NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[53 Pa.B. 3905]
[Saturday, July 22, 2023]

 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 15, 2023. 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	Summer 2023, 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.	Steven Horner, Deputy Secretary (717) 425-5065
Department of Agriculture
Agricultural Conservation Easement Purchase Program 7 Pa. Code Chapter 138e (# 2-192)	Expected publication proposed Q1, 2023	The regulation will revise the regulation 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.	Stephanie Zimmerman (717) 705-7796
Milk Sanitation 7 Pa. Code Chapter 59a (# 2-194)	Expected publication on proposed Q1, 2023	The regulation will: 1) accomplish a ''housekeeping'' update to the technical Milk Sanitation regulations; 2) allow for the lawful production and sale of raw milk butter; and 3) lower the maximum permissible somatic cell count for milk.	Sheri Morris (717) 787-4315
Pesticide Rules and Regulations 7 Pa. Code Chapter 128	Expected publication proposed Q4, 2023 or Q1, 2024	The current regulation is being revised to: 1) meet the updated Federal EPA Pesticide Certification Rule as required by EPA; 2) add clarifying language where needed; and 3) add/remove certain regulatory requirements to accommodate pesticide use needs in the Commonwealth.	Jessica Lenker (717) 772-5212
Department of Banking and Securities (DOBS)
Amendment of regulations at 10 Pa. Code Part VII. Securities	Fall 2023, as Proposed	This rulemaking would add annual continuing education for investment adviser representatives and an Examination Validity Extension Program for investment adviser representatives.	Stefanie Hamilton (717) 787-1471
Department of Conservation and Natural Resources (DCNR)
Conservation of Pennsylvania Native Wild Plants 17 Pa. Code Chapter 45	Summer 2023, as Final	Pursuant to section 5307(c) of the Wild Resource Conservation Act (32 P.S. § 5307(c)) and sections 305(a)(9) and 313(g) of the Conservation and Natural Resources Act (71 P.S. §§ 1340.305(a)(9) and 1340.313(g)), the regulation updates existing regulatory classification lists of Pennsylvania native wild plant species, including certain scientific names, common names and reference sources.	Rebecca Bowen (717) 772-0258 Lisa Maiorana (717) 783-0139
Prescribed Burning Practices Act, Act of July 17, 2009, P.L. 76, No. 17 (32 P.S. § 425)	Fall 2024	DCNR and other agencies and organizations have been utilizing prescribed fires (controlled burns) on publicly-owned forests and grasslands in the Commonwealth since 2009. At this time, there is significant interest and need to expand the use of prescribed fire and allow its use to manage privately-owned lands in Pennsylvania. To do so safely, DCNR feels that it is necessary to establish some baseline regulations for the training and certification of prescribed burn managers and for the review and approval of prescribed burn plans.	Michael Kern (717) 783-7957
Department of Corrections (DOC)
Inmate Correspondence 37 Pa. Code § 93.2	Fall 2024	Inmate correspondence regulations are being revised to reflect new DOC procedures for processing mail. Preparation of proposed rulemaking package currently underway.	Tracey Tubbs (717) 728-7763
Inmate Visiting Privileges 37 Pa. Code § 93.3	Fall 2024	Inmate visiting privileges regulations are being revised to reflect DOC changes to its visiting policy. Preparation of proposed rulemaking package currently underway.	Tracey Tubbs (717) 728-7763
Purchase for Inmates by Family and Friends 37 Pa. Code § 93.4	Fall 2024	Purchase for inmates by family and friends regulations are being revised for clarification and to more accurately comport with current standards. Preparation of proposed rulemaking package currently underway.	Tracey Tubbs (717) 728-7763
Motivational Boot Camp 37 Pa. Code §§ 93.301— 93.308	Fall 2024	Motivational Boot Camp Regulations are being revised to correct statutory citations and reflect changes in procedures.	Tracey Tubbs (717) 728-7763
Department of Education (PDE)
Regulations of Special Education Services and Programs 22 Pa. Code Chapter 14	Fall 2023, 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 ''intellectually disabled'' or ''intellectual disabilities.'' The regulation is promulgated under the authority of Sections 1372 and 26-2603-B, of the Public School Code of 1949, as amended, (24 P.S. §§  13-1372 and 26-2603-B).	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 2023, 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 ''intellectually disabled'' or ''intellectual disabilities.'' The regulation is promulgated under the authority of Sections 1701-A—1732-A, 1749-A(b)(8), 1751-A, of the Public School Code of 1949, as amended, 24 P.S. §§ 17-1701-A—17-1732-A, 17-1749-A(b)(8), 17-1751-A and §§ 875-101—875-503 of the Early Intervention Services System Act, as amended, 11 P.S. §§ 875-101—875-503.	Carrie Rowe (717) 783-9807
Environmental Hearing Board (EHB)
Practice and Procedure 25 Pa. Code Chapter 1021 (# 106-14)	Submitted to IRRC and Legislative Committees as proposed rulemaking 6/6/2023. Final rulemaking expected in late 2023 or early 2024.	This rulemaking would amend the following Rules of Practice and Procedure for the Board: 25 Pa. Code § 1021.2 (Definitions); 25 Pa. Code § 1021.51 (Commencement, form and content of notice of appeal) to clarify who should receive notice of the filing of a notice of appeal; 25 Pa. Code § 1021.61 (Supersedeas) to address reopening the record; 25 Pa. Code § 1021.63 (Circumstances affecting grant or denial of supersedeas) to amend the section on likelihood of injury; 25 Pa. Code § 1021.81 (Intervention) to add a Comment; 25 Pa. Code § 1021.92 (Procedural motions) to clarify that all requests whether by motion or letter must be accompanied by a proposed order; 25 Pa. Code § 1021.94a (Summary judgment) to correct a typographical error; 25 Pa. Code § 1021.133 (Reopening of record) to address reopening the record after a supersedeas hearing; 25 Pa. Code §§ 1021.182—1021.191 (Attorneys fees and costs) to clarify the procedure for seeking costs and attorney fees in certain types of proceedings. The proposed rulemaking would also add a new rule at 25 Pa. Code § 1021.5 on Citations to Board decisions.	Maryanne Wesdock Senior Assistant Counsel (412) 565-5245
Department of Environmental Protection (DEP)
Noncoal Mining Clarifications and Corrections 25 Pa. Code Chapter 77 (# 7-554)	Quarter 3, 2023, Publication, as Final	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)	Sharon Hill (717) 787-6842 shill@pa.gov
Environmental Protection Performance Standards for Conventional Oil and Gas Operators 25 Pa. Code Chapter 78 (# 7-539)	Quarter 4, 2023, 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
Waste Management and Related Issues at Conventional Oil and Gas Well Sites 25 Pa. Code Chapter 78 (# 7-540)	Quarter 1, 2024, EQB Consideration, as Proposed	This proposed rulemaking relates primarily to the proper management of waste generated at conventional oil and gas well sites. The purpose of this regulation is to update the performance standards for surface activities at conventional well sites to ensure that these activities are conducted in a manner that protects the health, safety, and environment and property of Pennsylvania's residents.	Kurt Klapkowski (717) 772-2199 kklapkowsk@pa.gov
Annual Fee for Unconventional Operations 25 Pa. Code Chapter 78a (# 7-573)	Quarter 4, 2023, EQB Consideration, as Proposed	This rulemaking proposes to establish an annual fee for unconventional operations. The annual fee will provide a stable source of funding through FY 2027-2028. (2012 Oil and Gas Act, Clean Streams Law, Dam Safety and Encroachments Act, Solid Waste Management Act)	Kurt Klapkowski (717) 772-2199 kklapkowsk@pa.gov
Administration of the Land Recycling Program Vanadium MSC 25 Pa. Code Chapter 250 (# 7-572)	Quarter 3, 2023, EQB Consideration, as Final	The rulemaking proposes to amend 25 Pa. Code Chapter 250 to update the toxicity value and medium specific concentrations (MSCs) established under the Statewide health standard for vanadium 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. This rule will focus on updates to the vanadium toxicity value and updates to the vanadium soil and groundwater MSCs. 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)	Mike Maddigan (717) 772-3609 mmaddigan@pa.gov
Administration of the Land Recycling Program 25 Pa. Code Chapter 250 (# 7-575)	Quarter 3, 2023, 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. This rule will focus on updates to the models used to calculate the MSCs for lead in soil and potential changes to how the MSCs for PAH's are calculated. These regulations identify the formulas DEP must use to calculate MSCs and the sources of the toxicological information. This rulemaking also proposes to clarify administrative elements of Chapter 250. 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)	Mike Maddigan (717) 772-3609 mmaddigan@pa.gov
Radiation Safety Requirements for Non-Healing Arts Radiation Generating Devices 25 Pa. Code Chapters 227 and 228 (# 7-555)	Quarter 3, 2023, Publication, as Final	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 Sewage Facilities Program 25 Pa. Code Chapters 71—73 (# 7-570)	Quarter 2, 2024, EQB Consideration, as Proposed	This rulemaking proposes to update 25 Pa. Code Chapters 71, 72 and 73 to implement recent amendments to the Pennsylvania Sewage Facilities Act made by Act 26 of 2017 and Act 34 of 2020, and to address a number of other issues in these regulations, which were last revised significantly in 1997. The regulatory revisions in this proposed rulemaking will include site suitability criteria for sites with shallow soils, which will provide additional opportunities for new land development in a manner that provides safe, effective long-term sewage disposal. This proposed rulemaking will also include other regulatory revisions and updates to ensure that the planning, permitting, operation, and maintenance of sewage facilities sufficiently protect public health and safety, the waters of the Commonwealth, and property values. (Pennsylvania Clean Streams Law, Pennsylvania Sewage Facilities Act)	Jay Patel (717) 783-2283 jaypatel@pa.gov
Water Quality Standards for Site-Specific Criteria for Methylmercury and Clarifications to the Process for Developing Site-Specific Criteria 25 Pa. Code Chapter 93 (# 7-571)	Quarter 3, 2023, EQB Consideration, as Proposed	This rulemaking proposes to update 25 Pa. Code Chapter 93 with site-specific water quality criteria for methylmercury for unnamed tributary to Ebaughs Creek located in York County. In addition, proposed updates will revise provisions to allow for a more efficient regulatory review process to incorporate site-specific criteria into the water quality standards in 25 Pa. Code Chapter 93, which would allow site-specific criteria to be incorporated into National Pollutant Discharge Elimination System (NPDES) permits more quickly. (Pennsylvania Clean Streams Law, Federal Clean Water Act)	Josh Lookenbill (717) 783-2959 mlookenbil@pa.gov
Water Quality Standards— Triennial Review of Water Quality Standards and Updates to Toxics Management Strategy— Statement of Policy 25 Pa. Code Chapters 93 and 16 (# 7-577 and # 7-582)	Quarter 3, 2023, EQB Consideration, as Proposed	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 131.20)	Josh Lookenbill (717) 783-2959 mlookenbil@pa.gov
Water Quality Standards— Class A Stream Redesignations 25 Pa. Code Chapter 93 (# 7-583)	Quarter 4, 2023, EQB Consideration, as Proposed	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)	Josh Lookenbill (717) 783-2959 mlookenbil@pa.gov
Water Quality Criteria— Copper Biotic Ligand Model 25 Pa. Code Chapter 93 (# 7-584)	Quarter 4, 2023, EQB Consideration, as Proposed	This rulemaking proposes to establish updated copper water quality criteria for the protection of aquatic life, replacing the current hardness-based water quality criteria with the biotic ligand model currently used for the development of site-specific criteria for copper in freshwater systems. (Pennsylvania Clean Streams Law, Federal Clean Water Act)	Josh Lookenbill (717) 783-2959 mlookenbil@pa.gov
Notification Requirements for Unauthorized Discharges to Waters of the Commonwealth 25 Pa. Code Chapter 93 (# 7-585)	Quarter 1, 2024, EQB Consideration, as Proposed	This rulemaking proposes to clarify the immediate notification requirements for unauthorized discharges of a substance that would cause or threaten pollution to waters of the Commonwealth, endanger downstream users or damage property. (Pennsylvania Clean Streams Law)	Manyi Liu (717) 787-5017 maliu@pa.gov
MAX Delisting 25 Pa. Code Chapter 261a (# 7-566)	Quarter 3, 2023, EQB Consideration, as Final	This rulemaking proposes to amend 25 Pa. Code Chapter 261a to exclude the wastewater sludge generated from the treatment disposal impoundment and landfill leachate and contact stormwater at the MAX Environmental Technologies, Inc. Bulger and Yukon facilities from the list of hazardous wastes under the Resource Conservation and Recovery Act of 1976 (RCRA) and Solid Waste Management Act and their implementing regulations. The regulatory changes in this rulemaking, once promulgated, will codify delisting the wastewater sludge from the Bulger and Yukon Facilities as a hazardous waste. (Solid Waste Management Act, Resource Conservation and Recovery Act)	Tom Mellott (717) 783-3390 mtmellott@pa.gov
Revisions to the Nutrient Management Regulations 25 Pa. Code Chapter 83, Subchapters D and E (# 7-581)	Summer 2023, SCC Consideration, as Proposed	The State Conservation Commission proposes to revise the nutrient management regulations to more effectively address nutrient losses from concentrated animal operations and farms which receive manure from those operations. The proposed revisions to these regulations include incorporating advances in nutrient management knowledge and technology, as well as updating provisions on the protection of water quality regarding nutrient management. (Conservation District Law, Nutrient Management Act, Conservation and Natural Resources Act)	Frank Schneider (717) 705-3895 fschneider@pa.gov
Department of Health (DOH)
Certified Lifeguards 28 Pa. Code § 18.42	August 2023, as Final-Form	The Public Bathing Law authorizes the Department to develop regulations related to lifeguards. The Department is proposing to amend existing regulations for certified lifeguards to remove all named lifeguard certifying authorities. The proposed rulemaking was published in the Pennsylvania Bulletin on June 25, 2022.	Neil Mahalingam (717) 783-2500 Melisa Rader (717) 787-4366 Richard Pugh (717) 736-7393
Communicable and Noncommunicable Diseases 28 Pa. Code Chapter 27	January 2024, as Proposed	The Department is proposing to update the list of diseases, conditions and infections, to update the requirements for reporting diseases, conditions and infections, and to update the regulations generally to align with national standards and to improve disease surveillance, investigation and response.	Neil Mahalingam (717) 783-2500 Mason Myers (717) 783-2500 Kirsten Waller (717) 787-3350 Sharon Watkins (717) 787-3350
Clean Indoor Air Act (CIAA)	October 2023, as Proposed	Regulations are needed to further clarify and define the CIAA (35 P.S. §§ 637.1 et seq.). Such regulations would result in more consistent implementation of the CIAA and additional clarity for establishments that apply for an exception to the CIAA.	Anna LeMano (717) 783-2500 Will Sunday (717) 783-6600
Department of Human Services (DHS)
Psychiatric Rehabilitation Services 55 Pa. Code Chapter 5231	Winter 2024, as Final-Form	This regulation will expand psychiatric rehabilitation services to individuals 14 years of age or older, but under 18 years of age, who meet admission requirements and individuals diagnosed with posttraumatic stress disorder, attention deficit hyperactivity disorder or anxiety disorders and amend outdated language throughout.	Ana Arcs (717) 409-3653
Covered Outpatient Drugs 55 Pa. Code Chapters 1101, 1121, 1141, 1142 and 1144	Summer 2023, as Proposed	This regulation includes technical amendments to Title 55 of the Pennsylvania Code, Chapters 1101, 1121, 1141, 1142 and 1144. In addition to the technical amendments, the payment methodology for covered outpatient drugs has been amended in Chapter 1121 to comply with the Covered Outpatient Drugs final rule issued by the Centers for Medicare & Medicaid Services.	Ana Arcs (717) 409-3653
Chapter 1101 Scope and Copayment 55 Pa. Code Chapter 1101	Winter 2024, as Proposed	This regulation revises Title 55 of the Pennsylvania Code, Chapter 1101 to amend the scope and copayment sections to reflect changes made to the Medical Assistance Program resulting from Medicaid Expansion.	Ana Arcs (717) 409-3653
Payment for Certified Registered Nurse Anesthetists 55 Pa. Code Chapter 1150	Winter 2024, as Proposed	This regulation revises Title 55 of the Pennsylvania Code, Chapter 1150, to recognize and provide direct payment to certified registered nurse anesthetists who are enrolled in the Medical Assistance Program when in compliance with State Board of Nursing regulations at Title 49 of the Pennsylvania Code, Section 21.17 (relating to anesthesia).	Ana Arcs (717) 409-3653
Non-Physician Prescriber for Home Health Services 55 Pa. Code Chapters 1123 and 1249	Summer 2024, as Proposed	This regulation revises Title 55 of the Pennsylvania Code, Chapters 1123 and 1249, to add Medical Assistance enrolled non-physician practitioners, allowed under State and Federal regulations, to the provider types who can prescribe home health services, durable medical equipment and medical supplies.	Ana Arcs (717) 409-3653
Storage and Use of Medical Marijuana in Facilities 55 Pa. Code Chapters 3270, 3280, 3290, 3700, 3800, 5310, 6400 and 6600	Fall 2023, as Proposed	This regulation will amend Chapters 3270, 3280, 3290, 3700, 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 by children and employees in childcare centers or other social services centers.	Ana Arcs (717) 409-3653
Protective Services for Adults 55 Pa. Code Chapter 15	Winter 2025, as Final-Form	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.	Ana Arcs (717) 409-3653
Crisis Intervention Services 55 Pa. Code Chapter 5250	Winter 2024, as Proposed	This regulation codifies the minimum standards for the issuance of licenses to provide behavioral health crisis intervention services in the Commonwealth.	Ana Arcs (717) 409-3653
Crisis Intervention Services 55 Pa. Code Chapter 1350	Winter 2024, as Proposed	This regulation establishes the conditions for MA payment of crisis intervention services.	Ana Arcs (717) 409-3653
Children with Developmental Disabilities due to a Medically Complex Condition 55 Pa. Code Chapters 3800 and 6400	Fall 2023, as Proposed	This regulation clarifies that community homes licensed under Chapter 6400 may serve children with a developmental disability due to a medically complex condition.	Ana Arcs (717) 409-3653
Administration of County Children and Youth Social Service Programs 55 Pa. Code Chapter 3130	Fall 2023, as Proposed	This regulation will replace Chapter 3130 to align with current practice models and support implementation of improvements consistent with the Child and Family Services Review findings and amendments to State and Federal laws.	Ana Arcs (717) 409-3653
Child Residential and Day Treatment Facilities 55 Pa. Code Chapter 3800	Fall 2023, as Proposed	Chapter 3800 will be rescinded and replaced with four regulatory chapters that are program specific to populations being served. Chapter 3802—Child Residential Facilities; Chapter 3830—Secure Care and Secure Detention Facilities for Youth; Chapter 3840—Transitional Living Settings for Youth; Chapter 3820—Day Treatment. The new regulatory chapters will update programmatic requirements incorporating the Family First Prevention Services Act.	Ana Arcs (717) 409-3653
Psychiatric Residential Treatment Facilities 55 Pa. Code Chapters 1330, 3800 and 5330	Fall 2023, as Proposed	This regulation will provide foundational standards to meet the complex mental health needs of children, youth and young adults receiving services in psychiatric residential treatment facilities. Specifically, the proposed rulemaking will codify the minimum licensing standards, Medical Assistance (MA) participation requirements and MA payment conditions for RTFs that are currently licensed and certified by the Department.	Ana Arcs (717) 409-3653
Subsidized Child Care Eligibility 55 Pa. Code Chapters 3041 and 3042	Fall 2023, as Final-Form	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.	Ana Arcs (717) 409-3653
Child Care Regulations 55 Pa. Code Chapters 3310 and 3320	Fall 2023, as Proposed	These regulations will update and modernize the child care requirements by consolidating the three existing chapters of 55 Pa. Code 3270, 3280 and 3290 into two new chapters.	Ana Arcs (717) 409-3653
County Mental Health and Intellectual Disability Fiscal Manual 55 Pa. Code Chapter 4300	Winter 2023, as Proposed	This regulation will be amended to add the requirement that counties receiving State and/or Federal funds for services from DHS are required to submit requested reports and data or counties may receive financial penalties until all reports and data are provided.	Ana Arcs (717) 409-3653
Intermediate Care Facilities For Individuals With An Intellectual Disability 55 Pa. Code Chapter 6600	Fall 2023, as Proposed	This regulation will be amended to add definitions, individual rights and incident management requirements to increase protections for individuals and reduce inefficiencies by aligning requirements between intermediate care facilities and home and community-based service settings.	Ana Arcs (717) 409-3653
Restitution and Reimbursement	Winter 2023, as Proposed	This regulation updates the restitution provision of Chapter 255 to align State penalties for intentional program violations with Federal policy. The proposed regulation also adds Medical Assistance recipients to the intentional program violation provisions.	Ana Arcs (717) 409-3653
Confidentiality of Records 55 Pa. Code Chapter 5100	Winter 2024, as Proposed	This regulation amends Chapter 5100 to be consistent with the HIPAA regulations for confidentiality of records and Act 32 of 2022.	Ana Arcs (717) 409-3653
Nursing Facility Reimbursement 55 Pa. Code Chapters 1187 and 1189	Fall 2025	This proposed regulation will meet new Centers for Medicare & Medicaid Services requirements for Nursing Facility per diem reimbursement. The current rate setting methodology will no longer be supported by CMS. This regulation will amend Chapters 1187 and 1189 to a new methodology that meets CMS requirements.	Ana Arcs (717) 409-3653
Pennsylvania Insurance Department (PID)
Producer Licensing Modernization Regulatory Updates	Summer 2023, as Proposed	Repeal outdated regulations and replace with a new chapter implementing sections 601-A—699.1-A of the Insurance Department Act of 1921 (40 P.S. §§ 310.1—310.99a), which will set forth requirements and standards for insurance producers in this Commonwealth.	Eric Carlisle Regulatory Coordinator (717) 346-5628
Health Insurer Applications, Collecting Data for Race and Ethnicity	Summer 2023, as Final	Modify Chapter 89 to permit insurers to collect race and ethnicity data on applications to promote equity initiatives.	Eric Carlisle Regulatory Coordinator (717) 346-5628
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	Winter 2023, 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
Bureau of Workers' Compensation Title 34, Chapter 123 Subchapter B. Impairment Ratings	Fall 2023, as Final-Form	Update regulations to reflect new statutory provisions and changes to the IRE process enacted by Act 111 of 2018.	Marianne Saylor (717) 886-9001
Uniform Construction Code Regulations Title 34, Part I, Chapter 405 Bureau of Occupational and Industrial Safety	Winter 2023, 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) 783-6304
Sign Language Interpreter and Transliterator State Registration Act Title 34, Part XV, Chapter 501 Office of Deaf and Hard of Hearing	Fall 2023, as Proposed	Update regulations related to registration and examination of sign language interpreters.	Melissa Hawkins (717) 783-4912
UCBR—Title 34, Chapter 101 (relating to the manner in which hearings shall be conducted and appeals filed)	Spring 2024	Update regulation based on implementation of the new UC Claims System, amendments to the UC statute and potential for virtual hearings.	Brian Parr (717) 787-4857
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 2023, 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.	Dawn Sokol (814) 871-4401
Department of Military and Veterans Affairs (DMVA)
Bureau of Veterans' Affairs 43 Pa. Code Chapter 5	Fall 2023, 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 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.	Ed Cherry (717) 861-8503
Veterans' Homes Regulations 43 Pa. Code Chapter 7	Spring 2024, 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.	Ed Cherry (717) 861-8503
Fort Indiantown Gap 43 Pa. Code (new Chapter)	Spring 2024, 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.).	Ed Cherry (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)	Fall 2023, 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 Travis Messenger (717) 705-0843
Administration of Law Enforcement Background Investigations and Employment Information Act 57 of 2020 (# 17-87)	Fall 2023, as Proposed Temporary rulemaking published in the Pennsylvania Bulletin on March 6, 2021.	Act 57 of 2020 (P.L. 613, July 14, 2020, No. 57) established the requirement for background investigations and employment information for law enforcement officers. Duties conveyed to the Municipal Police Officers' Education and Training Commission include to establish and maintain an electronic database containing separation records of law enforcement officers; establish minimum background investigation standards; and promulgate regulations.	Sergeant Travis Messenger (717) 705-0843
Administration of Mental Health Evaluations for Law Enforcement Officers Act 59 of 2020 (# 17-88)	Fall 2023, as Proposed Temporary rulemaking published in the Pennsylvania Bulletin on March 20, 2021.	Act 59 of 2020 (P.L. 624, July 14, 2020, No. 59) established the requirement for mandatory mental health evaluations for law enforcement officers. Duties conveyed to the Municipal Police Officers' Education and Training Commission include to establish procedures for confidentiality of mental health evaluations and related records; other procedures as necessary; and promulgate regulations.	Sergeant Travis Messenger (717) 705-0843
Pennsylvania Commission on Crime and Delinquency (PCCD)
Sheriffs' and Deputy Sheriffs' Education and Training Program 37 Pa. Code Chapter 421	2023, as Proposed	The Sheriffs' and 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 the Board) due to statutory changes in Act 114 of 2014 (Act of Jul. 9, 2014, P.L. 1006, No. 114).	Mike Pennington (717) 265-8461 Debra Sandifer (717) 265-8517
County Probation and Parole Officers' Firearm Education and Training Commission 37 Pa. Code Chapter 79	2023, as Proposed	The County Adult Probation and Parole Advisory Committee (CAPPAC), an advisory committee within the Commission on Crime and Delinquency, plans to transfer and amend the regulations at 37 Pa. Code Chapter 79 to a newly created 37 Pa. Code Chapter 491 due to statutory changes in Act 115 of 2019 (Act of Dec. 18, 2019, P.L. 776, No. 115).	Mike Pennington (717) 265-8461 Debra Sandifer (717) 265-8517
Constables' Education and Training Board 37 Pa. Code Chapter 431	2023, as Proposed	The Constables' Education and Training Board, an advisory board within the Commission on Crime and Delinquency, plans to amend the regulations at 37 Pa. Code Chapter 431 (relating to Constables' Education and Training Board) to update policies and procedures.	Mike Pennington (717) 265-8461 Debra Sandifer (717) 265-8517
Crime Victims Compensation 37 Pa. Code Chapter 411	2023, as Proposed	The Victims Services Advisory Committee, an advisory board within the Commission on Crime and Delinquency, plans to amend the regulations at 37 Pa. Code Chapter 411 (relating to Crime Victims Compensation) to update policies and procedures to reflect statutory changes in Act 77 of 2022 (Act of Jul. 11, 2022, P.L. 775, No. 77).	Mike Pennington (717) 265-8461 Debra Sandifer (717) 265-8517
Pennsylvania Infrastructure Investment Authority (PENNVEST)
Pennsylvania Infrastructure Investment Authority (PENNVEST) Assistance and Clean Water State Revolving Fund 25 Pa. Code Sections 963.1—963.20, including inter alia: 963.12(a) 963.13(c) 963.13(e) 963.15(a) 963.15(c) 963.16 963.18(c) 963.20	Summer/Fall 2023, as Proposed The PENNVEST Board voted to approve the proposed rulemaking on January 29, 2020.	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, the Federal Water Resources Reform and Development Act of 2014, the Water Infrastructure Improvements for the Nations Act of 2016, the Infrastructure Investment and Jobs Act of 2021 and guidance revisions implemented by the Department of Environmental Protection, to reflect updates to business practices, 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) Amend 25 Pa. Code § 963.12(a)(1) by revising the section to provide for the eligibility of certain interior plumbing costs. (2) Delete 25 Pa. Code § 963.12(a)(3) and § 963.12(c)(3) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the purchase of land that qualify as eligible costs under § 963.11(a)(4). (3) 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. (4) 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 of principal and interest on the 60th month. (5) Delete 25 Pa. Code § 963.13(e) requiring PENNVEST to set aside 10% of the available finance assistance for advance funding assistance due to a lack of demand. (6) 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. (7) 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. (8) 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 application cut-off date for the next regularly scheduled PENNVEST Board meeting.	Shawn W. Weis (717) 783-6776
		(9) Amend 25 Pa. Code § 963.16 to provide the parameters of a loan or bond guarantee program to be provided by PENNVEST. (10) Amend 25 Pa. Code § 963.18(c)(2)(iii) to increase the threshold for PENNVEST's prior written approval of change orders from $25,000 or 2 percent of the amount of the project's construction cost, whichever is less, to $50,000. (11) Delete 25 Pa. Code § 963.20 eliminating the requirement for a second opinion project review for projects in excess of $10M.
Pennsylvania State Police (PSP)
Purchase and Possession of Partially-Manufactured Frame or Receiver for Pistol or Rifle 37 Pa. Code (new Chapter) (# 17-89)	Fall 2023, as Proposed	Title 18 Pa.C.S. § 6111.1 requires the Pennsylvania State Police to administer the provisions of the Uniform Firearms Act. The Office of Attorney General, Official Opinion 2019-3, 49 Pa.B. 7659 (December 28, 2019), establishes a partially- manufactured frame or receiver for a pistol or rifle as a firearm as defined within the Uniform Firearms Act. The purpose of the proposed rulemaking is to ensure clear guidance is given to licensees/sheriffs and the public in processing the sale/transfer and possession of a partially-manufactured frame or receiver for a pistol or rifle.	Sergeant Travis Messenger (717) 705-0843
Department of Revenue (DOR)
Amendments to Local Option Small Games of Chance (SGOC) 61 Pa. Code Chapter 901a	October 2023, 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	March 2024, as Proposed	Amendments to the RTT regulations are being proposed to improve the clarity and effectiveness of the regulations. The proposed amendments will be consistent with Department policy and language in the RTT statute.	John Brenner (717) 705-3906
Corporate Net Income Tax 61 Pa. Code § 153.26a (Proposed Rulemaking) Sales factor sourcing sales of services	March 2024, as Proposed	Under the authority contained in section 6 of the Fiscal Code (72 P.S. § 6) and section 401 of the TRC (72 P.S. § 7401(3)), the Department proposes the addition of § 153.26a (relating to sales factor sourcing sales of services). Act 52 of 2013 enacted a revised methodology for sourcing revenue from sales of services in the computation of CNIT. The proposed rulemaking will establish the processes for sourcing service income and the apportionment of taxpayers' business income to this Commonwealth and ensure that all taxpayers implement uniform methods for sourcing their sales of services to this Commonwealth. Informal public outreach was conducted October/November 2020.	Jack Frehafer (717) 623-2695
Corporate Net Income Tax 61 Pa. Code Chapter 153 (Proposed Rulemaking) Business income and nonbusiness income	October 2023, as Proposed	Under the authority contained in section 6 of Fiscal Code (72 P.S. §  6) and section 401 of the TRC (72 P.S. § 7401(3)), the Department is proposing amendments to the CNIT regulations by adding section 153.24a (relating to business and nonbusiness income) due to legislative changes and further development of the Unitary Business Principle of the United States Constitution in case law. Informal public outreach was conducted January/February 2020.	Michael Vadner (717) 346-4640
Personal Income Tax 61 Pa. Code §§ 5.1 et. seq. (Proposed Rulemaking)— Amendments (Payment by Electronic Funds Transfer) Payment Methods for Obligations Due the Commonwealth	October 2023, as Proposed	Under the authority contained in section 9 of The Fiscal Code (72 P.S. § 9), the Department and Treasury jointly propose amendments to Chapter 5, Payment Methods for Obligations Due the Commonwealth. The proposed rulemaking will be adding additional tax types such as 1099-Miscellaneous Withholding, Alternative Fuels Tax, Cigarette Tax, Consumer Fireworks Tax, Pari-Mutuel Tax, Public Transportation Assistance Taxes and Fees, Tavern Games Tax, Tobacco Products Tax, Unstampable Little Cigar Tax, Vehicle Rental Tax, Wine Excise Tax, the addition of credit/debit as an acceptable form of electronic payment and remove any reference to a specific address for the delivery of certified or cashier's checks. Informal public outreach was conducted July/August 2022.	John Brenner (717) 705-3906
Department of State (DOS)
State Board of Accountancy
Licensure by Endorsement 49 Pa. Code §§ 11.5a and 11.5b (# 16A-5517)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.
General Revisions 49 Pa. Code §§ 11.16, 11.23a, 11.56, 11.57, 11.82 and 11.84—11.87 (# 16A-5519)	Winter 2023, as Proposed	First, this proposed rulemaking is a general update of the Board's regulations to comply with the Act 110 of 2022 amendments to the CPA Law relating to examinations, education requirements, verification of experience and peer review, as well as the Act 100 of 2021 requirements regarding virtual supervision. Second, this rulemaking provides a CPE ''safe harbor'' for licensees supervising attest services; require licensees supervising, signing or authorizing another to sign an accountant's report for attest services to comply with the competency requirements; and fix a typographical error. Third, the rulemaking amends the Board's regulations to implement continuous testing of the CPA Exam. Currently, section 11.16(a) of the Accountancy regulations states that the CPA examination will be administered within specific testing windows within of each quarter of every year. As of July 1, 2020, Prometric, the testing administrator for the Uniform CPA Examination, began administering the CPA Exam throughout the year, without testing windows. This proposed rulemaking would amend section 11.16(a) by eliminating testing windows. Section 11.16(a) would also be amended so that CPA test takers would not have to wait until the next quarter to retake a failed section of the CPA Exam. Statutory Authority: Section 3(a)(12) of the CPA Law (63 P.S. § 9.3(a)(12)) authorizes the Board to promulgate and enforce regulations as are necessary and proper to carry into effect the provisions of the CPA Law. The proposed rulemaking includes subject matter from two previously-identified rulemakings, namely, 16A-5516 (Competence to Supervise Attest Services) and 16A-5518 (Continuous Testing CPA Exam), which were combined into a unitary general revisions rulemaking in order to best address the amendments to the CPA Law as well as Uniform Accountancy Act (UAA) Model Rule changes recently announced by the National Association of State Boards of Accountancy (NASBA).
State Architects Licensure Board
Licensure by Endorsement 49 Pa. Code Chapter 9 (# 16A-4120)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Jessica Harris (717) 783-3397
Rolling Clock Removal 49 Pa. Code §§ 9.41a and 9.46 (# 16A-4121)	Fall 2023, as Proposed	This regulation removes the rolling clock requirement which places a 5-year expiration date on passed divisions of the Architect Registration Examination (ARE), thereby aligning the Board's requirements with those of the National Council of Architectural Registration Boards (NCARB) and most other states.	Jessica Harris (717) 783-3397
State Board of Auctioneer Examiners
Act 88 Amendments 49 Pa. Code Chapter 1 (# 16A-6410)	Fall 2023, as Proposed	The act of July 20, 2016 (P.L. 789, No. 88) (Act 88 of 2016) amended the Auctioneer Licensing and Trading Assistant Registration Act by updating its provisions, eliminating auction house licenses, and creating a registration for trading assistant companies. It also redefined terms, altered qualifications for auctioneers to include a combination of education and apprenticeship. This proposed rulemaking is needed to fully implement Act 88 of 2016. The Board has drafted the proposed rulemaking and anticipates consideration of same at an upcoming public meeting (remaining meetings in 2023 are scheduled for July 10, September 11 and November 13, 2023).	Terrie Kocher (717) 783-3397
Licensure by Endorsement 49 Pa. Code §§ 1.3, 1.27 and 1.28 (# 16A-6412)	Fall 2023, as Final	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Final-form rulemaking was approved by the Board at its May 8, 2023 public meeting, and is expected to be delivered by Fall 2023.	Terrie Kocher (717) 783-3397
State Board of Barber Examiners
General Revisions 49 Pa. Code Chapter 3 (# 16A-429)	Winter 2023, as Proposed	The proposed rulemaking would update the Board's regulations to delete obsolete provisions and outdated terminology. It would also update the regulations to make them consistent with the Barber License Law and current practices of the Board and its licensees.	Sharona Evans (717) 772-8538
Licensure by Endorsement 49 Pa. Code §§ 3.16 and 3.17 (# 16A-4212)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Sharona Evans (717) 772-8538
State Board of Chiropractic
Volunteer License 49 Pa. Code § 5.20 (# 16A-4321)	Winter 2023, as Final-Omitted	This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act (Acts 86 of 2014, 29 of 2007 and 58 of 2002). Statutory Authority: Section 5 of the Volunteer Health Services Act, 35 P.S. § 449.45, requires each enumerated licensing board to promulgate regulations governing the volunteer license category.	Shakeena Chappelle (717) 214-5702
Child Abuse Reporting Requirements 49 Pa. Code §§ 5.91—5.96 (# 16A-4322)	Summer 2023, as Final	This regulation updates 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 Chiropractic obtain required training in child abuse recognition and reporting. The proposed rulemaking was published in the Pennsylvania Bulletin on November 5, 2022. No comments were received from the public, IRRC, or either legislative standing committee. The final-form rulemaking is expected to be delivered Summer 2023.	Shakeena Chappelle (717) 214-5702
General Revisions 49 Pa. Code Chapter 5 (# 16A-4328)	Spring 2023, as Proposed	This proposed rulemaking would update the Board's regulations to include provisions related to government employee liability coverage and sexual misconduct.	Shakeena Chappelle (717) 214-5702
Licensure by Endorsement 49 Pa. Code §§ 5.1, 5.11a, 5.13a and 5.13b (# 16A-4334)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. The Board is drafting the proposed regulatory package.	Shakeena Chappelle (717) 214-5702
Schedule of Fees 49 Pa. Code § 5.6 (# 16A-4335)	Summer 2023, 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 1101 of the Chiropractic Practice Act (63 P.S. § 625.1101). The proposed regulatory package has been prepared and is currently undergoing the necessary internal review required by Executive Order 1996-1.	Shakeena Chappelle (717) 214-5702
Commissioner of Professional and Occupational Affairs
Consideration of Criminal Convictions 49 Pa. Code Chapter 43b, Subchapters C and E, §§ 43b.201 and 43b.401—43b.531 (# 16A-66)	Spring 2024, as Final	This proposed rulemaking is required to implement provisions of the act of July 1, 2020 (P.L. 545, No. 53), relating to the consideration of criminal history record information by licensing boards and commissions under the Bureau of Professional and Occupational Affairs, including schedules of criminal convictions that may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit for each occupation or profession regulated by the various boards/commissions. Statutory Authority: Section 3117 of the act of July 1, 2020 (63 Pa.C.S. § 3117) requires the Commissioner to promulgate a regulation codifying the schedules of criminal offenses within two years. The proposed rulemaking was published in the Pennsylvania Bulletin on November 19, 2022. The Commissioner will review comments and meet with each licensing board to begin drafting the final-form regulation in 2023.	Cynthia Montgomery (717) 783-7200
Bureau of Notaries, Commissions & Legislation
Notaries Public 4 Pa. Code Part VIII, Subpart C (# 16-61)	Winter 2023, as Proposed	The rulemaking implements the act of October 9, 2013 (P.L. 609, No. 73), which adopted the Revised Uniform Law on Notarial Acts (RULONA).	Martha Brown (717) 783-0736
State Board of Cosmetology
Schedule of Civil Penalties 49 Pa. Code § 43b.5 (# 16A-4517)	Winter 2023, as Proposed	This proposed rulemaking would amend the schedule of civil penalties for the State Board of Cosmetology promulgated by the Commissioner of Professional and Occupational Affairs under the authority of the act of July 2, 1993 (P.L. 345, No. 48) (Act 48). The State Board of Cosmetology (Board) has participated in the Act 48 citation program from its inception in 1996 and has not increased the amounts in the schedule of civil penalties since they were originally promulgated. The Board believes that it is necessary to increase the civil penalties in order to improve their deterrent effect.	Val Eaton (717) 783-3402
Massage Therapists in Cosmetology or Esthetician Salons 49 Pa. Code Chapter 7 (# 16A-4518)	Winter 2023, as Proposed	The proposed rulemaking implements part of the Act 136 of 2014 (P.L. 2476, No. 136), which allows massage therapists to practice within the licensed square footage of cosmetology or esthetician salons and requires the Board and the State Board of Massage Therapy to jointly promulgate regulations to carry out these provisions. Statutory Authority: Sections 11 and 9.3 of the Act of May 3, 1933 (P.L. 242, No. 86), commonly referred to as the Beauty Culture Law, 63 P.S. §§ 517 and 515.3.	Val Eaton (717) 783-3402
Licensure by Endorsement 49 Pa. Code Chapter 7 (# 16A-4521)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Val Eaton (717) 783-3402
State Board of Crane Operators
Licensure by Endorsement 49 Pa. Code §§ 6.16 and 6.17 (# 16A-7104)	Winter 2023, as Final	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. The proposed rulemaking was published in the Pennsylvania Bulletin on April 2, 2022. The Board has drafted the final-form rulemaking package and will present same to the Governor's Office for review pursuant to Executive Order 1996-1; delivery expected by 4th Quarter 2023.	Jessica Harris (717) 783-1404
State Board of Dentistry
Anesthesia Update 49 Pa. Code §§ 33.3, 33.115a and 33.331—33.344 (# 16A-4621)	Winter 2023, as Proposed	The Board's current regulations relating to the administration of general anesthesia, deep sedation, conscious sedation and nitrous oxide/oxygen analgesia were promulgated in 2005. Noting that the standard of care has evolved since that time, the Board wishes to update the regulations to adopt more current standards and provide additional guidance to anesthesia permit holders. Statutory Authority: Sections 3(o) and 11.2 of the Dental Law (63 P.S. §§ 122(o) and 130c). Section 130c authorizes the Board to establish requirements relating to the use of general anesthesia, conscious sedation and nitrous oxide/oxygen analgesia. Section 3(o) provides the general authority of the Board ''to adopt, promulgate and enforce such rules and regulations as may be deemed necessary by the Board.''	Christina Townley (717) 783-4862
Volunteer License 49 Pa. Code § 33.110 (# 16A-4625)	Winter 2023, as Final-Omitted	This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act (Acts 86 of 2014, 29 of 2007 and 58 of 2002). Statutory Authority: Section 5 of the Volunteer Health Services Act, 35 P.S. § 449.45, requires each enumerated licensing board to promulgate regulations governing the volunteer license category.	Christina Townley (717) 783-4862
General Revisions 49 Pa. Code Chapter 33 (# 16A-4628)	Winter 2023, 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, EFDA program approval, 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 and temporary volunteer dental licenses.	Christina Townley (717) 783-4862
Schedule of Civil Penalties— Dentists, Dental Hygienists and EFDAs 49 Pa. Code § 43b.14a (# 16A-4630)	Winter 2023, as Proposed	This proposed regulation would amend the schedule of civil penalties for practicing on a lapsed license, permit or certificate and other violations of the Dental Law, including failure to complete continuing education. Statutory Authority: 63 Pa.C.S. § 3108 authorizes the Commissioner to set forth schedules of civil penalties.	Christina Townley (717) 783-4862
Licensure by Endorsement 49 Pa. Code §§ 33.107a and 107b (# 16A-4635)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Christina Townley (717) 783-4862
Opioid Prescribing and Education 49 Pa. Code Chapter 33 (# 16A-4637)	Winter 2023, as Proposed	The State Board of Dentistry proposes this rulemaking to set forth the minimum acceptable standards of practice that a dentist 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. The rulemaking will also amend the Board's regulations to conform to the requirements of the omnibus amendments to the Achieving Better Care By Monitoring All Prescriptions Program (ABC-MAP) Act found in Act 124 of 2016. This rulemaking will adopt the PA-Support curriculum developed under contract with the Bureau of Professional and Occupational Affairs to implement the ''safe prescription of a controlled substance containing an opioid'' curriculum required by Act 126 of 2016. Statutory Authority: 35 Pa.C.S. § 5102, requires the board to adopt the curriculum by joint regulation and § 5103.	Christina Townley (717) 783-4862
State Board of Funeral Directors
Licensure by Endorsement 49 Pa. Code § 13.77.1 (# 16A-4832)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	J. Leslie Warner (717) 214-7781
State Board of Landscape Architects
Schedule of Civil Penalties—Landscape Architects 49 Pa. Code Chapter 43b (# 16A-6120)	Winter 2023, as Proposed	This proposed regulation would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Statutory Authority: 63 Pa.C.S. § 3108 authorizes the Commissioner to set forth schedules of civil penalties.	Terri Kocher (717) 772-8528
Licensure by Endorsement 49 Pa. Code Chapter 15 (# 16A-6121)	Winter 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Terri Kocher (717) 772-8528
State Board of Massage Therapy
Child Abuse Reporting Requirements 49 Pa. Code Chapter 20 (# 16A-722)	Fall 2023, as Proposed	This regulation implements mandatory reporting requirements relating to 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 Massage Therapy obtain required training in child abuse recognition and reporting.	Paul Keller (717) 783-7155
General Revisions 49 Pa. Code §§ 20.1—20.54 (# 16A-725)	Winter 2023, as Proposed	This proposed rulemaking updates several provisions, including education, scope of practice, and examinations. Statutory Authority: Section 4(2) of the Massage Therapy Act, 63 P.S. § 627.4(2).	Paul Keller (717) 783-7155
Massage Therapists in Cosmetology or Esthetician Salons 49 Pa. Code Chapter 20 (# 16A-726)	Winter 2023, as Proposed	This proposed rulemaking enacts part of the act of September 24, 2014 (P.L. 2476, No. 136), which allows massage therapists to practice in cosmetology or esthetician salons. Statutory Authority: Act 136 requires the Board and the State Board of Cosmetology to jointly promulgate regulations implementing the new law; Section 4(2) of the Massage Therapy Law, 63 P.S. § 4(2), provides the Board's general authority to promulgate regulations. Preparation of proposed regulatory package completed; delivery of same to IRRC expected 3rd Quarter of 2023.	Paul Keller (717) 783-7155
Licensure by Endorsement 49 Pa. Code Chapter 20 (# 16A-727)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Paul Keller (717) 783-7155
Virtual Education 49 Pa. Code Chapter 20 (# 16A-728)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to allow for instruction of massage therapy students via a ''virtual platform,'' defined as a ''live-stream synchronous videoconferencing or similar virtual presence technology.'' This regulation implements the act of December 22, 2021 (P.L. 488, No.100) (Act 100 of 2021).	Paul Keller (717) 783-7155
Schedule of Fees 49 Pa. Code Chapter 20 (# 16A-729)	Spring 2024, 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 11 of the Massage Therapy Law (63 P.S. § 627.11).	Paul Keller (717) 783-7155
State Board of Medicine
Volunteer License 49 Pa. Code Chapter 16 (# 16A-4934)	Winter 2023, as Final-Omitted	This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act (Acts 86 of 2014, 29 of 2007 and 58 of 2002). Statutory Authority: Section 5 of the Volunteer Health Services Act, 35 P.S. § 449.45, requires each enumerated licensing board to promulgate regulations governing the volunteer license category.	Saiyad Ali (717) 783-4852
Status Change and Continued Competency 49 Pa. Code Chapter 16 (# 16A-4945)	Fall 2023, as Proposed	This regulation defines the status types of existing licensees (active, active-retired, inactive, expired), provides the scope of practice for the active-retired license type created by the MCARE Act, and provides specific authorization for the Board to require a competency evaluation following a period of inactive practice. The regulation further replaces the term ''registration'' with ''renewal'' to reflect the ministerial act the Board performs upon a licensee's application at or near the time of license expiration.	Saiyad Ali (717) 783-4852
Fees 18 Pa. Code § 16.13 (# 16A-4951)	Winter 2023, as Proposed	The rulemaking would update the fees for initial applications and reduce the biennial renewal fees of the State Board of Medicine to reflect recent analysis by the budget office of Board finances and fee-for-service costs.	Saiyad Ali (717) 783-4852
Registration of Naturopathic Doctors 49 Pa. Code Chapter 18 (# 16A-4953)	Fall 2023, as Final	The final 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 regulation establishes fees, registration requirements, continuing education requirements, standards of practice, required records, advertising, grounds for discipline and types of discipline. The proposed regulation was published in the Pennsylvania Bulletin on December 18, 2022. Thereafter, the Board published an advance notice of final rulemaking (ANFR) on June 3, 2023, requesting additional public comment regarding certain key terms and definitions and corresponding amendments incorporating the key terms, as well as amendments to address clarity and lack of ambiguity.	Saiyad Ali (717) 783-4852
Physician Assistants 49 Pa. Code Chapter 18 (# 16A-4955)	Fall 2023, as Proposed	This regulation implements Act 79 of 2021 by removing the requirement that a supervising physician countersign 100% of the patient files, by allowing all written agreements between physicians and physician assistants to be ''filed'' with the State Board of Medicine (Board) instead of ''approved'' by the Board, by specifying that physician assistants may practice without the onsite presence or personal direction of the supervising physician, by allowing for more autonomy in the language of the written agreement filed with the Board and by increasing the number of physician assistants that a supervising physician may supervise. This proposed regulation will amend the existing physician assistant regulations to conform with the amendments made to the MPA under Act 79 of 2021 and to remove outdated language.	Saiyad Ali (717) 783-4852
Acupuncturists and Practitioners of Oriental Medicine 49 Pa. Code Chapter 18 (# 16A-4956)	Summer 2023, as Final	This 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 with the Governor's recommendation for occupational licensure reform. The final rulemaking was delivered on May 22, 2023, and is on the agenda for IRRC's July 13, 2023, public meeting.	Saiyad Ali (717) 783-4852
Licensure by Endorsement 49 Pa. Code Chapter 17 (# 16A-4958)	Fall 2023, as Final	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. The proposed rulemaking was published in the Pennsylvania Bulletin on August 13, 2022. The Board has drafted the final-form regulation and will be submitting same for internal review as required by Executive Order 1996-1.	Saiyad Ali (717) 783-4852
Opioid Prescribing and Education 49 Pa. Code Chapter 16 (# 16A-4960)	Winter 2023, as Proposed	The rulemaking will add to the current regulation regarding prescribing, administering, and dispensing, to clarify that unprofessional conduct violates the Safe Emergency Prescribing Act (Act 122 of 2016), the provisions of Chapter 52A of Title 35 (Prescribing Opioids to Minors), or the provisions of Chapter 51 of Title 35 relating to safe opioid prescription and voluntary non-opioid directives. The rulemaking will also amend the Board's regulations to conform to the requirements of the omnibus amendments to the Achieving Better Care By Monitoring All Prescriptions Program (ABC-MAP) Act found in Act 124 of 2016. This rulemaking would adopt the PA-Support curriculum developed under contract with the Bureau of Professional and Occupational Affairs to implement the ''safe prescription of a controlled substance containing an opioid'' curriculum required by Act 126 of 2016. Statutory Authority: 35 Pa.C.S. § 5102, requires the board to adopt the curriculum by joint regulation.	Saiyad Ali (717) 783-4852
State Board of Examiners of Nursing Home Administrators
Child Abuse Reporting Requirements 49 Pa. Code Chapter 39 (# 16A-6218)	Fall 2023, as Proposed	This regulation implements mandatory reporting requirements relating to 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 Examiners of Nursing Home Administrators obtain required training in child abuse recognition and reporting.	Thomas Leech (717) 783-7142
Licensure by Endorsement 49 Pa. Code § 39.8a (# 16A-6220)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Thomas Leech (717) 783-7142
State Board of Nursing
Volunteer License 49 Pa. Code Chapter 21, Subchapter F and §§ 21.601—21.607 (# 16A-5139)	Fall 2023, as Final-Omitted	This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act (Acts 86 of 2014, 29 of 2007 and 58 of 2002). Statutory Authority: Section 5 of the Volunteer Health Services Act, 35 P.S. § 449.45 requires each enumerated licensing board to promulgate regulations governing the volunteer license category.	Cindy Miller (717) 783-7142
Nursing Education Programs 49 Pa. Code Chapter 21 and Chapter 33 (# 16A-5141)	Winter 2023, as Proposed	This proposed rulemaking consolidates and updates pre- and post-licensure education regulations for registered nurses, licensed practical nurses and certified registered nurse practitioners and updates IV therapy terminology. This proposed rulemaking updates pre-licensure education regulations for registered nurses and licensed practical nurses. Statutory Authority: Sections 2.1(k), 6.2 and 11.2 of the Professional Nursing Law, 63 P.S. §§ 212.1(k), 216.2 and 221.2; and sections 17.5 and 17.6 of the Practical Nursing Law, 63 P.S. §§  667.5 and 667.6. This rulemaking would also incorporate by reference the PA-Support curriculum developed under contract with the Bureau of Professional and Occupational Affairs to implement the ''safe prescription of a controlled substance containing an opioid'' curriculum required by Act 126 of 2016 adopted by the Board on June 10, 2022. Statutory Authority: 35 Pa.C.S. § 5102.	Cindy Miller (717) 783-7142
Licensure by Endorsement and Reactivation 49 Pa. Code §§ 21.30a, 21.156a and 21.1101— 21.1104 (# 16A-5143)	Fall 2023, as Final	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. In addition, this regulation delineates the specific number of practice hours in another jurisdiction needed as an option to prove continued competence when a license has lapsed or been inactive for 5 or more years. The proposed rulemaking was published in the Pennsylvania Bulletin on December 10, 2022.	Cindy Miller (717) 783-7142
CRNA Licensure 49 Pa. Code Chapter 21 (# 16A-5145)	Winter 2023, as Proposed	This rulemaking will add certification and scope of practice provisions per Act 60 of 2021. Statutory Authority: Section 8.8 and 8.9 of the Professional Nursing Law (63 P.S. §§ 218.8 and 218.9).	Cindy Miller (717) 783-7142
Opioid Prescription and Education and Organ Donation Education 49 Pa. Code Chapter 21 (# 16A-5146)	Fall 2023, as Proposed	This rulemaking would add mandatory education on pain management or the identification of addiction under Act 124 of 2016 (ABC-MAP Act) and on organ and tissue donation and recovery under Act 90 of 2018 (Donate Life PA Act).	Cindy Miller (717) 783-7142
State Board of Occupational Therapy Education and Licensure
Child Abuse Reporting Requirements 49 Pa. Code §§ 42.41, 42.42, 42.45 and 42.47 (# 16A-679)	Summer 2023, as Final	This regulation updates 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 Occupational Therapy Education and Licensure obtain required training in child abuse recognition and reporting. The proposed rulemaking was published in the Pennsylvania Bulletin on October 22, 2022; the Board is drafting the final-form regulation. No comments were received from the public, IRRC, or either legislative standing committee. The Board voted to adopt final-form rulemaking at its June 1, 2023, public meeting, and expects to deliver it Summer 2023.	Christina Townley (717) 783-1389
Licensure by Endorsement 49 Pa. Code §§ 42.1, 42.9 and 42.10 (# 16A-6713)	Winter 2023, as Final	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. The final rulemaking was redelivered on June 8, 2023, and is on the agenda for IRRC's July 13, 2023, public meeting.	Christina Townley (717) 783-1389
State Board of Optometry
Volunteer License 49 Pa. Code § 23.26 (# 16A-5214)	Winter 2023, as Final-Omitted	This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act (Acts 86 of 2014, 29 of 2007 and 58 of 2002). Statutory Authority: Section 5 of the Volunteer Health Services Act, 35 P.S. § 449.45, requires each enumerated licensing board to promulgate regulations governing the volunteer license category.	Shakeena Chappelle (717) 214-5702
Child Abuse Reporting Requirements 49 Pa. Code §§ 23.111— 23.116 (# 16A-5215)	Fall 2023, as Final	This regulation updates 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 Optometry obtain required training in child abuse recognition and reporting. Proposed rulemaking published April 29, 2023. The Board will review any comments received and begin drafting the final-form regulation.	Shakeena Chappelle (717) 214-5702
Licensure by Endorsement 49 Pa. Code §§ 23.27— 23.27b (# 16A-5218)	Winter 2023, as Final	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. The final rulemaking was delivered on May 22, 2023, and is on the agenda for IRRC's July 13, 2023, public meeting.	Shakeena Chappelle (717) 214-5702
Opioid Prescribing and Education 49 Pa. Code Chapter 23 (# 16A-5219)	Winter 2023, as Proposed	The State Board of Optometry proposes this rulemaking to set forth the minimum acceptable standards of practice that an optometrist 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. The rulemaking will amend the Board's regulations to conform to the requirements of the omnibus amendments to the Achieving Better Care By Monitoring All Prescriptions Program (ABC-MAP) Act found in Act 124 of 2016. This rulemaking would adopt the PA-Support curriculum developed under contract with the Bureau of Professional and Occupational Affairs to implement the ''safe prescription of a controlled substance containing an opioid'' curriculum required by Act 126 of 2016. Statutory Authority: 35 Pa.C.S. § 5102, requires the board to adopt the curriculum by joint regulation.	Shakeena Chappelle (717) 214-5702
Interpretation of § 23.86(g) (relating to sources of continuing education)— statement of policy 49 Pa. Code § 23.301 (# 16A-5220)	Fall 2023, as Proposed	This statement of policy will clarify the Board's current interpretation of ''individual study'' contained in § 23.86(g).	Shakeena Chappelle (717) 214-5702
State Board of Osteopathic Medicine
Volunteer License 49 Pa. Code Chapter 25 Subchapter L §§ 25.601—25.607 (# 16A-5323)	Winter 2023, as Final-Omitted	This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act (Acts 86 of 2014, 29 of 2007 and 58 of 2002). Statutory Authority: Section 5 of the Volunteer Health Services Act, 35 P.S. § 449.45, requires each enumerated licensing board to promulgate regulations governing the volunteer license category.	Priscilla Turek (717) 346-1188
Child Abuse Reporting Requirements 49 Pa. Code §§ 25.401— 25.416 (# 16A-5326)	Summer 2023, as Final	This regulation updates 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 Osteopathic Medicine obtain required training in child abuse recognition and reporting. The proposed rulemaking was published in the Pennsylvania Bulletin on October 22, 2022. No comments were received from the public, IRRC, or either legislative standing committee. The Board approved final-form regulation at its June 14, 2023 public meeting and expects to deliver it Summer 2023.	Priscilla Turek (717) 346-1188
Licensure by Endorsement and Licensure Requirements 49 Pa. Code Chapter 25 (# 16A-5336)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. This proposed regulation will also address the current transition and ultimate merger of the American Osteopathic Association (AOA), the American Association of Colleges of Osteopathic Medicine (AACOM) and the Accreditation Council for Graduate Medical Education (ACGME), creating a single accreditation system for all graduate medical education. The regulation will also amend the existing licensure by endorsement requirement in § 25.242, which requires an applicant receive a passing score on an osteopathic manipulative therapy examination (the practical examination), by removing the requirement in its entirety.	Priscilla Turek (717) 346-1188
Opioid Prescribing and Education 49 Pa. Code Chapter 25 (# 16A-5337)	Winter 2023, as Proposed	The rulemaking will add to the current regulation regarding prescribing, administering, and dispensing, to clarify that it is unprofessional conduct to violate the Safe Emergency Prescribing Act (Act 122 of 2016), the provisions of Chapter 52A of Title 35 (Prescribing Opioids to Minors), or the provisions of Chapter 51 of Title 35 relating to safe opioid prescription and voluntary non-opioid directives. The rulemaking will amend the Board's regulations to conform to the requirements of the omnibus amendments to the Achieving Better Care By Monitoring All Prescriptions Program (ABC-MAP) Act found in Act 124 of 2016. This rulemaking would adopt the PA-Support curriculum developed under contract with the Bureau of Professional and Occupational Affairs to implement the ''safe prescription of a controlled substance containing an opioid'' curriculum required by Act 126 of 2016. Statutory Authority: 35 Pa.C.S. §  5102, requires the board to adopt the curriculum by joint regulation.	Priscilla Turek (717) 346-1188
State Board of Pharmacy
Child Abuse Reporting Requirements 49 Pa. Code Chapter 27 (# 16A-5430)	Fall 2023, as Proposed	This proposed regulation implements mandatory reporting requirements relating to 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 Pharmacy obtain required training in child abuse recognition and reporting.	Melanie Zimmerman (717) 783-7156
Licensure by Endorsement 49 Pa. Code §§ 27.25a and 27.25b (# 16A-5432)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Melanie Zimmerman (717) 783-7156
Pharmacy Technicians 49 Pa. Code Chapter 27 (# 16A-5433)	Winter 2023, as Proposed	This rulemaking will set up the registration requirements for pharmacy technicians and pharmacy technician trainees in accordance with the amendments made to the Pharmacy Act (Act 140 of 2020). Initial stakeholder outreach conducted; preparation of proposed rulemaking package currently underway.	Melanie Zimmerman (717) 783-7156
Immunizations 49 Pa. Code Chapter 27 (# 16A-5434)	Winter 2023, as Final-Omitted	This rulemaking will implement Act 80 (Act of July 11, 2022, P.L. No. 80) which amended the Pharmacy Act to allow pharmacists and pharmacy interns to administer influenza and COVID-19 immunizations to children 5 years of age and older, and expanded who could supervise a pharmacy intern while such immunizations are administered. The Board's regulations will be revised to make relevant provisions consistent with Act 80.	Melanie Zimmerman (717) 783-7156
ABC-MAP Opioid Education 49 Pa. Code § 25.271(c) (# 16A-5435)	Winter 2023, as Proposed	The rulemaking will amend the Board's continuing education requirements to conform to the requirements of the omnibus amendments to the Achieving Better Care By Monitoring All Prescriptions Program (ABC-MAP) Act found in Act 124 of 2016. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P.S. § 390-6(k)(9).	Melanie Zimmerman (717) 783-7156
State Board of Physical Therapy
Students in Educational Program 49 Pa. Code Chapter 40 (# 16A-6519)	Fall 2023, as Proposed	This proposed rulemaking would clarify an issue related to students enrolled in Board-approved schools of physical therapy who perform acts of physical therapy incidental to the student's course of study. Furthermore, this rulemaking would clarify that all PTs and PTAs may to obtain 100% of the required continuing education (CE) hours via online continuing education.	Michelle Roberts (717) 783-7134
Early Exam and CE for Clinical Instruction 49 Pa. Code Chapter 40 (# 16A-6522)	Fall 2023, 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 a limited amount of continuing education credits for providing clinical instruction to student PTs and student PTAs. Furthermore, the proposed rulemaking will amend the Board's regulations to allow applicants to register for the National examination with the examination provider, without having to first obtain the Board's permission. Preparation of proposed regulatory package completed; delivery of same to IRRC expected 3rd Quarter of 2023.	Michelle Roberts (717) 783-7134
Licensure by Endorsement 49 Pa. Code Chapter 40 (# 16A-6523)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Michelle Roberts (717) 783-7134
State Board of Podiatry
Sexual Misconduct 49 Pa. Code Chapter 29 (# 16A-448)	Winter 2023, as Proposed	This proposed regulation would define and prohibit sexual behavior with patients and sexual exploitation.	Priscilla Turek (717) 346-1188
Authority to Perform Acupuncture 49 Pa. Code Chapter 29 (# 16A-449)	Fall 2023, as Proposed	This regulation is required to regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Statutory Authority: Section 3(b) of the Acupuncture Registration Act (63 P.S. § 1803).	Priscilla Turek (717) 346-1188
Volunteer License 49 Pa. Code Chapter 29 § 29.55 (# 16A-4411)	Winter 2023, as Final-Omitted	This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act (Acts 86 of 2014, 29 of 2007 and 58 of 2002). Statutory Authority: Section 5 of the Volunteer Health Services Act, 35 P.S. § 449.45, requires each enumerated licensing board to promulgate regulations governing the volunteer license category.	Priscilla Turek (717) 346-1188
Child Abuse Reporting Requirements 49 Pa. Code §§ 29.91—29.97 (# 16A-4412)	Fall 2023, as Proposed	This regulation updates the Board's regulations on mandatory reporting of suspected child abuse and implements the training/continuing education mandated by recent amendments to the Child Protective Services Law (CPSL), 23 P.S §§ 6301—6386. Statutory Authority: Section 6383(b)(2) of the CPSL requires the Board to promulgate regulations consistent with the CPSL; Section 15 of the Podiatry Practice Act (act), 63 P.S. § 42.15, directs the Board to adopt regulations to carry out the purposes of the act.	Priscilla Turek (717) 346-1188
Opioid Prescribing and Education 49 Pa. Code Chapter 29 (# 16A-4418)	Winter 2023, as Proposed	The rulemaking will add to the current regulation regarding prescribing, administering and dispensing, to clarify that it is unprofessional conduct to violate the Safe Emergency Prescribing Act (Act 122 of 2016), the provisions of Chapter 52A of Title 35 (Prescribing Opioids to Minors) or the provisions of Chapter 51 of Title 35 relating to safe opioid prescription and voluntary non-opioid directives. The rulemaking will amend the Board's regulations to conform to the requirements of the omnibus amendments to the Achieving Better Care By Monitoring All Prescriptions Program (ABC-MAP) Act found in Act 124 of 2016. This rulemaking will also amend the therapeutic drug list in order to update and make the list more current. This rulemaking would adopt the PA-Support curriculum developed under contract with the Bureau of Professional and Occupational Affairs to implement the ''safe prescription of a controlled substance containing an opioid'' curriculum required by Act 126 of 2016. Statutory Authority: 35 Pa.C.S. §  5102, requires the board to adopt the curriculum by joint regulation. This rulemaking will amend the Boards Continuing Education regulation to allow for the carryover of 10 CE credits to the next renewal.	Priscilla Turek (717) 346-1188
Licensure by Endorsement and Qualifications for Licensure 49 Pa. Code Chapter 29 (# 16A-4419)	Winter 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. This regulation combined 16A-4415 (relating to qualifications for licensure), which proposes to update and clarify the requirements for licensure as a doctor of podiatric medicine. Combining was necessary to clarify Act 41 licensure requirements.	Priscilla Turek (717) 346-1188
Performance of Radiographic Procedures by Auxiliary Personnel 49 Pa. Code Chapter 29 (# 16A-4420)	Fall 2023, as Proposed	The proposed rulemaking would amend § 29.13 to delete the fee for the application for authorization to perform radiologic procedures. It would also amend § 29.81 to add the acronyms ARRT and ASPMA to the definition section. The proposal seeks to amend § 29.82 to provide for the Board's preapproval of an examination in radiology. The proposal seeks to amend § 29.83 to delete reference to the application forms and to require auxiliary personnel to submit applications and pay the fee directly to the testing service rather than applying to the Board. Additionally, the Board seeks to delete and reserve § 29.84 as it no longer administers the examination.	Priscilla Turek (717) 346-1188
State Board of Psychology
Continuing Education 49 Pa. Code § 41.59 (# 16A-6317)	Fall 2023, 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.	Thomas Leech (717) 710-2750
General Revisions 49 Pa. Code § 41.31 (# 16A-6320)	Fall 2023, as Proposed	This proposed rulemaking will update the Board's regulations to conform to changes made to the Professional Psychologists Practice Act by the Act of June 23, 2016 (P.L. 379, No. 53) (Act 53 of 2016). Act 53 of 2016 clarifies the scope of practice of psychology, grants the Board the power to issue temporary licenses to out of state licensees, revises and removes some of the previous exemptions to licensure, removes the time limitation pertaining to the retaking of the licensure examinations, eliminates the requirement that at least one year of supervised experience be obtained subsequent to the granting of the doctoral degree, gives the Board the ability to bar a suspended licensee from engaging in any other form of counseling or mental health practice, and requires licensees to report multiple licensure of any other health profession. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P.S. § 1203.2(2).	Thomas Leech (717) 710-2750
Child Abuse Reporting Requirements 49 Pa. Code §§ 41.1, 41.42, 41.45 and 41.47 (# 16A-6322)	Fall 2023, as Final	This regulation updates 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 Psychology obtain required training in child abuse recognition and reporting. The proposed rulemaking was published in the Pennsylvania Bulletin on October 22, 2022. No comments were received from the public, IRRC, or either legislative standing committee. The Board voted to adopt final-form rulemaking at its June 12, 2023, public meeting. The final-form rulemaking is expected to be delivered by Fall 2023.	Thomas Leech (717) 710-2750
Volunteer License 49 Pa. Code Chapter 41 (# 16A-6325)	Winter 2023, as Final	This proposed rulemaking implements amendments to the Volunteer Health Services Act made by the act of July 2, 2014 (P.L. 820, No. 86), which extended the coverage of the law to include mental health services. Statutory Authority: Section 5 of the Volunteer Health Services Act, 35 P.S. §  449.45, requires each enumerated licensing board to promulgate regulations governing the volunteer license category.	Thomas Leech (717) 710-2750
PCSAS Parity 49 Pa. Code §§ 41.1 and 41.31 (# 16A-6327)	Fall 2023, as Proposed	This proposed rulemaking increases acceptable accreditation programs to add PCSAS (Psychological Clinical Science Accreditation System).	Thomas Leech (717) 710-2750
State Board of Certified Real Estate Appraisers
Licensure by Endorsement 49 Pa. Code §§ 36.226 and 36.227 (# 16A-7024)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses. Proposed regulatory package has been prepared and is currently undergoing the necessary internal review required by Executive Order 1996-1.	Kristel Hennessy Hemler (717) 214-7779
Schedule of Fees 49 Pa. Code § 36.6 (# 16A-7025)	Spring 2024, 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 9 of the Real Estate Appraisers Certification Act (63 P.S. § 457.9). Initial stakeholder outreach conducted. The Board is currently in the midst of its biennial renewal, and nearing the end of fiscal year 2022-2023. The Board will be reevaluating this regulatory package once the renewal period has closed, particularly with regard to ascertaining the exact size of its licensee population and determining whether or not an adjustment of fees is necessary.	Kristel Hennessy Hemler (717) 214-7779
General Revisions 49 Pa. Code §§ 458.1— 458.16 (# 16A-7026)	Fall 2023, as Proposed	This proposed rulemaking will update several provisions, including definitions, permissible and prohibited activity and qualification of applicants, to conform with the Act 88 of 2020 amendments to the Assessors Certification Act. Statutory Authority: Section (3) of the Assessors Certification Act, 63 P.S. § 458.3. Board voted to approve proposed rulemaking; delivery of same to IRRC expected in 3rd Quarter 2023.	Kristel Hennessy Hemler (717) 214-7779
Broker Price Opinions 49 Pa. Code § 36.434 (# 16A-7027)	Spring 2024, as Proposed	This proposed rulemaking is needed for consistency with Act 75 of 2018, which amended the Real Estate Licensing Registration Act (RELRA) to allow licensed brokers, associate brokers and salespersons to perform BPO's in Pennsylvania.	Kristel Hennesey Hemler (717) 214-7779
Distance Education and PAREA 49 Pa. Code §§ 36.1, 36.11, 36.12, 36.12a, 36.13, 36.31, 36.43, 36.201, 36.224, 36.262 and 36.263 (# 16A-7029)	Fall 2023, as Proposed	The act of December 22, 2021 (P.L. 488, No. 100) (Act 100 of 2021) requires each licensing board to establish rules and regulations for continuing education that provides for distance education. This proposed rulemaking will update definitions and distance education standards for qualifying and continuing education courses. The rulemaking will affect certified residential and general real estate appraisers, licensed appraiser trainees, and Certified Pennsylvania Evaluators. The distance education standards will comply with new Federal requirements implemented by the Appraisal Qualifications Board (AQB) effective January 1, 2022. Act 100 of 2021 also requires the Board to establish rules and regulations providing for virtual supervision in a manner that meets the requirements for licensure and certification. PAREA is the concept of using simulated computer-based, virtual training to fulfill the experience requirement to become a certified real estate appraiser. Candidates meet virtually with certified real estate appraisers (for example, mentors) who will review the appraiser training material, provide support, and track the candidate's progress.	Kristel Hennessy Hemler (717) 214-7779
AMC Revisions (AMC Ownership Limitations) 49 Pa. Code § 36.412(b) (# 16A-7031)	Fall 2023, as Final-Omitted	The Board's AMC regulation regarding AMC ownership limitations is inconsistent with Federal regulations at 12 CFR 34.215(b)(1) and (2). Section 36.412(b) of the Board's AMC regulations states that an individual may not be an owner or key person if they had a license or certificate refused, denied, cancelled, suspended or revoked or if they voluntarily surrendered a license or certificate, unless the license or certificate was subsequently granted or reinstated to the individual. Under 12 CFR 34.215(b), however, an individual is not disqualified from becoming an owner or key person of an AMC if the Board determines that the individual's license or certificate was not revoked, suspended, refused or surrendered for substantive cause and the individual's license or certificate was granted or reinstated. The Board is drafting final-omitted rulemaking package.	Kristel Hennessy Hemler (717) 214-7779
State Real Estate Commission
General Revisions 49 Pa. Code Chapter 35 (# 16A-5616)	Winter 2023, as Proposed	The proposed rulemaking would update the Commission's regulations to reflect changes in the law and practice in the industry, which include advertising and escrow requirements. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P.S. §  455.404. This regulation was formerly entitled ''Advertising.'' The Board decided to expand the regulation to include other general updates.	Deon Bowers (717) 772-8542
Licensure by Endorsement 49 Pa. Code § 35.230 (# 16A-5625)	Fall 2023, as Proposed	This rulemaking amends the Commission's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Deon Bowers (717) 772-8542
Broker Price Opinions 49 Pa. Code Subchapter J (# 16A-5626)	Winter 2023, as Proposed	The proposed rulemaking implements the act of June 29, 2018 (P.L. 500, No. 75) (Act 75 of 2018) which amended the Real Estate Licensing and Registration Act (63 P.S. §§ 455.101—455.902). The proposed regulations would add a new subchapter which sets forth limitations and requirements for broker price opinions, including required disclosures, signature requirements, permissible uses and required experience and education for brokers, associate brokers and salespersons.	Deon Bowers (717) 772-8542
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
General Revisions 49 Pa. Code Chapters 47—49 (# 16A-6923)	Spring 2023, as Proposed	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. This rulemaking also amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Sandra Matter (717) 783-1389
Volunteer Licenses 49 Pa. Code Chapter 41 (# 16A-6924)	Spring 2023, as Final	This proposed rulemaking implements recent amendments to the Volunteer Health Services Act made by the act of July 2, 2014 (P.L. 820, No. 86), which extend the coverage of the law to include mental health services. Statutory Authority: Section 5 of the Volunteer Health Services Act, 35 P.S. § 449.45, requires each enumerated licensing board to promulgate regulations governing the volunteer license category.	Sandra Matter (717) 783-1389
State Board of Examiners in Speech-Language Pathology and Audiology
Licensure by Endorsement 49 Pa. Code §§ 45.601— 45.604 (# 16A-6808)	Winter 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Sarah McNeil (717) 425-7398
Child Abuse Reporting Requirements 49 Pa. Code §§ 45.401—45.407 (# 16A-6805)	Winter 2023, as Proposed	This regulation updates 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 Examiners in Speech-Language Pathology and Audiology obtain required training in child abuse recognition and reporting.	Sarah McNeil (717) 425-7398
State Board of Vehicle Manufacturers, Dealers and Salespersons
Fee Increase 49 Pa. Code § 19.4 (# 16A-6015)	Winter 2023, as Final	This proposed rulemaking would increase application fees and biennial renewal fees for licensees of the Board such that revenues would be sufficient to meet projected expenditures. Statutory Authority: Section 30(a) of the Board of Vehicles Act (Act) (63 P.S. § 818.30(a)) requires an increase in fees when the expenses incurred by the Board to meet its obligations under the Act, including enforcement, exceed revenues. The proposed rulemaking published on June 12, 2021. The Board is drafting the final rulemaking. The final-form rulemaking was delivered to IRRC on October 12, 2022, and was subsequently approved by IRRC on December 8, 2022. The regulation is pending at the OAG; the Board expects that this regulation will be published in the Pennsylvania Bulletin in the 1st quarter of 2023.	Janice Cline (717) 772-0483
State Board of Veterinary Medicine
Euthanasia 49 Pa. Code Chapter 31 (# 16A-5726)	Winter 2023, as Final	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 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. The Board is preparing the final rulemaking package.	Michelle Roberts (717) 783-7134
Licensure by Endorsement 49 Pa. Code Chapter 31 (# 16A-5730)	Fall 2023, as Proposed	This rulemaking amends the Board's regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.	Michelle Roberts (717) 783-7134
Continuing Education 49 Pa. Code Chapter 31 (# 16A-5731)	Winter 2023, as Proposed	This rulemaking amends the Board's regulations to allow veterinarians to obtain 100% of the required 30 continuing education (CE) hours via online continuing education, and to clarify that veterinarians and CVTs are not required to complete continuing education during the biennial renewal cycle in which they first obtain certification or licensure.	Michelle Roberts (717) 783-7134
Fees 49 Pa. Code Chapter 31 (# 16A-5732)	Winter 2023, 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 13 of the Veterinary Medicine Practice Act (63 P.S. § 485.13).	Michelle Roberts (717) 783-7134
Department of Transportation (DOT)
Access to and Occupancy of Highways by Driveways and Local Roads 67 Pa. Code Chapter 441	Fall 2023	The Department will be promulgating a regulation to rewrite the entirety of Chapter 441 and to address comments received during the promulgation of an earlier promulgated Chapter 441 regulation redefining the term ''owner.'' Also increase in fees to cover Department costs.	Mike Dzurko (717) 783-6080
Vehicle Equipment and Inspection 67 Pa. Code Chapter 175	Fall 2023	This rulemaking updates vehicle equipment and inspection standards to better reflect current technologies, consistent with recommendations made by the Department's Inspection Advisory Board.	Laura Krol (717) 346-1907
Intrastate Motor Carrier Safety 67 Pa. Code Chapter 231	Fall 2023	This rulemaking is necessary to waive hours of service limitations imposed by Federal law and other requirements for mass transportation organizations and their drivers, while establishing new requirements consistent with the public interest.	Danielle Spila (717) 787-1208
Vehicle Operations for Level 3—5 HAVs 67 Pa. new Chapter	Spring 2023	This rulemaking will create temporary regulations related to manned and unmanned operations standards for various levels (3—5) Highly Automated Vehicles (HAV)s.	Mark Kopko (717) 783-1903
Mid-cabin Cameras in School Buses 67 Pa. Code Chapter 171	Fall 2023	This rulemaking will allow and provide requirements on the installation of mid-cabin cameras to be placed in school buses.	Angelia Gillis (717) 346-1907
Mental/Emotional Regulations 67 Pa. Code Chapter 83	Fall 2023	The Department has proposed amendments to this regulation adding to authorize additional disqualifications by a healthcare provider of anyone that has a mental/ emotional loss that may impair an individual's ability to drive safely.	Angelia Gillis (717) 346-1907
Office of Administration (OA)
Office of Administration Civil Service Reform 4 Pa. Code Chapters 608—615	Fall 2023, as Proposed	This proposed rulemaking is needed to continue the implementation of Act 71 of 2018 (P.L. 460, No. 71), 71 Pa.C.S. Part III, commonly referred to as ''the Civil Service Reform Act'' (''Act''). The Act transferred administration of the Commonwealth's merit system of employment from the State Civil Service Commission (''SCSC'') to the Office of Administration (''OA''). Under Section 2203(b)(2) of the Act, 71 Pa.C.S. § 2203(b)(2), OA may promulgate proposed regulations to facilitate implementation of the merit system. On March 16, 2019, OA, pursuant to its statutory authority, published temporary regulations implementing the transfer of duties from SCSC to OA. In March 2022, OA promulgated a new set of temporary regulations to address policy and procedural changes made by OA since promulgating the March 16, 2019 temporary regulations.	Cynthia Williams (717) 772-0981
Pennsylvania Municipal Retirement System (PMRS)
No regulations being developed or considered at this time.
Pennsylvania State Employees' Retirement System (SERS)
No regulations being developed or considered at this time.
Department of Drug and Alcohol Programs (DDAP)
Drug and alcohol treatment facility and recovery house licensing regulations 28 Pa. Code Part V, Chapters 701—717	Spring 2026, as Proposed	The Department plans to undergo a full-scale review and update of its regulations for licensure of drug and alcohol treatment facilities and recovery houses. Treatment facilities provide detoxification, inpatient, and outpatient treatment and rehabilitation to clients with substance use disorders (SUDs). Recovery houses provide supportive housing to individuals receiving outpatient treatment for SUD who may benefit from a substance-free environment and peer camaraderie, and must be licensed to accept funding or referrals from public sources. These regulations protect the public health and safety of clients and residents in treatment and housing settings. There has been substantial development in the field since the last comprehensive update to the treatment facility regulations in the 1980s. Prior to publishing proposed regulations, the Department will conduct significant background research and stakeholder engagement to draft all components of the regulatory package. The legal basis for the treatment facility regulations is section 1021 of the Human Services Code (62 P.S. § 1021) and the legal basis for the recovery house regulations is section 2312-A of the Administrative Code of 1929 (71 P.S. § 613.12).	Jordan Lewis (717) 736-7466
Department of Community and Economic Development (DCED)
Industrial Housing and Components 12 Pa. Code Chapter 145 (# 4-100)	Summer 2023, as Proposed	The proposed regulation will revise section 145.93 to reduce the timing of factory inspections from every year to every two years, and will revise section 145.94 to increase fees.	Katherine Jones (717) 257-6574 Kathejones@pa.gov
Department of General Services (DGS)
No regulations being developed or considered at this time.
Pennsylvania Emergency Management Agency (PEMA)
No regulations being developed or considered at this time.

[Pa.B. Doc. No. 23-980. Filed for public inspection July 21, 2023, 9:00 a.m.]

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