[31 Pa.B. 711]
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Regulation Being Proposed Date Agency Considered of Promulgation Need and Legal Basis for Action Contact STATE State Athletic Commission 58 Pa. Code, Chapter 21 (16-17) Summer 2001, as final. Comprehensive revisions to 58 Pa. Code will reflect statutory changes to the Pennsylvania Athletic Code and changes in commission procedures. The regulations will be promulgated pursuant to the Pennsylvania Athletic Code (5 Pa.C.S.A. § 101 et. seq.). Greg Sirb
(717) 787-5720Navigation Commission for the Delaware River and Its Navigable Tributaries
13 Pa. Code, Ch. 201--209. (16A-662)Fall 2001 as final. Proposed comprehensive revisions will enhance navigational safety, eliminate obsolete regulations and reflect statutory changes pursuant to 55 P. S. § 31 and 71 P. S. § 670.2(4). L. Lawrence Boyle
(717) 787-6458State Board of Auctioneer Examiners Schedule of Fees - 49 Pa. Code § 1.41. (16A-644)
Spring 2001, as final.
The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 734.6.
Linda Dinger
(717) 783-3397Examination Fees 49 Pa. Code § 1.41. (16A-645) Spring 2001, as final. The regulation updates the Board's examination fee. Statutory authority: 63 P. S. § 734.6(a) State Board of Barber Examiners--General Revisions 49 Pa. Code, Chapter 3. (Number not yet assigned.) February 2001, as proposed. The Board proposes to revise and update its entire chapter and repeal antiquated provisions. Statutory authority: 63 P. S. § 566.4(b). Sara Sulpizio
(717) 783-3402State Board of Cosmetology Application Fees 49 Pa. Code § 7.2. (16A-458)
June 2001, as final.
The regulation amends the Board's fee schedule by revising fees to reflect the actual cost incurred by the Board to provide the following services: licensure of cosmetologist, manicurist or cosmetician; licensure of cosmetology, manicurist or cosmetician shop; licensure of cosmetology school, licensure by reciprocity; registration of cosmetology apprentice; approval of cosmetology school supervisor; change in cosmetology shop (inspection required); and reinspection of cosmetology shop. New fees are added to include reinspection of cosmetology school; certification of student or apprentice training hours; certification of examination scored; and verification of licensure, registration permit or approval. Statutory authority: 63 P. S. § 522(a). Sara Sulpizio Delete Exam Fees 49 Pa. Code § 7.2 (16A-460) June 2001, as final.
The regulation will amend the Board's fee schedule by deleting references to examination fees, which are determined by contract.
(717) 783-7130General Revisions 49 Pa. Code §§ 7.1 et. seq.
December 2001, as proposed.
The Board plans a comprehensive amendment to Chapter 7 to bring existing regulations up to date and to clarify requirements for sanitation and the provisions of advanced anesthetic services. State Architects Licensure Board--Biennial Renewal Fees 49 Pa. Code § 9.3. (16A-415) Winter 2001, as final. The regulation will adjust the biennial renewal fees for architects to reflect actual Board costs and to fix the fees to match Board revenues with expenditures. Statutory authority: 63 P. S. § 34.11. Dorna Thorpe
(717) 783-1404State Board of Accountancy--General Revisions 49 Pa. Code, Chapter 11. (16A-559) March 2001, as proposed. The regulations repeal outdated and unnecessary requirements; clarify certain issues relating to examination, certification and practice; and make editorial changes. Statutory authority: 63 P. S. § 9.3(10)-(12). Dorna Thorpe
(717) 783-1404State Board of Funeral Directors--Application/Certification/Verification/ Reinspection Fees 49 Pa. Code § 13.12. (16A-482)
Winter 2001, as proposed.
The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: Section 18.1 of the Funeral Director Law, act of January 14, 1952(P. L. 1951-1898, No. 522), as amended, 63 P. S. § 479.18.1.
Cheryl Lyne
(717) 783-3397Unprofessional Conduct 49 Pa. Code § 13.201, 202. (Number not yet assigned.)
Summer 2001, as proposed
The amendment adds to the Board's standards of practice and conduct. Section 16(a) of the Act, 63 P. S. § 479.16(a).
General Regulation Update 49 Pa. Code § 13.1 et. seq. (Number not yet assigned.)
Summer 2001, as proposed.
These amendments update the Board's regulation to reflect current regulatory practice. Section 16(a) of the Act, 63 P. S. § 419.16(a).
State Board of Landscape Architects Application Fees 49 Pa. Code §§ 15.12, 15.57. (16A-615)
Spring 2001, as final.
The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Section 5 of the Law, 63 P. S. § 905, requires the Board to adopt fees by regulation to match Board revenues with expenditures.
Shirley Klinger
(717) 772-8528Examination Fees 49 Pa. Code § 15.12 (16A-616)
Spring 2001, as final.
The regulation will update the Board's examination fee. Statutory authority: 63 P. S. § 904(2).
State Board of Medicine--General Delegation 49 Pa. Code, Ch. 16. (16A-4912)
Summer 2001, as proposed.
This regulation would establish standards for the delegation of medical services to qualified personnel. Statutory authority, Section 17(b) of the Medical Practice Act, 63 P. S. § 422.17(b).
Cindy Warner
(717) 783-1400Fees 49 Pa. Code §§ 16.13, 16.17, 18.303. (16A-4910)
Winter 2001, as final.
The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. The Board has authority to adopt such regulation under Section 6 of the Medical Practice Act, 63 P. S. § 422.6.
State Board of Vehicle Manufacturers, Dealers and Salespersons--Consignment Sales 49 Pa. Code § 19.19. (16A-601)
Winter 2001, as proposed.
This regulation sets forth the standards by which dealers may engage in consignment sales. Section 4(9) of the Board of Vehicles Act, Act of December 22, 1983 (P. L. 306, No. 84), as amended, 63 P. S. § 818.4(9).
Teresa Woodall
(717) 783-1697General Revisions 49 Pa. Code § 19.1 et. seq. (16A-602)
Summer 2001, as proposed.
This regulation would update the Board's regulations consistent with the 1996 amendments to the Board of Vehicles Act. Section 4(9) of the Act, 63 P. S. § 818.4(9).
Auction License 49 Pa. Code § 19.21 (16A-603)
Summer 2001, as proposed.
This regulation would set out standards for licensure as a vehicle auction, a new category of licensure created by the 1996 amendments to the Board of Vehicles Act. Section 4(9) of the Act, 63 P. S. § 818.4(9).
Display Requirements 49 Pa. Code § 19.18 (16A-604)
Summer 2001, as proposed.
This regulation would set out criteria by which a sales lot would be distinguished from a display lot and would permit the display of up to five vehicles in a non-conforming display area. Section 4(9) of the Act, 63 P. S. § 818.4(9).
State Board of Nursing-- RN General Revisions 49 Pa. Code §§ 21.1-- 21.126. (16A-516)
January 2001, as proposed.
These regulations will update or repeal outdated provisions pertaining to registered nurses and consolidate all regulatory provisions pertaining to registered nurse education programs. Revisions to the regulations are authorized by Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
Ann Steffanic
(717) 783-7142
LPN General Revisions 49 Pa. Code §§ 21.141-- 21.234. (16A-519)
Summer 2001, as proposed.
These regulations will update or repeal outdated provisions pertaining to licensed practical nurses and consolidate all regulatory provisions pertaining to practical nurse education programs. Revisions to the Practical Nurse Law are authorized under Section 17.6, 63 P. S. § 667.6. Ann Steffanic
(717) 783-7142
Conscious Sedation 49 Pa. Code § 21.14 (16A-5114)
Spring 2001, as proposed.
This regulation embodies the statement of policy on conscious sedation at 49 Pa. Code § 21.413(d). Authority under 2.1(k), 63 P. S. § 212.1(k) of the Professional Nursing Law.
Oral Orders 49 Pa. Code §§ 21.14; 21.145 (16A-5115)
Spring 2001, as proposed.
This regulation permits LPNs to accept oral orders in non-exigent circumstances. Authority under 2.1(k), 63 P. S. § 212.1(k) of Professional Nursing Law and Section 17.6, 63 P. S. § 667.6 of the Practical Nurse Law.
State Board of Nursing-- CRNP Programs 49 Pa. Code §§ 21.260-278; 286-289 (Number not yet assigned.)
Fall 2001 as proposed.
This regulation establishes requirements for CRNP education programs approved by the Board. Authority under Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
CRNP Prescriptive Authority Fees 49 Pa. Code § 21.253. (Number not yet assigned.)
Spring 2001 as proposed.
This regulation revises the Board's schedule of fees to reflect the actual cost of the services provided. These regulations are authorized under Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2.
State Board of Osteopathic Medicine Sexual Misconduct 49 Pa. Code, Chapter 25. (Number not yet assigned.) Fall 2001 as proposed. Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts which the Board deems unprofessional. The Board has authority to adapt regulations necessary to carry out the act under Section 16 of the Act, 63 P. S. § 271.16. Gina Bittner
(717) 783-4858State Board of Podiatry-- Application Fees 49 Pa. Code, Chapter 29. (16A-444) Winter 2001, as proposed. This regulation apportions costs of providing Board services to specific applicants and licensees and eliminates references to exam fees. Statutory authority, 63 P. S. § 42.15. Gina Bittner
(717) 783-4858State Board of Veterinary Medicine--Continuing Education Requirements- 49 Pa. Code § 31.15. (16A-5711)
Spring 2001, as final.
This regulation will limit the number of continuing education credits that may be earned from individual instruction programs.
Robert Kline
(717) 783-1389Prescription Drugs 49 Pa. Code § 31.21 Principle 8. (16A-5712)
Summer 2001, as proposed.
This regulation will require veterinarians to meet specified standards regarding dispensing, packaging and labeling of prescription drugs and will mandate that veterinarians use only current, unexpired drugs.
Eliminate Examination Fees 49 Pa. Code §§ 31.3,.11,.32-.35,.41 (16A-5713)
December 2000 as proposed.
This regulation would eliminate references to the fee charged by the national testing organization for the national licensure examination. The regulation would also clarify issues regarding the impact of past criminal history on applicants for licensure as animal health technicians.
State Board of Dentistry- Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia 49 Pa. Code §§ 33.331-33.344. (Number not yet assigned.)
June 2001, as proposed
This regulation amends requirements for administration of anesthesia/analgesic in response to a recent Commonwealth Court case and legislative concerns. Section 3(o) of the Dental Law, 63 P. S. § 122(o).
Lisa Burns
(717) 783-7162Sexual Misconduct - 49 Pa. Code, Chapter 33. (Number not yet assigned)
December 2001, as proposed.
Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Section 3(o) of the Dental Law, 63 P. S. § 122(o).
Application Fee for Dental Radiology - 49 Pa. Code, Chapter 33. (Number not yet assigned)
June 2001, as final
This regulation will amend the Board's fee schedule to reflect the actual cost incurred by the Board to authorize applicants to perform radiologic services.
State Real Estate Commission - General Revisions - Agency Disclosures - 49 Pa. Code, Chapter 35. (16A-568) Spring 2001, as final. This regulation will implement the requirements of Act 112 of 1998 pertaining to agency relationships. Statutory authority: 63 P. S. § 455.404. Debra Sopko
(717) 783-3658State Board of Certified Real Estate Appraisers-- Experience Options for Certification, Duties of Supervising Appraiser 49 Pa. Code §§ 36.13 and 36.14. (16A-706)
March 2001, as proposed.
The regulations revise qualifying experience for certification as an appraiser; impose supervisory and record-keeping duties on appraisers who supervise appraisal assistants; and require appraisal reports submitted as qualifying experience to conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulations are consistent with standards established for state appraiser boards by the federal Appraiser qualification Board (AQB). Statutory authority: 63 P. S. § 457.5(2).
Cheryl Lyne
(717) 783-3397Standards of Practice 49 Pa. Code § 36.51. (16A-709, soon to be resubmitted as 16A-7012)
March 2001, as proposed. (Resubmission; earlier version of regulation was withdrawn in June 2000.)
The regulation requires all certified general appraisers, residential appraisers and broker/appraisers to comply with the USPAP unless the Board has adopted supplemental practice standards. Statutory authority: 63 P. S. § 457.5(2).
Fees 49 Pa. Code § 36.6. (16A-7011)
May 2001, as final.
The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 457.9.
State Board of Examiners of Nursing Home Administrators--Continuing Education 49 Pa. Code §§ 39.31--39.71. (16A-623)
Winter 2001, as final.
The regulation will amend and clarify the continuing education requirement in Section 9 of the Nursing Home Administrators License Act, 63 P. S. § 1109.
Melissa Wilson
(717) 783-7155Deletion of Examination Fees 49 Pa. Code § 39.72 (Number not yet assigned.)
Winter 2001, as proposed.
This regulation deletes licensing examination fees.
State Board of Physical Therapy--Physical Therapists 49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21-40.24. (Number not yet assigned.)
Winter 2001, as proposed.
Regulations correct and revise existing regulations regarding physical therapists. Proposed under Section 3(a) of the Physical Therapy Practice Act, 63 P. S. § 1303(a).
Robert Kline
(717) 783-7134Sexual Misconduct 49 Pa. Code, Chapter 40. (16A-656)
February 2001, as proposed.
Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Sections 3, 5 and 10 of the Act, 63 P. S. § 1303, 1305 and 1310.
State Board of Occupational Therapy Education and Licensure--General Revisions 49 Pa. Code, Chapter 42. (16A-674) June 2001, as final. The Board proposes to revise its chapter by updating certain provisions and deleting outdated or redundant language. The Board has authority to adopt the regulations necessary to perform its duties and for the proper administration of the law under Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b). Clara Flinchum
(717) 783-1389State Board of Social Workers, Marriage and Family Therapists and Professional Counselors-- Licensure Regulations (Number not yet assigned.) Spring 2001, as proposed. Regulations regarding qualifications for licensure pursuant to the enactment of Act 139 adding Licensed Clinical Social Workers, Marriage and Family Therapists and Professional Counselors as new licensure classes. Clara Flinchum
(717) 783-1389STATE EMPLOYEES' RETIREMENT SYSTEM Multiple Service 4 Pa. Code § 245.4 (Chapter 245) Spring 2001, as proposed. The State Employees' Retirement System (SERS) intends to delete the regulation, which will permit payment for multiple service via actuarial debt. SERS proposes to repeal the regulations in order to simplify and improve the process to purchase service for the PA School Employees' Retirement System and SERS members. Sean Sanderson
(717) 787-9657STATE POLICE
No regulations being developed or considered at this date. STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date. TRANSPORTATION
Manufacturer, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates Chapter 53 June 2001, as proposed. Amendments are needed based on revisions to related sections of the Vehicle Code and Industry/Department concerns. Proposed package undergoing further review with the Department's legal counsel. Sue Wilson
(717) 787-4291Permanent Registrations of Fleet Vehicles Chapter 60 December 2001, as proposed. Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997). Ann Marie Kessler
(717) 787-3977School Buses and School Vehicles Chapter 171 June 2001, as proposed. Amendments are needed to clarify previous revisions and to address concerns raised by the public transportation community. The Department has prepared draft amendments based on recommendations received by the public transportation community. Proposed Regulatory package will be sent to General Counsel by January 2001. Mike Kistler
(717) 772-2119Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers Chapter 83 August 2001, as proposed. The Department's Medical Advisory Board has approved proposed amendments to the medical standards licensure. Mike Kistler
(717) 772-2119Liquid Fuels Tax Chapter 449 September 2001, as final Final draft to be forwarded to Office of General Counsel in February 2001. Dick Zerbe
(717) 787-2183School Bus Drivers Chapter 71 October 2001, as proposed. Creates standards to allow persons with certain medical conditions to become a school bus driver that were previously banned because of their medical condition. Through the standards and monitoring systems approved by the Medical Advisory Board in 2000, these persons do not pose a significant danger while driving. A draft proposal package will be sent to legal by March 2001. Mike Kistler
(717) 772-2119Proportional Registration of Fleet Vehicles - Chapter 63 December 2001, as proposed. Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997). Ann Marie Kessler
(717) 787-3977Vehicle Equipment and Inspection Chapter 175 June 2001, as proposed Proposed amendments require complying with ACT 115 of July 6, 1995. No. 30, P. L. 246 that requires the establishment of equipment and inspection criterion for farm vehicles with a gross weight rating greater than 17,000 pounds. Tom Zamboni
(717) 783-9513Flashing or Revolving Lights on Emergency and Authorized Vehicles Chapter 173 September 2001, as final. Proposed amendments required to comply with Act 151 of 1999. Tom Zamboni
(717) 783-9513Authorization to Verify VIN Identification Numbers Chapter 17 October 2001, as proposed. Proposed amendments would authorize Department employees to verify VIN Numbers for vehicles requiring a Certificate of Title. Tom Zamboni
(717) 783-9513Administrative Practice and Procedure Chapter 491 March 2001, as final Establish standards to facilitate administrative review of Department decisions and proceedings before Department hearing officers Robert H. Raymond
(717) 787-5473Outdoor Advertising Devices Chapter 445 March 2001, as final Establish standards to facilitate administrative review of Department decisions and proceedings before Department hearing officers Robert H. Raymond
(717) 787-5473Shared-Ride Transportation Service Reimbursement Chapter 425 September 2001, as proposed. Revised regulations are required due to the repeal of the original authorizing legislation and the enactment of revised authorizing legislation for the Shared-Ride Program for Senior Citizens. LaVerne Collins
(717) 783-8025Display of Registration Plates Chapter 47 February 2001, as final Amending Placement of Validation Sticker for Cities of the First Class in order to respond to the theft of validation stickers currently placed on the registration plate. Randy Swartz
(717) 787-2780Emission Inspection Chapter 177 July 2001, as proposed. Amendments needed to address ongoing operational aspects of the emissions program. Working with legal to determine what is needed for an 8 county rollout. Peter Gertz
(717) 783-7016Airport Rating and Licensing Chapter 471 September 2001, as proposed. Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment. Kathy Reitz
(717) 705-1234Aviation Development Chapter 473 September 2001, as proposed. Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment. Kathy Reitz
(717) 705-1234Local Real Estate Tax Reimbursement Chapter 477 September 2001, as proposed. Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment. Kathy Reitz
(717) 705-1234Vehicles Required to Stop at Railroad Grade Crossings Chapter 103
June 2001, as proposed deletion
Repeal - this regulation is no longer needed because of changes made in § 3342(d) of the Vehicle Code
Terry Garvie (
(717) 787-2604)Hold-Down and Tie-Down Devices for Junked Vehicles and Vehicle Hulks - Chapter 181
Dec. 2001, as proposed deletion
Repeal - this regulation is no longer required because of changes in Chapter 49 of the Vehicle Code
Daniel Smyser
(717) 787-7445
Engineering and Traffic Studies Chapter 201 June 2001, as proposed deletion. Repeal this chapter when we adopt the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD will be incorporated into Chapter 212. Art Breneman
(717) 787-3620Work Zone Traffic Control Devices Chapter 203 June 2001, as proposed deletion. Repeal this chapter when we adopt the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD will be incorporated into Chapter 212. Art Breneman
(717) 787-3620Official Traffic Control Devices Chapter 211 June 2001, as proposed deletion Repeal this chapter when we adopt the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some of the current provisions not included in the MUTCD will be incorporated into chapter 212. Art Breneman
(717) 787-3620Official Traffic Control Devices Chapter 212 June 2001, as proposed. This chapter is being proposed to adopt the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) and to replace Chapters 201, 203 and 211. By adopting the MUTCD, the volume of the new regulation will be only about 5 percent of the combination of the three current regulations. Art Breneman
(717) 787-3620Hazardous Materials Transportation Chapter 403 June 2001, as proposed. Incorporate new Federal provisions and eliminate registration requirement. Daniel Smyser
(717) 787-7445Distribution of Highway Maintenance Funds - Chapter 453 May 2001, as final. The purpose of this rulemaking is to delete 67 PA Code CH 453. Chapter 453 is no longer needed because 75 Pa.C.S.§ 9104 no longer requires the promulgation of standards and methodology for data collection in the form of regulations. J. Michael Long
(717) 705-8920Consultant Highway Design Errors Chapter 455 June 2001, as proposed deletion. Since there is no legal need for this chapter, the Department proposes to delete Chapter 455 and propose a Department policy to address consultant design errors. Donald Childs
(717) 783-9309Vehicle Equipment & Inspection Chapter 175 September 2000, as proposed Current language is not flexible enough to accommodate changing industry practices and needs. John Munafo
(717) 787-3184Prequalification of Bidders Chapter 457 June 2001, as proposed rulemaking. These changes are being brought about as a result of a reengineering project. Fred Starasinic
(717) 787-3733Hold-Down and Tiedown Devices for Metal Cargo and Logs Chapter 183 December 2001, as proposed deletion Repeal--this regulation is no longer needed because of changes made in Chapter 49 of the Vehicle Code Daniel Smyser
(717) 787-7445Obstruction to Aircraft Chapter 479 September 2001, as proposed Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment. Kathy Reitz
(717) 705-1234
[Pa.B. Doc. No. 01-190. Filed for public inspection February 2, 2001, 9:00 a.m.]
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