4726
Medical Marijuana in Facilities 55 Pa. Code Chapters 3270, 3280, 3290, 3800, 5310, 6400 and 6600	December 2019, as Proposed	This regulation will amend Chapters 3270, 3280, 3290, 3800, 5310, 6400 and 6600 as directed by Section 2105 of Act 16 of 2016, the Medical Marijuana Act, regarding possession and use of medical marijuana in child care centers or other social services centers.	Lindsey Mauldin (717) 783-4726
Adult Protective Services 55 Pa. Code Chapter 15	November 2019, 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 is provided by Act 70 of 2010, the Adult Protective Services Act.	Lindsey Mauldin (717) 783-4726
Assisted Living Regulations 55 Pa. Code Chapter 2800	Fall 2019, as Proposed	The current regulation provides standards to protect the health, safety and well-being of assisted living residents, identifying the minimum requirements to obtain a license and operate at a level of compliance necessary. The proposed revisions are needed to address industry changes in the assisted living program since the initial regulations were adopted on July 16, 2011. Current regulations limit the ability of the industry to grow and to support the development of the provider network statewide that can assist other health and safety needs of aging consumers.	Lindsey Mauldin (717) 783-4726
Pennsylvania Insurance Department (PID)
Privacy and Opt Out Notices for Financial Information (NAIC Model Regulation update) (# 11-257)	Spring 2019, as Final	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
Health Insurance Reserves (NAIC Model Regulation)	Spring 2019, as Proposed	Amendments to Chapter 84a based upon NAIC Model amendments regarding actuarial reserving requirements.	Bridget E. Burke Regulatory Coordinator (717) 787-2567
Producer Licensing Modernization Regulatory Updates	Summer 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)
Flammable and Combustible Liquids Title 34, Part I, Chapters 14 and 14a Bureau of Occupational and Industrial Safety	Fall 2019, as Proposed	Update regulations based on Act 144 of 2012 and adopt requirements for storage and dispensing of compressed natural gas as vehicular fuel.	Matthew Kegg (717) 783-6304
Unemployment Compensation Title 34, Chapter 101 Board of Review	Winter 2019, as Proposed	Update regulation to reflect statutory and operational changes. Also, update regulations based on needs for Benefits Modernization System.	Randy Brandes (717) 787-5122
Unemployment Compensation Title 34, Chapter 65 Employee Provisions	Winter 2019, as Proposed	Update regulations based on needs for Benefits Modernization System and other operational changes.	Susan Dickinson (717) 787-4403
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.	Stanley Swaintek (570) 826-2361
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)	Fall 2019, as Proposed	Modernize regulations to reflect judicial best practices in scheduling hearings through technology.	Steven Loux (717) 783-7838
Minimum Wage Title 34, Part 12 Chapter 231 Bureau of Labor Law Compliance	Fall 2019, as Final	Revise regulations to update the executive, administrative and professional exemptions from the Minimum Wage Act of 1968.	Bryan Smolock (717) 787-0606
Sign Language Interpreter and Transliterator State Registration Act, Act 57 of 2004	January 2020, revised Proposed	Update the regulations to ensure the protection of deaf consumers' rights and to increase the number of qualified interpreters in PA.	Melissa Hawkins (717) 783-4912
Apprenticeship EEO Regulations Title 34, Chapter 81 Equal Opportunity in Apprenticeship Programs	Winter 2019, as Proposed	Update the PA apprenticeship regulations to align with new federal EEO regulations.	Eric Ramsay (717) 787-6997
Uniform Construction Code Regulations Title 34, Part I, Chapter 405 Bureau of Occupational and Industrial Safety	Winter 2019, as Proposed	Update regulations related to lifting devices based on Act 68 of 2018 and adopt certification standards for third party inspection agencies.	Matthew Kegg (717) 787-6304
Bureau of Workers' Compensation Title 34, Chapter 123 Subchapter B. Impairment Ratings	Spring 2020, as Proposed	Update regulations to reflect new statutory provisions and changes to the IRE process enacted by Act 111 of 2018.	Marianne Saylor (717) 783-5421
Uniform Construction Code Regulations Title 34, Part I, Chapters 401 and 403 Bureau of Occupational and Industrial Safety	Spring 2020, as Proposed	Update regulations related to administration of the Uniform Construction Code and the certification of code administrators.	Matthew Kegg (717) 787-6304
Employment of Minors Title 34, Part 1, Chapter 11 Bureau of Labor Law Compliance	Spring 2020, as Proposed	Update regulations related to employment of minors to reflect 2012 updates to the Child Labor Act.	Bryan Smolock (717) 787-0606
Department of Military and Veterans Affairs (DMVA)
Veterans' Homes Regulations 43 Pa. Code Chapter 7	Fall 2019, 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.	Elizabeth Pettis (717) 861-8503
Bureau of Veterans' Affairs 43 Pa. Code Chapter 5	Spring 2020, as Proposed	The Department wishes to promulgate a comprehensive update to its regulations related to the former Bureau of Veterans' Affairs that is now the Bureau of Programs, Initiatives, Reintegration and Outreach. The statutory authority for these regulations is Sections 1704(7) and 7701 of the Military and Veterans Code (51 Pa.C.S.). These regulations are out-of-date. They were last updated in 1991.	Elizabeth Pettis (717) 861-8503
Fort Indiantown Gap 43 Pa. Code (new Chapter)	Fall 2021, as Proposed	Fort Indiantown Gap is owned by the Commonwealth of Pennsylvania and operated by the Department of Military and Veterans Affairs. The post is home to tens of thousands of Soldiers and civilians every year for training and other activities. Department wishes to promulgate regulatory authority and installation regulations that enhance the safety of military and civilian personnel and protect the military and Commonwealth property. The statutory authority for these regulations Chapter 7 § 708 of the Military and Veterans Code (51 Pa.C.S.).	Elizabeth Pettis (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)	Summer 2019, as Proposed This regulatory packet was revised and re-submitted to OGC and GBO in May 2019 for review and processing.	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 Patrick Beaver (717) 705-1749
Pennsylvania Commission on Crime and Delinquency (PCCD)
Sheriffs' and Deputy Sheriffs' Education and Training Program 37 Pa. Code Chapter 421	Fall 2019, 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
Pennsylvania Emergency Management Agency (PEMA)
No regulations being developed or considered at this time.
Pennsylvania Infrastructure Investment Authority (PENNVEST)
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 51	Fall 2019, 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 Patrick Beaver (717) 705-1749
Department of Revenue (DOR)
Amendments to Local Option Small Games of Chance (SGOC) 61 Pa. Code Chapter 901a	October 2019, 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 Realty Transfer Tax (RTT) Regulations 61 Pa. Code Chapter 91	September 2019, 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
iLottery [Games] 61 Pa. Code Chapter 876 (# 15-460)	Proposed rulemaking published at 49 Pa.B. 2242 (May 4, 2019); March 2020, as Final	Act 42 of 2017 authorized the Department to promulgate ''temporary'' regulations for iLottery games, effective for two years upon publication in the Pennsylvania Bulletin. The temporary regulations for iLottery Games were published at 48 Pa.B. 1829 (March 31, 2018) and codified in the June 2018 Supplement to the Pennsylvania Code. The temporary regulations expire on March 31, 2020. The Department is promulgating permanent regulations.	Casey Fenstermaker (717) 346-1860
Department of State (DOS)
State Architects Licensure Board
Electronic Seals and Signing 49 Pa. Code Chapter 9 (# 16A-4111)	Summer 2019, 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 Auctioneer Examiners
Schedule of Fees 49 Pa. Code § 1.41 (# 16A-6411)	Summer 2019, as Proposed	The proposed rulemaking is needed to increase application and biennial renewal fees to provide sufficient biennial revenue to meet projected expenditures as required under section 6(a) of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § 734.6).	Terrie Kocher (717) 783-3397
State Board of Barber Examiners
Schedule of Fees 49 Pa. Code § 3.103 (# 16A-4230)	Fall 2019, as Proposed	The proposed rulemaking is needed to increase the application and biennial renewal fees to provide sufficient biennial revenue to meet the projected expenditures as required under section 14 of the Barbers' License Law (63 P.S. § 564).	Kelly Diller (717) 783-1261
State Board of Chiropractic
Chiropractic Specialties 49 Pa. Code Chapter 5 (# 16A-4312)	Fall 2019, as Final	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. The final-form rulemaking prohibits 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, and other organizations approved by the Board. 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)	Winter 2019-2020, 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
Commissioner of Professional and Occupational Affairs
Expungement; Fees 49 Pa. Code Chapter 43b, §§ 43b.101—43b.103 and 43b.201 (# 16A-060)	Summer 2019, as Final	The proposed rulemaking would implement the expungement provisions in the act of February 15, 2018 (P.L. 14, No. 6), which authorizes the Commissioner of Professional and Occupational Affairs to expunge certain disciplinary actions upon application, and to require the applicant to pay a fee to cover all costs associated with the expungement as established by the Commissioner by regulation.	Cynthia Montgomery (717) 783-7200
Bureau of Commissions, Elections and Legislation
Notaries Public 4 Pa. Code Part VIII, Subpart C (# 16-59)	Winter 2019-2020, as Final	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)	Winter 2019-2020, 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)	Winter 2019-2020, 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)	Fall 2019, as Final	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)	Winter 2019, 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
Expansion of PHDHP Practice Sites 49 Pa. Code § 33.205b (# 16A-4633)	Winter 2019-2020, as Final	This proposed regulation would clarify and expand the practice settings in which public health dental hygiene practitioners (PHDHPs) may perform dental hygiene services without the supervision of a dentist.	Lisa Burns (717) 783-7162
Fees 49 Pa. Code § 33.339 # 16A-4634	Summer 2019, as Proposed	This proposed regulation would amend § 33.339 (relating to fees) to increase the application fees, biennial renewal fees, restricted facility license fees and unrestricted permit fees.	Lisa Burns (717) 783-7126
State Registration Board for Professional Engineers, Land Surveyors and Geologists
Electronic Seals and Signatures 49 Pa. Code Chapter 37 (# 16A-4712)	Summer 2019, 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
State Board of Landscape Architects
Electronic Seals and Signatures 49 Pa. Code Chapter 15 (# 16A-6112)	Summer 2019, 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 Medicine
Practitioners of Oriental Medicine 49 Pa. Code Chapter 18 (# 16A-4956)	Summer 2019, as Proposed	This proposed rulemaking would revise the regulations relating to acupuncturists and practitioners of Oriental medicine (POM) to transform the current POM license into a one-time registration, make amendments to reflect legislative changes regarding acupuncturists which have occurred since the prior regulatory amendments on the topic, and to address acceptable testing scores due to new test formats. The rulemaking is in accordance to the Governor's recommendation for occupational licensure reform.	Suzanne Zerbe (717) 787-7768
Naturopathic Doctor 49 Pa. Code Chapter 18 (# 16A-4953)	Summer 2019, as Proposed	The proposed rulemaking will amend the Board's regulations to implement the Naturopathic Doctor Registration Act, Act of Nov. 3, 2016, P.L. 997, No. 128, 63 P.S. §§ 272.101—272.301, which provides for the registration of naturopathic doctors. The proposal establishes fees, registration requirements, continuing education requirements, standards of practice, required records, advertising, grounds for discipline and types of discipline.	Suzanne Zerbe (717) 787-7768
Fees 49 Pa. Code Chapter 16 (# 16A-4951)	Fall 2019, as Proposed	This proposed regulation revises initial and biennial renewal fees for applicants, licensees, registrants, and certificate holders, and removes references to fees for licensure classifications which are no longer issued.	Suzanne Zerbe (717) 787-7768
State Board of Nursing
Fees 49 Pa. Code Chapter 21 (# 16A-5142)	Summer 2019, as Final	This regulation revises initial and biennial renewal fees for applicants and licensees and revises and sets additional fees for nursing education programs. The final form regulation was approved by the Independent Regulatory Review Commission on June 20, 2019.	Cindy Miller (717) 783-7142
State Board of Examiners of Nursing Home Administrators
Continuing Education Requirements 49 Pa. Code § 39.11 (# 16A-6219)	Summer 2019, as Proposed	The proposed regulation amends the biennial continuing education requirement to conform with the Governor's recommendations for licensure reform that were generated by Executive Order 2017-3. The biennial requirement of 48 credit hours will be reduced to 36. Additionally, the rulemaking provides for showing of continued competence where a licensee has been inactive for a period of time.	Chris Stuckey (717) 783-4856
State Board of Optometry
General Revisions 49 Pa. Code Chapter 23 (# 16A-5213)	Winter 2019-2020, as Final	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)	Fall 2019, 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
Fees 49 Pa. Code §§ 25.231 and 25.503 (# 16A-5334)	Summer 2019, as Proposed	This proposed rulemaking provides for increased application fees and biennial renewal fees for board-regulated practitioners and is needed to ensure sufficient biennial revenue to meet expected expenditures.	Aaron Hollinger (717) 783-4858
State Board of Pharmacy
Administration of Injectable Medications, Biologicals and Immunizations 49 Pa. Code §§ 27.12 and 27.401—27.407 (# 16A-5429)	Summer 2019, as Proposed	This proposed rulemaking addresses amendments to section 9.2 of the Pharmacy Act (63 P.S. § 380-9.2) which reduce the age of patients to whom pharmacists can administer influenza immunizations and permit pharmacy interns to administer injectable medications, biologicals and immunizations.	Melanie Zimmerman (717) 783-7156
State Board of Physical Therapy
Fees 49 Pa. Code § 40.5 (# 16A-6521)	Fall 2019, 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. Additionally, the Board wishes to lower the fee for approval of continuing education programs, create a fee and application for pre-approved CE provider status, and create a fee for biennial renewal of pre-approved CE provider status.	Michelle Roberts (717) 783-7134
Early Exam and CE for Clinical Instruction 49 Pa. Code Chapter 27 (# 16-6522)	Fall 2019, as Proposed	This proposed rulemaking would allow physical therapist students, and physical therapist assistant students, to sit for the requisite examinations up to 90 days prior to graduation from their respective programs. Additionally, this proposed rulemaking would allow physical therapists (PTs) and physical therapist assistants (PTAs) who provide clinical instruction to student PTs and student PTAs, at clinical facilities affiliated with accredited programs, to receive credit for one (1) contact hour of continuing education for each 40 hours of clinical instruction up to a maximum of four (4) contact hours per biennial period.	Michelle Roberts (717) 783-7134
State Board of Podiatry
Continuing Education 49 Pa. Code § 29.61 (# 16A-4417)	Summer 2019, as Proposed	This proposed rulemaking would reduce the biennial requirement for continuing education, in accordance with the Governor's recommendations for licensure reform; additionally, the rulemaking would provide for the use of distance learning to satisfy the continuing education requirement and provide for exemptions.	Aaron Hollinger (717) 783-4858
State Board of Psychology
Continuing Education 49 Pa. Code § 41.59 (# 16A-6317)	Fall 2019, 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)	Fall 2019, as Proposed	This proposed rulemaking will 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 Revisions for Certified Real Estate Appraisers 49 Pa. Code Chapter 36 (# 16A-7022)	Summer 2019, as Final	This 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
Appraisal Management Companies 49 Pa. Code Chapter 36 (# 16A-7023)	Summer 2019, as Final-Omitted	This rulemaking updates two definitions within the Board's regulations to ensure compliance with Federal law.	Heidy Weirich (717) 783-4866
State Real Estate Commission
Advertising 49 Pa. Code Chapter 35 (# 16A-5616)	Summer 2019, as Proposed	This proposed rulemaking would codify the Commission's current guidelines for advertising, specifically with regard to names and team advertising. The rulemaking is intended to assist the public in evaluating advertising by real estate brokers and salespersons.	Krista Linsenbach (717) 783-3658
Broker Price Opinions 49 Pa. Code Chapter 35 (# 16A-5624)	Summer 2019, as Temporary Regulations	The temporary rulemaking facilitates the prompt implementation of Act 75 of 2018. The temporary rulemaking sets forth minimum requirements for licensees and permitted uses of a broker price opinion.	Krista Linsenbach (717) 783-3658
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
Licensed Bachelor Social Worker 49 Pa. Code Chapter 47 (# 16A-6922)	Winter 2019-2020, as Final	The 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—49 (# 16A-6923)	Fall 2019, 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)	Winter 2019-2020, 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
Certified Veterinary Technicians; Veterinary Assistants 49 Pa. Code § 31.39 (# 16A-5727)	Summer 2019, as Final	The rulemaking would implement the Governor's recommendation generated from Executive Order 2017-3, and update regulations relating to unlicensed veterinary assistants and certified veterinary technicians. The purpose of this rulemaking is to remove unnecessary burdens to credentialing otherwise qualified applicants.	Michelle Roberts (717) 783-7134
Department of Transportation (DOT)
Registration Class Stickers 67 Pa. Code Chapter 55	Summer 2019, 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
School Bus Drivers 67 Pa. Code Chapter 71	Winter 2019, as Proposed	This rulemaking will add requirements related to Entry Level Driver Training for CDL drivers to be consistent with Federal Final Rule.	Kara N. Templeton (717) 787-2977 Jeffrey Spotts (717) 787-5299
Photographic Driver's License 67 Pa. Code Chapter 73	Fall 2019, 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
Identification Cards 67 Pa. Code Chapter 91	Fall 2019, 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 2019, as Proposed	This rulemaking updates vehicle equipment and inspection standards to better reflect current technologies, consistent with recommendations made by the Department's Inspection Advisory Board.	Anita Wasko (717) 787-2171 Jeffrey Spotts (717) 787-5299
Vehicle Equipment and Inspection 67 Pa. Code Chapter 175	Summer 2019, as Proposed	This rulemaking adds financial penalties authorized at 75 Pa.C.S. §§ 4724 and 4726 to Chapter 175.	Anita Wasko (717) 787-2171 Jeffrey Spotts (717) 787-5299
Oversize and Overweight Loads and Vehicles 67 Pa. Code Chapter 179	Winter 2020, 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.	Bob Pento (717) 783-6265 Jeffrey Spotts (717) 787-5299
Hauling in Excess of Posted Weight Limit 67 Pa. Code Chapter 189	Summer 2020, as Proposed	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 2019, 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
Access to and Occupancy of Highways by Driveways and Local Roads 67 Pa. Code Chapter 441	Fall 2019, as Proposed	The Department will be promulgating a regulation to rewrite the entire Chapter 441 to include comments received during the promulgation of the Chapter 441 regulation redefining the term ''owner.''	Bob Pento (717) 783-6265 Jeffrey Spotts (717) 787-5299
Permanent Regulation for LIDAR for State Police and Automated Enforcement Systems 67 Pa. Code Chapter 205	Fall 2019, as Proposed	The Department will be promulgating a regulation to define proper testing and calibration of LIDAR System to be used by state police and automated enforcement systems.	Daniel Farley (717) 783-0333 Jeffrey Spotts (717) 787-5299
Permanent School Bus Stop Arm Cameras 67 Pa. Code Chapter not yet known	Spring 2020, as Proposed	This rulemaking will make temporary regulations permanent and establish a grant program authorized by Act 159 of 2018.	Kara N. Templeton (717) 787-2977 Jeffrey Spotts (717) 787-5299

[Pa.B. Doc. No. 19-1216. Filed for public inspection August 9, 2019, 9:00 a.m.]

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