NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[54 Pa.B. 4259]
[Saturday, July 20, 2024]Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit for publication semi-annually an agenda of regulations under development or consideration.
The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.
Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.
This Agenda represents the Administration's present intentions regarding future regulations. The information provided is current as of July 1, 2024. 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
No regulations being developed or considered at this time. Department of Agriculture
Agricultural Conservation Easement Purchase Program
7 Pa. Code Chapter 138e
(# 2-192)Expected publication proposed Q2 or Q3, 2025.
Internal reviews continued; anticipated stakeholder outreach will occur this year.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) 783-3167Milk Sanitation
7 Pa. Code Chapter 59a
(# 2-194)Proposed regulations were published June 15, 2024; currently in 30-day comment period. 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. Stefanie Smith
(717) 787-5108Pesticide Rules and Regulations
7 Pa. Code Chapter 128Expected publication proposed Q4, 2024.
Internal reviews continued from Spring 2024 update.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) 772-5212Commercial Feed,
Chapter 71Expected publication proposed Q2, 2025.
Internal reviews continued from Fall 2024 update.The current law is being revised to: (1) Adopting hemp seed, hemp seed meal and hemp seed oil for use in horse feed, pet and specialty pet food; (2) Updating labeling provisions to include raw milk and raw milk products with a required caution statement; (3) Updating the adulteration provisions to include hemp seed or hemp seed products if they do meet the standards established by the Farm Bill; (4) Updating the adulteration provisions to include raw milk and raw milk products if not decharacterized with an approved color;
(5) Adding new authorities by adopting the following Federal Food and Drug Rules: current good manufacturing practices for medicated feeds, current good manufacturing practices, hazard analysis and risk-based preventive controls for food for animals, veterinary feed directives and BSE rule; and (6) Adding a provision to prevent storage and display of animal food products in same unit or case as human food.Erin Bubb
(717) 772-5215Department of Banking and Securities (DOBS)
Amendment of regulations at 10 Pa. Code Part VII Securities Withdrawn This rulemaking would add annual continuing education for investment adviser representatives. Stefanie Hamilton
(717) 787-1471Amendment of regulations at 10 Pa. Code Part XIV
Money TransmittersSpring 2025 This rulemaking would clarify definitions around virtual currencies and their requirements for licensure. Stefanie Hamilton
(717) 787-1471Department of Conservation and Natural Resources (DCNR)
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) 783-7957Department of Corrections (DOC) Inmate Correspondence
37 Pa. Code § 93.2Spring 2025 Inmate correspondence regulations are being revised to reflect new DOC procedures for processing mail. Preparation of proposed rulemaking package currently underway. Tracey Tubbs
(717) 728-7763Inmate Visiting Privileges
37 Pa. Code § 93.3Spring 2025 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) 728-7763Purchase for Inmates by Family and Friends
37 Pa. Code § 93.4Spring 2025 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) 728-7763Motivational Boot Camp
37 Pa. Code §§ 93.301—93.308Spring 2025 Motivational Boot Camp Regulations are being revised to correct statutory citations and reflect changes in procedures. Tracey Tubbs
(717) 728-7763County Correctional Institutions
37 Pa. Code Chapter 95Fall 2025 Entirety of Chapter 95 is being reviewed and revised. Initial outreach to stakeholders conducted regarding proposed changes; currently under review. Tracey Tubbs
(717) 728-7763Department of Education (PDE)
Academic Standards and Assessment
22 Pa. Code Part I
State Board of Education
Chapter 4Fall 2024, as Final This proposed regulation will update academic standards for Career Education and Work, Economics and Family and Consumer Sciences and proposes new standards for Personal Finance to reflect new statutory provisions enacted by Act 35 of 2023. The proposed regulations were published in the PA Bulletin on June 15 for a 30-day public comment period. Karen Molchanow kamolchano@pa.gov State Library and Advisory Council on Library Development
22 Pa. Code Part IXFall 2024, as Proposed This proposed regulation clarifies and updates the standards and practices under which libraries are deemed eligible to receive State aide, bringing them in alignment with changes that were made to the statute in 2012. An exposure draft was released to stakeholders in spring to solicit initial feedback. That feedback will be incorporated into the proposed regulations. Susan Banks susbanks@pa.gov Regulations of the State Board of Private Academic Schools
22 Pa. Code Chapters 51 and 59Winter 2024, as Proposed These regulations define the requirements for obtaining licensure as a Private Academic School, specifically the requirements pertaining to private academic schools providing special education services or educating special education students. The Board is in the process of updating the regulations, which were promulgated in 1988. The regulations are promulgated under the authority of the Private Academic Schools Act (24 P.S. §§ 6701 et seq.). Jessica Guise jeguise@pa.gov Preparation of Professional Educators
22 Pa. Code Chapter 354Winter 2024, as Proposed These regulations were last updated in 2000. The Department issued a survey to stakeholders in late 2023 and held focus groups in spring 2024 for feedback on what areas should be addressed in the rulemaking, such as candidate assessment; credit minimum for candidacy; GPA threshold; English and Math requirements; student teaching; and monitoring and assessment of skills. Carissa Pokorny Golden cpokornygo@pa.gov Environmental Hearing Board (EHB)
Practice and Procedure
25 Pa. Code Chapter 1021No rulemaking expected at this time. No rulemaking expected at this time. Maryanne Wesdock Judge
(412) 565-5245Department of Environmental Protection (DEP) Blast Site Clarification for Noncoal Mining Operations 25 Pa. Code Chapter 77 Quarter 4, 2024, EQB Consideration, as Final-Omitted This rulemaking amends the Department's mining regulations by changing one use of the term ''blast area'' in Chapter 77 to ''blast site.'' The amendment will ensure the language used in the noncoal mining regulations is consistent with the definition of both terms found in 25 Pa. Code
§ 211.101. (Noncoal Surface Mining Conservation and Reclamation Act)Sharon Hill
(717) 787-6842
shill@pa.govEnvironmental Protection Performance Standards for Conventional Oil and Gas Operators
25 Pa. Code Chapter 78
(# 7-539)Quarter 4, 2024,
EQB Consideration,
as ProposedThis 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) Kris Shiffer
(717) 772-5809
kshiffer@pa.govWaste Management and Related Issues at Conventional Oil and Gas Well Sites
25 Pa. Code Chapter 78
(# 7-540)Quarter 2, 2025,
EQB Consideration,
as ProposedThis 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. Kris Shiffer
(717) 772-5809
kshiffer@pa.govAnnual Fee for Unconventional Operations 25 Pa. Code Chapter 78a
(# 7-573)Quarter 4, 2024,
EQB Consideration,
as ProposedThis 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) Kris Shiffer
(717) 772-5809
kshiffer@pa.govAdministration of Sewage Facilities Program
25 Pa. Code Chapters 71—73
(# 7-570)Quarter 2, 2025, EQB Consideration, as Proposed This rulemaking proposes to update 25 Pa. Code Chapters 71—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.govWater Quality Permit Administration
25 Pa. Code Chapters 91 and 92aQuarter 1, 2025, EQB Consideration, as Proposed This rulemaking proposes minor updates to improve administration of the water quality management and National Pollutant Discharge Elimination System (NPDES) permitting programs. (Pennsylvania Clean Streams Law) Sean Furjanic
(717) 787-2137
sefurjanic@pa.govWater 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 4, 2024, EQB Consideration, as Final 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.govWater Quality Standards—Triennial Review of Water Quality Standards and Updates to Toxics Management Strategy—
Statement of Policy
25 Pa. Code Chapters 16 and 93
(# 7-577 and # 7-582)Quarter 3, 2024, EQB Consideration, as Final This rulemaking revises the Commonwealth's water quality criteria and standards in Chapter 93 and updates the Chapter 16 Statement of Policy to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the Federal Clean Water Act. (40 CFR 131.20) Josh Lookenbill
(717) 783-2959
mlookenbil@pa.govWater Quality Standards—
Class A Stream Redesignations
25 Pa. Code Chapter 93
(# 7-583)Quarter 3, 2024, 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.govWater Quality Standards—Chester Creek et al. Stream Redesignations
25 Pa. Code Chapter 93Quarter 4, 2024, 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 rulemaking petition, errors identified in Chapter 93, EPA's partial approval of the previous Triennial Review of Water Quality Standards and as a result of routine monitoring and assessment activities. In this rulemaking, redesignations rely on § 93.3, Aquatic Life Use definitions and § 93.4b, High Quality (HQ) and Exceptional Value (EV) qualifications. (Section 303(c)(1) of the Federal Clean Water Act) Josh Lookenbill
(717) 783-2959
mlookenbil@pa.govNotification Requirements for Unauthorized Discharges to Waters of the Commonwealth 25 Pa. Code Chapter 91 Quarter 4, 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.govDam Safety and Waterway Management
25 Pa. Code Chapter 105
Quarter 1, 2025,
EQB Consideration,
as ProposedThis rulemaking proposes to amend Chapter 105 to provide updates and clarifications to definitions and requirements to improve permit application submission and permit review efficiency. (Federal Clean Water Act, Pennsylvania Clean Streams Law, Dam Safety and Encroachment Act) Domenic Rocco
(717) 772-5659
drocco@pa.govSafe Drinking Water Federal Updates
25 Pa. Code Chapter 109Quarter 3, 2025, EQB Consideration,
as ProposedThis rulemaking proposes to update Chapter 109 Safe Drinking Water Regulations to incorporate two recently finalized Federal rules (the PFAS MCL and Consumer Confidence Report (CCR) rules) and will include other amendments as needed. (Pennsylvania Safe Drinking Water Act) Dawn Hissner
(717) 772-2189
dhissner@pa.govState and Federal Plans for Existing Sources
25 Pa. Code Chapter 122
(# 7-585)Quarter 4, 2024,
EQB Consideration,
as ProposedThis rulemaking proposes to amend Chapter 122 to clarify the authority for adoption of Federal plans in 40 CFR Part 62 and submittal to the EPA of requests for delegation of Federal plans for existing sources and to clarify implementation and enforcement of emission guidelines and Federal plans for existing sources. (Air Pollution Control Act) Sean Wenrich
(717) 772-3979
sewenrich@pa.govCorrective Amendments to RACT Requirements for Major Sources of NOx and VOCs
25 Pa. Code Chapter 129
(# 7-584)Quarter 4, 2024,
EQB Consideration,
as ProposedThis rulemaking proposes to amend Chapter 129 to correct administrative errors in the mass equivalent basis factors for combined-cycle or combined heat and power combustion turbines and to correct a cross reference error. (Air Pollution Control Act) Sean Wenrich
(717) 772-3979
sewenrich@pa.govAdministration of the Land Recycling Program
25 Pa. Code Chapter 250
(# 7-575)Quarter 3, 2024,
Publication, as ProposedThe 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 PAHs 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.govEnvironmental Lab Accreditation Fees
25 Pa. Code Chapter 252
(# 7-578)Quarter 1, 2025,
EQB Consideration,
as ProposedThis rulemaking proposes to update the fees for the environmental laboratory accreditation program to cover the cost of the operation of the program, as required by the Environmental Laboratory Accreditation Act. (Environmental Laboratory Accreditation Act) Annmarie Beach
(717) 346-8212 anbeach@pa.govUpdate to Coproduct Regulations
25 Pa. Code Chapter 287Quarter 1, 2025,
EQB Consideration,
as ProposedThis rulemaking proposes to amend the coproduct regulations to ensure that the efficacy of a waste for a particular use and the consistency of the process by which the waste is generated is considered and adequately demonstrated as part of a coproduct demonstration. (Solid Waste Management Act) Chris Solloway
(717) 787-1791 csolloway@pa.govRevisions to the Nutrient Management Regulations
25 Pa. Code Chapter 83, Subchapters D and E
(# 7-581)Fall 2024, 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) Brady Seeley
(717) 772-4188 braseeley@pa.govDepartment of Health (DOH) Communicable and Noncommunicable Diseases 28 Pa. Code Chapter 27 March 2025, 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.
The proposed rulemaking is under development at DOH. DOH will be engaging in discussions with stakeholders in upcoming months.Neil Mahalingam
(717) 783-2500
Mason Myers
(717) 783-2500
Kirsten Waller
(717) 787-3350
Lisa McHugh
(717) 787-3350Clean Indoor Air Act (CIAA) May 2025, 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.
The proposed rulemaking is under development at DOH. DOH will be engaging in discussions with stakeholders in upcoming months.George Mitchell
(717) 783-2500
Will Sunday
(717) 783-6600Hospitals
28 Pa. Code Part IV,
Subpart BApril 2025, as Proposed The Department is proposing to make several updates to these regulations, incorporating policy measures related to telemedicine, hospital closure plan requirements and patient care coordination.
The proposed rulemaking is under development at DOH. DOH will be engaging in discussions with stakeholders in upcoming months.Sarah Kurish
(717) 783-2500
Jeanne Parisi
(717) 547-3067Newborn Safety Incubators May 2025, as Proposed Act 68 of 2017 permits hospitals, police stations or other entities employing or otherwise providing access to an emergency services provider to provide an incubator for the care of a newborn anonymously placed by a parent. The Department is required to promulgate regulations regarding the requirements for installation and registration of incubators installed under the Act.
The proposed rulemaking is under development at DOH. DOH will be engaging in discussions with stakeholders in upcoming months.Chris Gleeson
(717) 783-2500
Melissa Myers
(717) 787-9857Newborn Screening Regulations
28 Pa. Code Chapter 28March 2025, as Proposed The Department is proposing amendments to align with current practices and requirements from the Newborn Child Testing Act (35 P.S. §§ 621—624), the Newborn Child Pulse Oximetry Screening Act (11 P.S. §§ 878.1—878.5), The Infant Hearing Education, Assessment, Reporting and Referral (IHEARR) Act (11 P.S. §§ 876-1—876-9) and the CMV Education and Newborn Screening Act (35 P.S. §§ 10301—10306).
The proposed rulemaking is under development at DOH. DOH will be engaging in discussions with stakeholders in upcoming months.Keith Fickel
(717) 783-2500
Tara Trego
(717) 346-3000School Health, Vision Screening Tests and Exams 28 Pa. Code § 23.4 March 2025, as Proposed Act 122 of 2020 added requirements to the Public School Code of 1949 (P.L. 30, No. 14) for vision screening and examinations for school-age children and requires promulgation of regulations to establish vision screening standards based on instrument-based vision screening technologies or visual acuity testing.
The proposed rulemaking is under development at DOH.Neil Mahalingam
(717) 783-2500
Colleen Schultz
(717) 547-3048Department of Human Services (DHS)
Psychiatric Rehabilitation Services
55 Pa. Code Chapter 5230Summer 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 post-traumatic stress disorder, attention deficit hyperactivity disorder or anxiety disorders and amend outdated language throughout. Maeve Curley macurley@pa.gov Covered Outpatient Drugs
55 Pa. Code Chapters 1101, 1121, 1141, 1142 and 1144Fall 2024, as Final-Form 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. Maeve Curley macurley@pa.gov Payment for Certified Registered Nurse Anesthetists
55 Pa. Code Chapter 1150Fall 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). Maeve Curley macurley@pa.gov Protective Services for Adults 55 Pa. Code Chapter 15 Spring 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. Maeve Curley macurley@pa.gov Crisis Intervention Services (Licensure)
55 Pa. Code Chapter 5250Fall 2024, as Proposed This regulation codifies the minimum standards for the issuance of licenses to provide behavioral health crisis intervention services in the Commonwealth. Maeve Curley macurley@pa.gov Crisis Intervention Services (Payment)
55 Pa. Code Chapter 1350Fall 2024, as Proposed This regulation establishes the conditions for MA payment of crisis intervention services. Maeve Curley macurley@pa.gov Child Residential and Day Treatment Facilities
55 Pa. Code Chapters 3900, 3910 and 3920Fall 2024, as Proposed The Department is proposing to revise Chapter 3800 (relating to child residential and day treatment facilities) to clarify that Chapter 3800 does not apply to child residential facilities or secure residential and secure detention facilities for youth. Instead, the Department proposes to establish three new regulatory licensure chapters: Chapter 3900 (relating to child and youth facility requirements), Chapter 3910 (relating to child residential facilities) and Chapter 3920 (relating to secure residential and secure detention facilities for youth). Maeve Curley macurley@pa.gov Psychiatric Residential Treatment Facilities
55 Pa. Code Chapters 1330, 3800 and 5330Summer 2024, 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. Under the proposed rulemaking, these facilities will be licensed as psychiatric residential treatment facilities (PRTFs). Maeve Curley macurley@pa.gov Confidentiality of Records
55 Pa. Code Chapter 5100Fall 2024, as Proposed This regulation amends Chapter 5100 to be consistent with the HIPAA regulations for confidentiality of records and Act 32 of 2022. Maeve Curley macurley@pa.gov Nursing Facility Reimbursement
55 Pa. Code Chapters 1187 and 1189Summer 2024, as Proposed 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. Maeve Curley macurley@pa.gov General Provisions Scope and Copayment
55 Pa. Code Chapter 1101Fall 2024, as Proposed This proposed regulation amends the 1101 Chapter to bring current the general program provisions. Maeve Curley macurley@pa.gov Pennsylvania Insurance Department (PID)
Producer Licensing Modernization Regulatory Updates Fall 2024, as Final 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.
The regulation was published as proposed on May 11, 2024. Comments have been received and are being considered by PID.Caroline Beohm
Policy Director
(717) 787-0164Underground Storage Tank Indemnification Fund (USTIF) Regulations Summer 2024, as Proposed Amend regulation to clarify USTIF and TIIP eligibility requirements by incorporating Pennsylvania appellate court decisions and to also require that underground storage tanks be registered under Section 503 of the Tank Act within 60 days of when a release is confirmed.
The USTIF Board is anticipated to approve the publication of the regulation in proposed form at a special meeting to be scheduled in July 2024.Caroline Beohm
Policy Director
(717) 787-0164Rating on Unknown Risk Classifications Fall 2024, as Proposed Promulgate a new regulation to clarify the Department's interpretation that a rate is considered to be ''excessive, inadequate or unfairly discriminatory'' pursuant to state rate approval statutes if the insurer rates on an unknown risk classification. Conceptual regulatory provision and background provided to GPO. Regulation and preamble currently being drafted. Caroline Beohm
Policy Director
(717) 787-0164Repeal of Chapter 61 Fall 2024, possibly as Final-Omitted Repeal of Chapter 61 (Notices for and Appeals of Cancellations and Refusal to Renew Certain Automobile Insurance Policies). No regulations were implemented under Article XX of The Insurance Company Law of 1921 (40 P.S.
§§ 991.2001—991.2013) and the previous law under which Chapter 61 was promulgated was replaced by Article XX, Chapter 61 no longer has the force and effect of law as found in Cain v. Insurance Department, 811 A.2d 38 (Pa. Cmwlth. 2002); appeal denied 822 A.2d 705
(Pa. 2003).Caroline Beohm
Policy Director
(717) 787-0164Department of Labor and Industry (L&I) Flammable and Combustible Liquids
Title 34, Part I, Chapters 14 and 14a
Bureau of Occupational and Industrial SafetySpring 2025, as Proposed Update regulations based on Act 144 of 2012 and adopt requirements for storage and dispensing of compressed natural gas as vehicular fuel.
Status update: Preparation of reg package currently underway.Matthew Kegg
(717) 783-6304Bureau of Workers' Compensation
Title 34, Chapter 123
Subchapter B
Impairment RatingsFall 2024, as Final-Form Update regulations to reflect new statutory provisions and changes to the IRE process enacted by Act 111 of 2018.
Status update: Regulation # 12-117: Impairment Rating proposed rulemaking delivered to IRRC on 4/12/23 and subsequently published in PA Bulletin on 4/22/2023. Agency reviewing public comment and IRRC comment. Finalizing the final-form documents.Marianne Saylor
(717) 886-9001Uniform Construction Code Regulations
Title 34, Part I, Chapter 405 Bureau of Occupational and Industrial SafetyWinter 2024, as Proposed Update regulations related to lifting devices based on Act 68 of 2018 and adopt certification standards for third party inspection agencies.
Status update: Preparation of reg package currently underway. The annex has been drafted and a courtesy copy of the annex will be provided to the Elevator Safety Board, per their vote on a motion to review the annex before it goes through the formal regulatory process.Matthew Kegg
(717) 783-6304Sign Language Interpreter and Transliterator State Registration Act
Title 34, Part XV
Chapter 501
Office of Deaf and Hard of HearingSummer 2024, as Proposed Update regulations related to registration and examination of sign language interpreters.
Status update: Preparation of proposed reg package is complete at the agency-level and moving through necessary approvals.Melissa Hawkins
(717) 783-4912UCBR—Title 34, Chapter 101 (relating to the manner in which hearings shall be conducted and appeals filed) Fall 2024, as Proposed Update regulation based on implementation of the new UC Claims System, amendments to the UC statute and potential for virtual hearings.
Status update: Courtesy draft of proposed amendments have been sent to stakeholders and stakeholders provided comments on the courtesy draft. Regulatory documents have been drafted and are under review.Brian Parr
(717) 787-4857Services 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 34Summer 2025, 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 Human Services to L&I, Act 15 of 1999.
Status update: Under consideration.Dawn Sokol
(814) 871-4401Department of Military and Veterans Affairs (DMVA) Bureau of Veterans' Affairs
43 Pa. Code Chapter 9Spring 2024, Repeal The Department proposes to repeal its Persian Gulf Conflict Veterans Benefit Program. The Program was established by Act on April 24, 2006 (P.L. 91, No. 29). The current rules and regulations at Title 43 Pa. Code Chapter 9 were promulgated in 2008 to implement, administer and enforce the Act. Section 4(b) of the Act allowed the Department to accept applications through August 31, 2015. The Act of October 30, 2015 (P.L. 205, No. 50), amended this authority by extending the application period through August 31, 2018. The Act of October 30, 2015, also amended the expiration date, in section 12(e), to prohibit the issuance of bonds and notes funding the program after December 31, 2019. The Department accordingly ceased accepting applications for the benefit after August 31, 2018, and ceased issuing bonds and notes for the program after December 31, 2019. For these reasons, the rules and regulations at Chapter 9 are inoperable and proposed to be repealed with the chapter reserved. Proposed Final-Omitted # 13-7—Persian Gulf Conflict Veterans' Benefit Program Submitted on 6/18/2024 Ed Cherry
(717) 861-8503
DMVA Office of Chief CounselBureau of Veterans' Affairs
43 Pa. Code Chapter 5Spring 2024,
as ProposedThe 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) 861-8503Fort Indiantown Gap
43 Pa. Code (new Chapter)Fall 2025,
as ProposedFort 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.). Initial Stakeholder Outreach Ed Cherry
(717) 861-8503State Armory Board
43 Pa. Code Chapter 3Fall 2025,
as ProposedThe State Armory Board within the Department of Military and Veteran Affairs provides, equips, maintains, manages and regulates armories for the use of the Pennsylvania military forces. Department wishes to update regulatory authority since that reflect updates to the guidelines and functions of the Board. The statutory authority for these regulations Chapter 15 §§ 1501—1512 of the Military and Veterans Code (51 Pa.C.S.). Initial Stakeholder Outreach Ed Cherry
(717) 861-8503Municipal 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 2024,
as Proposed
Preparation of proposed rulemaking package underway.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. Captain Leslie Barr
(717) 705-7501Administration of Law Enforcement Background Investigations and Employment Information
Act 57 of 2020
(# 17-87)Fall 2024,
as Proposed
Preparation of proposed rulemaking package underway.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.Captain Leslie Barr
(717) 705-7501Administration of Mental Health Evaluations for Law Enforcement Officers
Act 59 of 2020
(# 17-88)Fall 2024, as Proposed
Preparation of proposed rulemaking package underway.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.Captain Leslie Barr
(717) 705-7501Pennsylvania Commission on Crime and Delinquency (PCCD) Sheriffs' and Deputy Sheriffs' Education and Training Program
37 Pa. Code Chapter 4212024, 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) 265-8517County Probation and Parole Officers' Firearm Education and Training Commission
37 Pa. Code Chapter 792024, 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) 265-8517Constables' Education and Training Board
37 Pa. Code Chapter 4312024, 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) 265-8517Crime Victims Compensation 37 Pa. Code Chapter 411 2024, 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) 265-8517Pennsylvania 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)
963.20Summer/Fall 2024, 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 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.Shawn W. Weis
(717) 783-6776(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.
(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)Winter 2024, as Proposed
Preparation of proposed rulemaking package developed. Awaiting Federal court ruling(s).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, 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. Captain Leslie Barr
(717) 705-7501Department of Revenue (DOR)
Corporate Net Income Tax
61 Pa. Code § 153.26a (Proposed Rulemaking)
Sales Factor Sourcing Sales of ServicesDecember 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. Jack Frehafer
(717) 346-4637Corporate Net Income Tax
61 Pa. Code Chapter 153 (Proposed Rulemaking) Business Income and Nonbusiness IncomeDecember 2024, as Final-Form 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 is proposing amendments to the CNIT regulations by adding § 153.24a (relating to business and nonbusiness income) due to legislative changes and further development of U.S. Constitutional case law interpreting the power of states to tax corporations under the Unitary Business Principle. Michael Vadner
(717) 346-4640Personal Income Tax
61 Pa. Code §§ 5.1 et. seq. (Proposed Rulemaking)
Amendments (Payment by Electronic Funds Transfer) Payment Methods for Obligations Due the CommonwealthDecember 2024, as Final-Form 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 is a complete revision and update of the existing Chapter. The proposed rulemaking prescribes the current rules, places and methods for remitting payments for obligations due the Commonwealth through the Department of Revenue. Allowable methods of payment will include cash, check and electronic funds transfer (EFT), such as ACH debit and credit, debit card, credit card and wire transfer. The regulation will also prescribe the types of obligations that must be remitted by EFT and the penalty for failure to remit by EFT when required. John Brenner
(717) 705-3906Department of State (DOS)
State Board of Accountancy Licensure by Endorsement
49 Pa. Code §§ 11.5a and 11.5b
(# 16A-5517)Fall 2024,
as ProposedThis 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. Miranda Murphy
(717) 214-8402General Revisions
49 Pa. Code §§ 11.16, 11.23a, 11.56, 11.57, 11.82 and 11.84—11.87
(# 16A-5519)Fall 2024,
as ProposedFirst, 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; requires licensees supervising, signing or authorizing another to sign an accountant's report for attest services to comply with the competency requirements; and fixes a typographical error. Third, the rulemaking amends the Board's regulations to implement continuous testing of the CPA Exam and to permit CPA test takers to retake a failed section of the CPA Exam without having 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. Miranda Murphy
(717) 214-8402State Architects Licensure Board Licensure by Endorsement
49 Pa. Code Chapter 9
(# 16A-4120)Fall 2024,
as ProposedThis 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) 783-3397General Revisions
49 Pa. Code Chapter 9
(# 16A-4112)Winter 2025,
as ProposedThe Board 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 the requirements for licensure by examination and for licensure by reciprocity. The proposed rulemaking will add provisions for licensure with a bachelor's degree from a regionally accredited program, an associate degree, a Broadly Experienced Architect and through reciprocal licensure. Other affected provisions include those related to inactive records, requirements for examination eligibility, adoption of the Architectural Experience Program (AXP®), application procedures related to experience and the verification thereof, reactivation of lapsed licenses and professional/corporate practice. The proposed rulemaking will also remove the rolling clock requirement which places a five-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) 783-3397State Board of Auctioneer Examiners Act 88 Amendments
49 Pa. Code Chapter 1
(# 16A-6410)Winter 2025,
as ProposedThe 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 and altered qualifications for auctioneers to include a combination of education and apprenticeship. This proposed rulemaking is needed to fully implement Act 88 of 2016. Terrie Kocher
(717) 783-3397Licensure by Endorsement
49 Pa. Code §§ 1.3, 1.27 and 1.28
(# 16A-6412)Summer 2024,
as FinalThis 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-form rulemaking package was delivered to IRRC on April 19, 2024, and unanimously approve at IRRC's June 20, 2024 public meeting. Terrie Kocher
(717) 783-3397State Board of Barber Examiners General Revisions
49 Pa. Code Chapter 3
(# 16A-429)Winter 2025,
as ProposedThe 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 and amend certain provisions related to minimum space and minimum equipment requirements. Sharona Evans
(717) 772-8538Licensure by Endorsement
49 Pa. Code §§ 3.16 and 3.17
(# 16A-4212)Fall 2024,
as ProposedThis 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) 772-8538State Board of Chiropractic Volunteer License
49 Pa. Code § 5.20
(# 16A-4321)Winter 2025,
as Final-OmittedThis final-omitted 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) 214-5702General Revisions
49 Pa. Code Chapter 5
(# 16A-4328)Winter 2025,
as ProposedThis proposed rulemaking would update the Board's regulations to include provisions related to government employee liability coverage and sexual misconduct. Statutory Authority: Section 302(3) of the Chiropractic Practice Act (63 P.S. § 625.302(3)) authorizes the Board to promulgate, adopt and enforce in the manner provided by law, the rules and regulations necessary to carry out this act. Shakeena Chappelle
(717) 214-5702Licensure by Endorsement
49 Pa. Code §§ 5.1, 5.11a, 5.13a and 5.13b
(# 16A-4334)Fall 2024,
as ProposedThis 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) 214-5702Schedule of Fees
49 Pa. Code § 5.6
(# 16A-4335)Summer 2024,
as FinalThis 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 final-form rulemaking was published on June 8, 2024 (54 Pa.B. 3152). Shakeena Chappelle
(717) 214-5702Commissioner 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)Summer 2024,
as FinalThis 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. The final-form regulation was approved by the Independent Regulatory Review Commission on June 20, 2024. Cynthia Montgomery
(717) 783-7200Hearings via Communication Technology
49 Pa. Code Chapter 43b
Subchapter D
§§ 43b.303 and 43b.304
(# 16A-67)Fall 2024,
as ProposedThis rulemaking is required to implement provisions of the act of Apr. 15, 2024 (P.L. 20, No. 5) (Act 5 of 2024) which amended 63 Pa.C.S. § 3105(b) (related to hearing examiners) and provides that a respondent in a disciplinary matter before a licensing board or licensing commission may appear in person or remotely via the use of ''communication technology'' for a hearing. Cynthia Montgomery
(717) 783-7200Bureau of Notaries, Commissions & Legislation Notaries Public
4 Pa. Code Part VIII
Subpart C
(# 16-61)Fall 2024,
as ProposedThe rulemaking implements the act of October 9, 2013 (P.L. 609, No. 73), which adopted the Revised Uniform Law on Notarial Acts (RULONA). The proposed regulation was submitted to the Governor's Office for internal review, as required by Executive Order 1996-1. Delivery to IRRC is expected by the 4th quarter of 2024. Martha Brown
(717) 783-0736State Board of Cosmetology Schedule of Civil Penalties
49 Pa. Code § 43b.5
(# 16A-4517)Winter 2025,
as ProposedThis 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) 783-3402Massage Therapists in Cosmetology or Esthetician Salons
49 Pa. Code Chapter 7
(# 16A-4518)Fall 2024,
as FinalThis 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. The proposed rulemaking was published on December 16, 2023; public comment ended on January 16, 2024; IRRC's comments were received on February 15, 2024. The final-form rulemaking is under consideration by the Board. Val Eaton
(717) 783-3402Licensure by Endorsement
49 Pa. Code Chapter 7
(# 16A-4521)Fall 2024,
as ProposedThis 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) 783-3402State Board of Crane Operators Licensure by Endorsement
49 Pa. Code §§ 6.16 and 6.17
(# 16A-7104)Summer 2024,
as FinalThis 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-form rulemaking package was unanimously approved at IRRC's public meeting on June 20, 2024. Jessica Harris
(717) 783-1404State Board of Dentistry Anesthesia Update
49 Pa. Code §§ 33.3, 33.115a and 33.331—33.344
(# 16A-4621)Winter 2025,
as ProposedThe 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.'' Jim Abels
(717) 783-7162Volunteer License
49 Pa. Code § 33.110
(# 16A-4625)Winter 2025,
as Final-OmittedThis final-omitted 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. Jim Abels
(717) 783-7162General Revisions
49 Pa. Code Chapter 33
(# 16A-4628)Winter 2025,
as ProposedThe 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. Jim Abels
(717) 783-7162Schedule of Civil Penalties—
Dentists, Dental Hygienists and EFDAs
49 Pa. Code § 43b.14a
(# 16A-4630)Winter 2025,
as ProposedThis 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. Jim Abels
(717) 783-7162Licensure by Endorsement
49 Pa. Code §§ 33.107a and 33.107b
(# 16A-4635)Fall 2024,
as ProposedThis 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 package is being reviewed by the Office of Attorney General (OAG); pending OAG approval, delivery of the proposed rulemaking is expected by Fall of 2024. Jim Abels
(717) 783-7162Opioid Prescribing and Education
49 Pa. Code Chapter 33
(# 16A-4637)Winter 2025,
as ProposedThe 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. Jim Abels
(717) 783-7162State Board of Funeral Directors Licensure by Endorsement
49 Pa. Code §§ 13.1 and 13.78—13.79
(# 16A-4832)Fall 2024,
as ProposedThis 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) 214-7781General Revisions
49 Pa. Code Chapter 13
(# 16A-4833)Winter 2025,
as ProposedThe State Board of Funeral Directors has undertaken a comprehensive review of its current regulations in an effort to update obsolete and incomplete provisions, to revise them to conform with current practices and to be consistent with the Funeral Director Law. This proposed rulemaking implements updates to current practices of the Board with respect to continuing education enforcement, LLCs, renewal and reactivation of funeral establishment licenses, business records and the 10-day hold rule. J. Leslie Warner
(717) 214-7781Food and Beverages
49 Pa. Code Chapter 13
(# 16A-4834)Fall 2024,
as ProposedThis rulemaking codifies a prior statement of policy setting forth the Board's interpretation and application of § 13.183 (relating to food and beverages). The rulemaking will clarify that, other than water, food and beverages may not be served in any part of the funeral establishment where the professional practice of funeral directing is conducted. This would include any area which is used in the care and disposition of the human dead or in the practice of disinfecting and preparing by embalming the human dead. It would also include any room in which human remains or cremated remains are placed for viewing, visitation or services. The prohibition, therefore, would not prohibit the serving of food or beverages in a separate ''hospitality room'' or ''lounge'' or any other area where the practice of funeral directing does not occur. J. Leslie Warner
(717) 214-7781State Board of Landscape Architects General Revisions
49 Pa. Code Chapter 15
(# 16A-6111)Winter 2025,
as ProposedThe State Board of Landscape Architects has undertaken a comprehensive review of its current regulations in an effort to update obsolete and incomplete provisions, to revise them to conform with current practices and to be consistent with the Landscape Architects Registration Law. This proposed rulemaking implements updates to current practices of the Board with respect to qualifications and experience, examinations and continuing education. Terrie Kocher
(717) 772-8528Schedule of Civil Penalties—Landscape Architects
49 Pa. Code Chapter 43b
(# 16A-6120)Winter 2025,
as ProposedThis 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. Terrie Kocher
(717) 772-8528Licensure by Endorsement
49 Pa. Code Chapter 15
(# 16A-6121)Fall 2024,
as ProposedThis 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. Terrie Kocher
(717) 772-8528State Board of Massage Therapy Child Abuse Reporting Requirements
49 Pa. Code Chapter 20
(# 16A-722)Fall 2024,
as ProposedThis 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) 783-7155General Revisions
49 Pa. Code §§ 20.1—20.54
(# 16A-725)Winter 2025,
as ProposedThis 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) 783-7155Massage Therapists in Cosmetology or Esthetician Salons
49 Pa. Code Chapter 20
(# 16A-726)Fall 2024,
as FinalThis 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. The proposed rulemaking was published on December 16, 2023. The Board is drafting the final-form rulemaking. Paul Keller
(717) 783-7155Licensure by Endorsement
49 Pa. Code Chapter 20
(# 16A-727)Fall 2024,
as ProposedThis 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) 783-7155Virtual Education
49 Pa. Code Chapter 20
(# 16A-728)Fall 2024,
as ProposedThis 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) 783-7155Schedule of Fees
49 Pa. Code Chapter 20
(# 16A-729)Fall 2024,
as ProposedThe 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) 783-7155State Board of Medicine Volunteer License
49 Pa. Code Chapter 16
(# 16A-4934)Winter 2025,
as Final-OmittedThis final-omitted 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) 783-4852Status Change and Continued Competency
49 Pa. Code Chapter 16
(# 16A-4945)Winter 2025,
as ProposedThis 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) 783-4852Fees
18 Pa. Code § 16.13
(# 16A-4951)Spring 2025,
as ProposedThe 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. Statutory Authority: Section 6(a) of the Medical Practice Act of 1985 (63 P.S. § 422.6(a)) authorizes the setting of fees by regulation. Saiyad Ali
(717) 783-4852Physician Assistants
49 Pa. Code Chapter 18
(# 16A-4955)Winter 2025,
as FinalThis 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. The proposed rulemaking was published on December 16, 2023; The Board is drafting the final rulemaking; delivery of same is expected the 1st quarter of 2025. Saiyad Ali
(717) 783-4852Licensure by Endorsement
49 Pa. Code Chapter 17
(# 16A-4958)Fall 2024,
as FinalThis 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 final-form regulation was submitted to the Governor's Office for internal review, as required by Executive Order 1996-1. Delivery to IRRC is expected by the Fall of 2024. Saiyad Ali
(717) 783-4852Opioid Prescribing and Education
49 Pa. Code Chapter 16
(# 16A-4960)Fall 2024,
as ProposedThe 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. Saiyad Ali
(717) 783-4852Opioid Treatment Programs
49 Pa. Code Chapter 16
(# 16A-4962)Fall 2024,
as Final-OmittedThis regulation would amend § 16.92(b) to reflect the Federal regulations at 42 CFR 8.12 with regard to physical examinations and would provide that the initial physical examination may be conducted by means of telehealth for those patients being admitted for treatment of opioid use disorder at an opioid treatment program (OTP) provided that the provider determines that an adequate evaluation of the patient can be accomplished via telehealth and a full in-person physical examination is completed within 14 days after admission to the OTP. Saiyad Ali
(717) 783-4852State Board of Examiners of Nursing Home Administrators Child Abuse Reporting Requirements
49 Pa. Code Chapter 39
(# 16A-6218)Fall 2024,
as ProposedThis 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) 783-7142Licensure by Endorsement
49 Pa. Code § 39.8a
(# 16A-6220)Winter 2025,
as ProposedThis 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) 783-7142State Board of Nursing Volunteer License
49 Pa. Code Chapter 21,
Subchapter F §§ 21.601—21.607
(# 16A-5139)Winter 2025,
as Final-OmittedThis final-omitted 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) 783-7142Nursing Education Programs
49 Pa. Code Chapters 21 and 33
(# 16A-5141)Fall 2024,
as ProposedThis 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. The final-form regulation was submitted to the Governor's Office for internal review, as required by Executive Order 1996-1. Delivery to IRRC is expected by the Fall of 2024. Cindy Miller
(717) 783-7142Licensure by Endorsement and Reactivation
49 Pa. Code §§ 21.30a, 21.156a and 21.1101—
21.1104
(# 16A-5143)Fall 2024,
as FinalThis 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. On January 25, 2024, the Board has drafted the final-form regulation and submitted it to the Governor's office for internal review, as required by Executive Order 1996-1. Delivery of same to IRRC is expected during the 4th quarter of 2024. Cindy Miller
(717) 783-7142CRNA Licensure
49 Pa. Code Chapter 21
(# 16A-5145)Winter 2025,
as ProposedThis proposed rulemaking will add certification and scope of practice provisions for certified registered nurse anesthetists (CRNAs) 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) 783-7142Opioid Prescription and Education and Organ Donation Education
49 Pa. Code Chapter 21
(# 16A-5146)Winter 2025,
as FinalThis 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). The proposed rulemaking was published on September 16, 2023 (53 Pa.B. 5776); public comment ended on October 16, 2023; on November 15, 2023, IRRC notified the Board that it had no comments. Final regulatory package underwent the necessary review by the Governor's office required by Executive Order 1996-1. Delivery to IRRC will occur in conjunction with other similar regulatory packages during the 1st quarter of 2025. Cindy Miller
(717) 783-7142State Board of Optometry Volunteer License
49 Pa. Code § 23.26
(# 16A-5214)Winter 2025,
as Final-OmittedThis final-omitted 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) 214-5702Opioid Prescribing and Education
49 Pa. Code Chapter 23
(# 16A-5219)Winter 2025,
as ProposedThe 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. Shakeena Chappelle
(717) 214-5702Continuing Education
49 Pa. Code Chapter 23
(# 16A-5217)
Winter 2025,
as ProposedThe proposed regulation will clarify regulations governing its continuing education standards. Shakeena Chappelle
(717) 214-5702State Board of Osteopathic Medicine Volunteer License
49 Pa. Code Chapter 25, Subchapter L §§ 25.601—25.607
(# 16A-5323)Winter 2025,
as Final-OmittedThis final-omitted 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) 346-1188Licensure by Endorsement and Licensure Requirements
49 Pa. Code Chapter 25
(# 16A-5336)Winter 2025,
as FinalThis 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. Proposed regulation was published on May 18, 2024. Public comment ended on June 17, 2024; IRRC's comments are due by July 17, 2024. Priscilla Turek
(717) 346-1188Opioid Prescribing and Education
49 Pa. Code Chapter 25
(# 16A-5337)Winter 2025,
as ProposedThis 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. Priscilla Turek
(717) 346-1188State Board of Pharmacy General Revisions
49 Pa. Code Chapter 27
(# 16A-5427)Winter 2025,
as ProposedThis proposed rulemaking would update the Board's regulations relating to standards of practice for pharmacists. Additionally, the regulation would amend application procedures to increase efficiency and incorporate several Federal provisions to provide clarity for licensees and the general public. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P.S. § 390-6(k)(9). Christina Townley
(717) 783-4862Child Abuse Reporting Requirements
49 Pa. Code Chapter 27
(# 16A-5430)Fall 2024,
as ProposedThis 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. Christina Townley
(717) 783-4862Licensure by Endorsement
49 Pa. Code §§ 27.25a and 27.25b
(# 16A-5432)Fall 2024,
as ProposedThis 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) 783-4862Pharmacy Technicians
49 Pa. Code Chapter 27
(# 16A-5433)Fall 2024,
as FinalThis 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). The proposed regulation was delivered to IRRC on Feb. 21, 2024, and published in the Pa. Bulletin on March 2, 2024. The Board is drafting the final-form regulation. Christina Townley
(717) 783-4862Immunizations
49 Pa. Code Chapter 27
(# 16A-5434)Winter 2025,
as Final-OmittedThis 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 five 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. Christina Townley
(717) 783-4862ABC-MAP Opioid Education
49 Pa. Code § 25.271(c)
(# 16A-5435)Winter 2025,
as ProposedThe 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). Christina Townley
(717) 783-4862State Board of Physical Therapy Education; Continuing Education
49 Pa. Code Chapter 40
(# 16A-6519)Winter 2025,
as ProposedThis 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) 783-7134Early Exam and CE for Clinical Instruction
49 Pa. Code Chapter 40
(# 16A-6522)Fall 2024,
as FinalThis 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. Proposed rulemaking published on January 27, 2024 (54 Pa.B. 383). The Board is drafting the final-form rulemaking. Michelle Roberts
(717) 783-7134Licensure by Endorsement
49 Pa. Code Chapter 40
(# 16A-6523)Fall 2024,
as ProposedThis 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) 783-7134State Board of Podiatry Sexual Misconduct
49 Pa. Code Chapter 29
(# 16A-448)Fall 2024,
as ProposedThis proposed regulation would define and prohibit sexual behavior with patients and sexual exploitation. Statutory Authority: Section 15 of the Podiatry Practice Act (63 P.S. § 45.15) authorizes the Board to make such reasonable rules and regulations as it deems necessary and proper in order to carry out the intent and purposes of this act within the scope of this act. Priscilla Turek
(717) 346-1188Authority to Perform Acupuncture
49 Pa. Code Chapter 29
(# 16A-449)Winter 2025,
as ProposedThis regulation is required to regulate the practice of acupuncture by podiatrists under the Acupuncture Licensure Act. Statutory Authority: Section 3(b) of the Acupuncture Licensure Act (63 P.S. § 1803). Priscilla Turek
(717) 346-1188Volunteer License
49 Pa. Code Chapter 29 § 29.55
(# 16A-4411)Winter 2025,
as Final-OmittedThis final-omitted 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) 346-1188Child Abuse Reporting Requirements
49 Pa. Code §§ 29.91—29.97
(# 16A-4412)Summer 2024,
as FinalThis 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. The final-form rulemaking is on IRRC's agenda for its August meeting. Priscilla Turek
(717) 346-1188Opioid Prescribing and Education
49 Pa. Code Chapter 29
(# 16A-4418)Winter 2025,
as ProposedThe 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) 346-1188Licensure by Endorsement and Qualifications for Licensure
49 Pa. Code Chapter 29
(# 16A-4419)Fall 2024,
as ProposedThis 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) 346-1188Performance of Radiographic Procedures by Auxiliary Personnel
49 Pa. Code Chapter 29
(# 16A-4420)Fall 2024,
as ProposedThe 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) 346-1188State Board of Psychology Continuing Education
49 Pa. Code § 41.59
(# 16A-6317)Fall 2024,
as ProposedThe 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. Statutory Authority: Section 15 of the Professional Psychologists Practice Act
(63 P.S. § 1215) authorizes the Board to promulgate regulations relating to continuing education.Thomas Leech
(717) 783-7142General Revisions
49 Pa. Code § 41.31
(# 16A-6320)Winter 2025,
as ProposedThis 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). Initial stakeholder outreach conducted; preparation of proposed rulemaking package currently underway. Thomas Leech
(717) 783-7142Volunteer License
49 Pa. Code Chapter 41
(# 16A-6323)Winter 2025,
as ProposedThis 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) 783-7142Accreditation
49 Pa. Code §§ 41.1 and 41.31
(# 16A-6327)Fall 2024,
as ProposedThis proposed rulemaking increases acceptable accreditation programs to add PCSAS (Psychological Clinical Science Accreditation System). Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act (act) (63 P.S. § 1203.2(2)) authorizes the Board to adopt and, from time to time, revise such rules and regulations and policies not inconsistent with the law as may be necessary to carry into effect the provisions of this act. Section 6(a)(1) of the act requires applicants to have graduated from an accredited college or university. The proposed rulemaking is undergoing review as required by Executive Order 1996-1. Delivery to IRRC expected in the 4th quarter of 2024. Thomas Leech
(717) 783-7142State Board of Certified Real Estate Appraisers Licensure by Endorsement
49 Pa. Code §§ 36.226 and 36.227
(# 16A-7024)Winter 2025,
as ProposedThis 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. Kristel Hennessy Hemler
(717) 214-7779Schedule of Fees
49 Pa. Code § 36.6
(# 16A-7025)Winter 2025,
as ProposedThe 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 has drafted the proposed rulemaking but is evaluating changes in fiscal status and will determine whether amendments to the fee package are warranted. Kristel Hennessy Hemler
(717) 214-7779General Revisions
49 Pa. Code §§ 458.1—458.16
(# 16A-7026)Winter 2025,
as ProposedThis 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 2nd Quarter 2024. Kristel Hennessy Hemler
(717) 214-7779Broker Price Opinions
49 Pa. Code § 36.434
(# 16A-7027)Winter 2025,
as ProposedThis 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 Hennessy Hemler
(717) 214-7779Distance 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 2024,
as FinalThe 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 (i.e., mentors) who will review the appraiser training material, provide support and track the candidate's progress. Proposed regulation was delivered to IRRC on June 3, 2024. The proposed regulation is scheduled to be published on June 29, 2024. The Board will begin drafting the final rulemaking after the public comment period and any comments from IRRC are received.Kristel Hennessy Hemler
(717) 214-7779State Real Estate Commission General Revisions
49 Pa. Code Chapter 35
(# 16A-5616)Fall 2024,
as ProposedThe 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) 772-8542Licensure by Endorsement
49 Pa. Code § 35.230
(# 16A-5625)Fall 2024,
as ProposedThis 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) 772-8542Broker Price Opinions
49 Pa. Code Subchapter J
(# 16A-5626)Winter 2025,
as FinalThe 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) 772-8542State Board of Social Workers, Marriage and Family Therapists and Professional Counselors General Revisions
49 Pa. Code Chapters 47—49
(# 16A-6923)Fall 2024,
as ProposedThe 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.KaVaughn Webb
(717) 783-1389Volunteer License
49 Pa. Code Chapter 41
(# 16A-6924)Winter 2025,
as ProposedThis 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. KaVaughn Webb
(717) 783-1389Licensure by Endorsement
49 Pa. Code Chapters 47—49
(# 16A-6925)Winter 2025,
as ProposedThis 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. KaVaughn Webb
(717) 783-1389State Board of Examiners in Speech-Language Pathology and Audiology Licensure by Endorsement
49 Pa. Code §§ 45.601—
45.604
(# 16A-6808)Fall 2024,
as FinalThis 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. Shakeena Chappelle
(717) 783-1389State Board of Veterinary Medicine Euthanasia
49 Pa. Code Chapter 31
(# 16A-5726)Summer 2024,
as FinalThis 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 final-form regulation was approved by IRRC at its meeting on June 20, 2024.Michelle Roberts
(717) 783-7134Licensure by Endorsement
49 Pa. Code Chapter 31
(# 16A-5730)Fall 2024,
as ProposedThis 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) 783-7134Continuing Education
49 Pa. Code Chapter 31
(# 16A-5731)Fall 2024,
as ProposedThis 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. Statutory Authority: 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. Section 18 of the Veterinary Medicine Practice Act (63 P.S. § 485.18) authorizes the Board to promulgate regulations relating to continuing education. Michelle Roberts
(717) 783-7134Fees
49 Pa. Code Chapter 31
(# 16A-5732)Fall 2024,
as FinalThe 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). The proposed rulemaking was delivered on June 12, 2024, and is scheduled to be published on June 29, 2024. The Board will begin drafting the final-form rulemaking after the public comment period and any comments from IRRC are received. Michelle Roberts
(717) 783-7134Department of Transportation (DOT)
Access to and Occupancy of Highways by Driveways and Local Roads
67 Pa. Code Chapter 441Fall 2024 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) 783-6080Vehicle Equipment and Inspection
67 Pa. Code Chapter 175Fall 2024 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) 346-1907Mid-cabin Cameras in School Buses
67 Pa. Code Chapter 171Fall 2024
Reg Package being draftedThis rulemaking will allow and provide requirements on the installation of mid-cabin cameras to be placed in school buses. Angelia Gillis
(717) 346-1907Mental/Emotional Regulations
67 Pa. Code Chapter 83Fall 2024
Reg Package being draftedThe 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) 346-1907Seizure Disorder
67 Pa. Code Chapter 83Fall 2024
Reg Package being draftedThe Department will be promulgating a regulation to rewrite Chapter 83.4 to amend that a person must be seizure-free for at least six months immediately preceding a seizure to three months immediately preceding a seizure. Angelia Gillis
(717) 346-1907New School Bus Side Stop Arm Enforcement Systems Fall 2024 Temporary Regulation Complete Final Regulation being drafted Amendments required by Act 19 of 2023 related to 67 Pa. Code § 171a.
Temporary Regulation to be promulgated within 3 years (expires within 5) and to be replaced with final regulation.Jason Bewley
(717) 783-3981
Doug Tomlinson
(717) 787-3657New Yellow Flashing or Revolving Lights on a School Vehicle
67 Pa. Code Chapter 171Fall 2024
Reg Package being draftedThe Department has proposed amendments to this regulation authorizing school vehicles the option to be equipped with a permanently affixed or removable yellow flashing or revolving light. Angelia Gillis
(717) 346-1907Office of Administration (OA)
Office of Administration
Civil Service Reform
4 Pa. Code Chapters 608—615Spring 2024, as Proposed
Spring 2025, as FinalThis 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. Anthony Holbert
(717) 783-2590Pennsylvania 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—717Spring 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). Kelly Primus
(717) 982-4002
Updates:
• Continued actively collecting stakeholder feedback on regulatory reform needs as part of the Phase II Stakeholder Engagement Tour around the Commonwealth 1/1/2024—Ongoing. • Sent a brief Microsoft Forms regulatory reform survey to Listserv group of stakeholders seeking feedback, priorities, solutions and volunteers for work groups in 3/2024. Received over 300 responses. Developed regulatory reform themes and will have a time-limited work group for each.
Determined first, pilot work group will focus on staff (requirements, credentials, etc.) and will begin in July 2024. Developed the Work Group Charter and Work Group Ground Rules 5/3/2024—6/6/2024. Working on Work Group participant list (20 stakeholders) and sending out invites.Department of Community and Economic Development (DCED) Industrial Housing and Components
12 Pa. Code Chapter 145
(# 4-100)
IRRC # 3382Fall of 2024, 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. The proposed rulemaking package was submitted to IRRC on September 5, 2023. The public comment closed on October 16, 2023, with no comments having been received. However, subsequent to the comment deadline one supportive comment was received from Mary Gaiski, Exec. Vice Pres of the PA Manufactured Housing Association. We received one comment from the IRRC. The final regulation must be promulgated by October 16, 2025. Jaime Black
(717) 720-7427 jaiblack@pa.govDepartment of General Services (DGS)
Amendments to General Provisions; Allocations of Parking Permits
4 Pa. Code Chapter 71 Commonwealth Parking FacilitiesDecember 2024, as Final-Omitted The Department is proposing to increase the violation fees from $5.00 to $30.00. This will align with Harrisburg City's fee amounts and deter misuse of Commonwealth parking spaces. The rulemaking will also update sections to better mirror current procedures concerning parking facilities. This proposed rulemaking primarily affects Commonwealth Employees, thus pursuing as final-omitted. Preparation of proposed rulemaking package currently underway. Juan Ruiz
(717) 787-6789Pennsylvania Emergency Management Agency (PEMA)
No regulations being developed or considered at this time.
[Pa.B. Doc. No. 24-1043. Filed for public inspection July 19, 2024, 9:00 a.m.]
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