Pennsylvania Bulletin

PA Bulletin, Doc. No. 04-218d

[34 Pa.B. 758]

[Continued from previous Web Page]

Regulation Being
Considered Proposed Date
of Promulgation Need and Legal Basis for Action Agency Contact

State Board of
Medicine
--Continuing Medical
Education--
49 Pa. Code, Chap. 16
(16A-4914)

--Athletic Trainers--
49 Pa. Code, Chap. 16
(16A-4915)

--Licensure of
Medical Doctors--
49 Pa. Code
§§ 17.1(b), 17.2(c) and
17.5(c)(2) (16A-4917)

--Disciplinary
Procedures--
49 Pa. Code, Chapter
16, Subchapter E.
(16A-4918)

--Physician's
Assistants--
49 Pa. Code, Chapter
18, Subchapter D
(number not yet
assigned)

--Act 48 of 1993 Civil
Penalties--
49 Pa. Code, Chapter
43b. (16-29)

--Volunteer License--
49 Pa. Code § 16.18
(number not yet
assigned)

Fall 2004, as
Final.

Spring 2004, as
Proposed

Spring 2004, as
Proposed.

Spring 2004, as
Proposed

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

This regulation would implement the act of March
20, 2002 (P. L. __, No. 13) (Act 13). Act 13 requires
the Board to promulgate regulations establishing
CME requirements for physicians, including
training in patient safety and risk management.
Statutory Authority: Section 910 of Act 13.

This regulation would implement Act 92 of 2001,
which gave the Medical and Osteopathic Boards
jurisdiction over athletic trainers (athletic trainers
had formerly been overseen by the State Board of
Physical Therapy). Statutory Authority: Section 3
of Act 92 of 2001.

This regulation would delete the requirements that
graduates of foreign medical schools demonstrate
32 months and 4000 hours of instruction and 72
weeks of clinical instruction. It would also amend
the regulation pertaining to licensure by
endorsement to prove the Board greater discretion
in assessing the qualifications of physicians who
have extensive practice experience. Statutory
Authority: Section 8 of the Medical Practice Act of
1985, 63 P. S. § 422.8.

This regulation would amend the Board's
disciplinary procedures regulations to codify
existing practices and to assure that in light of the
passage of the MCARE Act, the procedures
suggested by the Health Care Services Malpractice
Act survive. Statutory Authority: Sections 8 and 9
of the Medical Practice Act of 1985, 63 P. S.
§§ 422.8 and 422.9.

This regulation amends the Board's regulations
pertaining to physician assistants. Statutory
Authority: Section 13 of the Medical Practice Act of
1985, 63 P. S. § 422.1.

This statement of policy would establish a schedule
of Act 48 civil penalties for failure to report under
the MCARE Act. Statutory Authority: Section 5(a)
of Act 48 of 1993, 63 P. S. § 2205(a); Section 8 of
the Medical Practice Act of 1985, 63 P. S. § 422.8;
and Section 903(1) of the Mcare Act, 40 P. S.
§ 1303.903(1).

This regulation is required to amend the current
regulations regarding volunteer licenses to conform
to recent amendments to the Volunteer Health
Services Act made by Act 58 of 2002. Statutory
Authority: Section 8 of the Medical Practice Act of
1985, 63 P. S. § 422.8.
Joanne Troutman
(717) 783-1400

State Board of
Nursing
--Conscious
Sedation--
49 Pa. Code § 21.14.
(16A--5114)

--CRNP Program
Approval--
49 Pa. Code
§§ 21.260--278,
286-289. (16A-5119)

--Update of CRNP
Prescriptive Authority
Fees--
49 Pa. Code § 21.253.
(16A-5116)

--CRNP Continuing
Education--
49 Pa. Code § 21.253.
(16A-5117)

--Programs in
Transition--
49 Pa. Code § 21.51
(16A-5118)

--Licensed
Dietitian--Nutritionist
Regulations--
49 Pa. Code
§§ 21.701--21.717
(16A-5120)

--Temporary Practice
Permits--
49 Pa. Code §§ 21.7
and 21.149
(16A-5121)

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Final.

Spring 2004, as
Final

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

This regulation would embody the statement of
policy on conscious sedation at 49 Pa. Code
§ 21.413(d). Statutory Authority: Section 2.1(k) of
the Professional Nursing Law, 63 P. S. § 212.1(k).

This regulation would establish requirements for
CRNP education programs approved by the Board.
Statutory Authority: Section 2.1(k) of the
Professional Nursing Law, 63 P. S. § 212.1(k).

This regulation would revise the Board's schedule
of fees to reflect the actual cost of the services
provided. Statutory Authority: Section 11.2 of the
Professional Nursing Law, 63 P. S. § 221.2.

This regulation pertains to continuing education
requirements associated with Certified Registered
Nurse Practitioners. Statutory Authority: Sections
2.1(k) and 8.1 of the Professional Nursing Law, 63
P. S. §§ 212.1(k) and 218.1.

This regulation sets requirements for
hospital-based registered nurse diploma education
programs to transition to degree-granting status
under the authority of a college or university which
is pursuing, but has not yet attained, regional
accreditation. Statutory Authority: Section 2.1(k)
and Section 6 of the Professional Nursing Law, 63
P. S. §§ 212.1(k) and 216.

Act 99 of 2002 amended the Professional Nursing
Law to include the licensure of dietitian-
nutritionists. These regulations implement those
amendments. Statutory Authority: Section 2.1(k) of
the Professional Nursing Law, 63 P. S. § 212.1(k).

The regulation provides for temporary practice
permits for graduate professional nurses and
graduate practical nurses and for currently-
licensed professional nurses and practical nurses
practicing in other jurisdictions who apply for
licensure in this Commonwealth. Statutory
Authority: Sections 2.1(k) and 4.1 of the
Professional Nursing Law, 63 P. S. §§ 212.1(k) and
214.1; and sections 3.1 and 17.6 of the Practical
Nurse Law, 63 P. S. §§ 653.1 and 667.6.
Ann Steffanic
(717) 783-7142

--LPN/IV Therapy--
49 Pa. Code § 21.145
(16A-5122)

--Volunteer License--
49 Pa. Code, Chapter
21, Subchapter F,
§§ 21.601--21.607.
(number not yet
assigned)

--Act 48 of 1993 Civil
Penalties--
49 Pa. Code, Chapter
43b. (16-29)
Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Statement of
Policy This regulation addresses the LPN's role in
working with peripherally inserted catheters (PIC
lines). Statutory Authority: Section 17.6 of the
Practical Nurse Law, 63 P. S. § 667.6.

This regulation is required to amend the Board's
regulations to conform to amendments to the
Volunteer Health Services Act made by Act 58 of
2002. Statutory Authority: Section 2.1(k) of the
Professional Nursing Law, 63 P. S. § 212.1(k).

The policy statement would establish a schedule of
Act 48 civil penalties for violations of the
Professional Nursing Law and the Practical Nurse
Law. Statutory Authority: Section 5(a) of Act 48 of
1993 (63 P. S. § 2205(a)).

State Board of
Examiners of Nursing
Home Administrators
--Deletion and
Correction of Fees--
49 Pa. Code § 39.72.
(16A-628)

--Requirements for
Admission to
Examination--
49 Pa. Code § 39.5.
(16A-627)

--Act 48 of 1993 Civil
Penalties--
49 Pa. Code, Chapter
43b. (16-29)

Fall 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Statement of
Policy.

This regulation would delete licensing examination
fees. Statutory Authority: Section 4(c) of the
Nursing Home Administrators Licensing Act, 63
P. S. § 1104(c).

This regulation would update and revise the
requirements for admission to the licensing
examination. Statutory Authority: Section 4(c) of
the Nursing Home Administrators Licensing Act,
63 P. S. § 1104(c).

This Statement of Policy would establish a
schedule of Act 48 civil penalties for violations of
the Nursing Home Administrators Licensing Act.
Statutory Authority: Section 5(a) of Act 48 of 1993,
63 P. S. § 2205(a).
Christina Stuckey
(717) 783-7155

State Board of
Occupational Therapy
Education and
Licensure
--Act 48 of 1993 Civil
Penalties--
49 Pa. Code, Chapter
43b. (16-29)

Spring 2004, as
Statement of
Policy.

The Statement of Policy would establish a schedule
of Act 48 of 1993 civil penalties for violations of the
Occupational Therapy Practice Act and Board's
regulations. Statutory Authority: Section 5(a) of Act
48 of 1993, 63 P. S. § 2205(a).
Lisa Burns
(717) 783-1389

State Board of
Optometry
--General Revisions--
49 Pa. Code §§ 23.1,
23.33, 23.34, 23.42,
23.64, 23.71.
(16A-528)

--Continuing
Education--
49 Pa. Code, §§ 23.82,
23.83, 23.87 (16A-529)

--Continuing
Education,
Certification to Treat
Glaucoma--
49 Pa. Code §§ 23.82,
23.86, 23.91, and
23.205 (16A-5211)

--Volunteer License--
49 Pa. Code § 23.26
(number not yet
assigned)

Spring 2004, as
Final.

Spring 2004, as
Final.

Spring 2004, as
Final.

Spring 2004, as
Proposed.

The Board is making general revisions to its
current regulations, including requirements that
must be met for contact lens prescriptions provided
at the discretion of the licensee. Statutory
Authority: Sections 3(a)(2.1) and (b)(14) of the
Optometric Practice and Licensure Act, 63 P. S.
§§ 244.3(a)(2.1), (b)(14).

This regulation would amend the continuing
education requirements of licensees. Statutory
Authority: Section 3(b)(12) and Section 4.1(b) of the
Optometric Practice and Licensure Act, 63 P. S.
§§ 244.3(b)(12), 244.4a(b).

This regulation implements amendments to the Act
made by Act 225 of 2002, adds the American
Academy of Ophthalmology and its affiliates to the
list of pre-approved continuing education providers,
and establishes an application procedure and
related fee for certification to treat glaucoma.
Statutory Authority: 63 P. S. §§ 244.2b and
244.3(b)(12) & (14).

This regulation is required to amend the Board's
regulations to conform to amendments to the
Volunteer Health Services Act made by Act 58 of
2002. Statutory Authority: Section 3(b)(14) of the
Optometric Practice and Licensure Act, 63 P. S.
§ 244.3(b)(14).
Deborah Smith
(717) 783-7155

State Board of
Osteopathic Medicine
--Continuing Medical
Education--
49 Pa. Code, Chap. 16
(16A-5313)

--Athletic Trainers--
49 Pa. Code, Chap. 16
(16A-5314)

--Delegation--
49 Pa. Code, Chap. 16
(16A-5312)

--Volunteer License--
49 Pa. Code, Chapter
25, Subchapter L,
§§ 25.601--25.607.
(number not yet
assigned)

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Summer 2004, as
Final.

Spring 2004, as
Proposed.

This regulation would implement the act of March
20, 2002 (P. L. __, No. 13) (Act 13). Act 13 requires
the Board to promulgate regulations requiring
osteopathic physicians to complete CME in patient
safety and risk management. Statutory Authority:
Section 910 of Act 13.

This regulation would implement Act 92 of 2001,
which gave the Medical and Osteopathic Boards
jurisdiction over athletic trainers (athletic trainers
had formerly been overseen by the State Board of
Physical Therapy). Statutory Authority: Section 3
of Act 92 of 2001.

This regulation would establish standards for the
delegation of osteopathic medical services to
qualified personnel. Statutory Authority: Section 16
of the Osteopathic Medical Practice Act, 63 P. S.
§ 271.16.

This regulation is required to amend the Board's
regulations to conform to amendments to the
Volunteer Health Services Act made by Act 58 of
2002. Statutory Authority: Section 16 of the
Osteopathic Medicine Act, 63 P. S. § 271.16.
Gina Bittner
(717) 783-4858

State Board of
Pharmacy
--Technology and
Automation--
49 Pa. Code, Chapter
27. (16A-5410)

--Drug Therapy and
Administration of
Injectable
Medications,
Biologicals and
Immunizations--
49 Pa. Code, Chapter
27 (16A-5412)

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

The proposal would address issues raised by new
technology now available in the field of pharmacy
to allow the use of such technology while ensuring
consumer safety. Statutory Authority: Sections 4(j)
and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S.
§§ 390-4(j), 390-6(k)(1), (9).

Section 2 of Act 102 of 2002 requires the Board to
adopt regulations establishing the parameters of
written agreements or protocols for drug therapy
management in institutional settings and to
establish education and training standards and
practice guidelines under which pharmacists may
be authorized to administer injectable medications,
biologicals, and immunizations to persons who are
more than eighteen years of age. Statutory
Authority: Sections 9.1 and 9.2 of the Pharmacy
Act, 63 P. S. §§ 390-9.1 and 390-9.2.
Melanie Zimmerman
(717) 783-7156

State Board of
Physical Therapy
--General
Revisions--49
Pa. Code §§ 40.11,
40.13, 40.15, 40.17,
40.18 and
40.21--40.24.
(16A-659)

--Certificate of
Authorization to
Practice Physical
Therapy Without a
Referral--
49 Pa. Code Chap. 40
(16A-651)

Spring 2004, as
Final.

Spring 2004, as
Final.

The regulation would correct and revise existing
regulations regarding physical therapists.
Statutory Authority: Section 3(a) of the Physical
Therapy Practice Act, 63 P. S. § 1303(a).

This regulation would implement the act of Feb.
21, 2002 (P. L.___, No. 6) (Act 6), which enables
licensees to seek a certificate of authorization to
practice physical therapy without a referral from a
physician. Statutory Authority: Section 2 of Act 6 of
2002; Section 3 of the Physical Therapy Practice
Act, 63 P. S. § 1303.
J. Robert Kline
(717) 783-7134

State Board of
Podiatry
--Professional
Liability Insurance--
49 Pa. Code, Chapter
29, §§ 29.52--29.54
(16A-447)

--Sexual
Misconduct--
49 Pa. Code, Chapter
29 (16A-448)

--Registration and
Practice of
Acupunturists--
49 Pa. Code, Chapter
29 (16A-449)

--Volunteer License--
49 Pa. Code § 29.55
(number not yet
assigned)

Spring 2004, as
Proposed

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

This regulation would amend the current
regulations to eliminate references to the Health
Care Services Act and replaces them with
references to the Medical Care Availability and
Reduction of Error (MCARE) Act. Statutory
Authority: Section 15 of the Podiatry Practice Act,
63 P. S. § 42.15.

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 of a
sexual nature which the Board deems
unprofessional when occurring or resulting form a
professional relationship. Statutory Authority:
Sections 15 and 16(3) of the Podiatry Practice Act,
63 P. S. §§ 42.15 and 42.16(3).

This regulation is required to establish the
registration fees and regulate the practice of
acupuncturists under the Acupuncture Registration
Act. Statutory Authority: Section 3 of the
Acupuncture Registration Act, 63 P. S. § 1803

This regulation is required to amend the Board's
regulations to conform to recent amendments to
the Volunteer Health Services Act made by Act 58
of 2002. Statutory Authority: Section 15 of the
Podiatry Practice Act, 63 P. S. § 42.15. Gina Bittner
(717) 783-4858

State Board of
Psychology
--Ethics Principles--
49 Pa. Code § 41.61.
(16A-6312)

--Education
Requirements--
49 Pa. Code § 41.31
(16A-6313)

--Notice
Requirements--
49 Pa. Code
§§ 41.65--41.66
(16A-6314)

Spring 2004, as
Proposed.

Summer 2004, as
Proposed.

Fall 2004, as
Final.

This regulation would amend Principles 2(b) and
7(i) of the Board's Code of Ethics. Statutory
Authority: Section 3.2(2) of the Professional
Psychologists Practice Act, 63 P. S. 1203.2(2).

This regulation would require all doctoral degree
programs in psychology and fields related to
psychology within North American and the U. S.
territories to either be accredited by the APA/CPA
or designated by ASPPB. Statutory Authority:
Sections 3.2(1) and 6(a)(2) of the Professional
Psychologists Practice Act, 63 P. S. §§ 1203.2(1)
and 1206(a)(2).

This regulation would require licensees to provide
notice to the Board of certain criminal convictions
and disciplinary actions taken by licensing
authorities in other jurisdictions and require
licensees who have been suspended or revoked by
the Board to notify all current clients/patients of
the disciplinary action. Statutory Authority:
Section 3.2(2) of the Professional Psychologists
Practice Act, 63 P. S. § 1203.2(2).
Christina Stuckey
(717) 783-7155

State Board of
Certified Real Estate
Appraisers
--General Revisions--
49 Pa. Code § 36.51.
(16A-7014)

--Act 48 of 1993 Civil
Penalties--
49 Pa. Code, Chapter
43b. (16-29)

Spring 2004, as
Proposed.

Spring 2004, as
Statement of
Policy.

The regulation represents a comprehensive
revision of requirements relating to education and
experience for initial certification; continuing
education for renewal of certification; standards of
practice; and supervision of appraisal assistants.
Statutory Authority: Section 5(2) of the Real Estate
Appraisers Certification Act, 63 P. S. § 457.5(2);
and Section 3 of the Assessors Certification Act, 63
P. S. § 458.3.

The policy statement would establish a schedule of
Act 48 of 1993 civil penalties for violations of the
Real Estate Appraisers Certification Act and the
Board's regulations. Statutory Authority: Section
5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
Michelle Smey
(717) 783-4866

State Real Estate
Commission
--Education--
49 Pa. Code, Chapter
35. (16A-561)

--Deletion of
Examination Fee--
49 Pa. Code, Chapter
35. (16A-569)

--Schedule of Civil
Penalties--
49 Pa. Code § 43b.8
(16-32)

Summer 2004, as
Final.

Summer 2004, as
Final.

Spring 2004, as
Proposed.

This regulation proposes changes to the current
pre-Licensure and continuing education
requirements and adds distance education.
Statutory Authority: Section 404.1(a) of the Real
Estate Licensing and Registration Act, 63 P. S.
§§ 455.404a(a).

This regulation is needed to delete references to
the examination fee, which is determined by
contract and charged by the professional testing
organization, from the schedule of fees and
examination provisions. Statutory Authority:
Section 812.1 of the Administrative Code, 71 P. S.
§ 279.3a.

This regulation would amend the existing Act 48
Schedule of Civil Penalties formerly promulgated
by the Real Estate Commission in 1998. Statutory
Authority: Section 5(a) of Act 48 of 1993, 63 P. S.
§ 2205(a).
Deborah Sopko
(717) 783-3658

State Board of Social
Workers, Marriage
and Family
Therapists and
Professional
Counselors
--Continuing
Education--
49 Pa. Code, Chapter
47 (16A-693)

--Dual Licensing of
Substance Abuse
Services--
49 Pa. Code § 49.17
(16A-697)

--Sexual Intimacies--
49 Pa. Code
§§ 50.20--50.25.
(16A-691)

--Supervised Clinical
Experience--
49 Pa. Code,
§§ 47.12c, 48.13 and
49.13. (16A-698)

--Technical
Amendments--
49 Pa. Code §§ 47.1
and 47.1a. (16A-699)

Spring 2004, as
Proposed.

Spring 2004, as
Statement of
Policy.

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

This regulation would require that licensees
complete continuing education as a condition of
license renewal. Statutory Authority: Sections 18(a)
6(2) of the Social Workers, Marriage and Family
Therapists and Professional Counselors Act, 63
P. S. §§ 1918(a) and 1906(2).

This Statement of Policy establishes the Board's
position on the dual licensing of providers of
Substance Abuse Services by the Board and the
Department of Health. Statutory Authority: Section
2 of the Social Workers, Marriage and Family
Therapists and Professional Counselors Act, 63
P. S. § 1902.

This regulation defines the professional
relationship and prohibits sexual intimacies
between a client/patient and the social worker,
clinical social worker, marriage and family
therapist or professional counselor. Statutory
Authority: Section 6(2) of the Social Workers,
Marriage and Family Therapists and Professional
Counselors Act, 63 P. S. § 1906(2).

This regulation permits supervised clinical
experience to include group supervisory sessions
within educational, institutional and agency
settings without the requirement that the
supervisor supervise no more than six individuals
at the same time. Statutory Authority: Sections
6(2) and 7 of the Social Workers, Marriage and
Family Therapists and Professional Counselors
Act, 63 P. S. §§ 1906(2) and 1907.

This regulation clarifies the definition of
''accredited school'' and deletes the requirement
that supervisors of clinical social work applicants
for licensure hold a license to practice social work
in this Commonwealth so long as they are
currently licensed to practice social work in any
jurisdiction. Statutory Authority: Section 6 of the
Social Workers, Marriage and Family Therapists
and Professional Counselors Act, 63 P. S. § 1906.
Cindy Warner
(717) 783-1389

State Board of
Examiners in
Speech-Language and
Hearing
--Continuing
Education--
49 Pa. Code, Chapter
45. (16A-6802)

--Assistant
Regulations--
49 Pa. Code
§§ 45.301--308.
(16A-6801)

--Act 48 of 1993 Civil
Penalties--
49 Pa. Code, Chapter
43b. (16-29)

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Statement of
Policy.

This regulation would establish continuing
education requirements to comply with Act 71 of
2000. Statutory Authority: Section 5(7) of the
Speech-Language and Hearing Licensure Act, 63
P. S. § 1705(7).

This amendment would update the regulatory
provisions pertaining to assistants. Statutory
Authority: Section 5(8) of the Speech-Language and
Hearing Licensure Act, 63 P. S. § 1705(8).

The policy statement would establish a schedule of
Act 48 civil penalties for violations of the
Speech-Language and Hearing Licensure Act and
the Board's regulations. Statutory Authority:
Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

Cindy Warner
(717) 783-1389

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Medicine --Continuing Medical Education-- 49 Pa. Code, Chap. 16 (16A-4914) --Athletic Trainers-- 49 Pa. Code, Chap. 16 (16A-4915) --Licensure of Medical Doctors-- 49 Pa. Code §§ 17.1(b), 17.2(c) and 17.5(c)(2) (16A-4917) --Disciplinary Procedures-- 49 Pa. Code, Chapter 16, Subchapter E. (16A-4918) --Physician's Assistants-- 49 Pa. Code, Chapter 18, Subchapter D (number not yet assigned) --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29) --Volunteer License-- 49 Pa. Code § 16.18 (number not yet assigned)	Fall 2004, as Final. Spring 2004, as Proposed Spring 2004, as Proposed. Spring 2004, as Proposed Spring 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Proposed.	This regulation would implement the act of March 20, 2002 (P. L. __, No. 13) (Act 13). Act 13 requires the Board to promulgate regulations establishing CME requirements for physicians, including training in patient safety and risk management. Statutory Authority: Section 910 of Act 13. This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001. This regulation would delete the requirements that graduates of foreign medical schools demonstrate 32 months and 4000 hours of instruction and 72 weeks of clinical instruction. It would also amend the regulation pertaining to licensure by endorsement to prove the Board greater discretion in assessing the qualifications of physicians who have extensive practice experience. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. This regulation would amend the Board's disciplinary procedures regulations to codify existing practices and to assure that in light of the passage of the MCARE Act, the procedures suggested by the Health Care Services Malpractice Act survive. Statutory Authority: Sections 8 and 9 of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.9. This regulation amends the Board's regulations pertaining to physician assistants. Statutory Authority: Section 13 of the Medical Practice Act of 1985, 63 P. S. § 422.1. This statement of policy would establish a schedule of Act 48 civil penalties for failure to report under the MCARE Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a); Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8; and Section 903(1) of the Mcare Act, 40 P. S. § 1303.903(1). This regulation is required to amend the current regulations regarding volunteer licenses to conform to recent amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.	Joanne Troutman (717) 783-1400
State Board of Nursing --Conscious Sedation-- 49 Pa. Code § 21.14. (16A--5114) --CRNP Program Approval-- 49 Pa. Code §§ 21.260--278, 286-289. (16A-5119) --Update of CRNP Prescriptive Authority Fees-- 49 Pa. Code § 21.253. (16A-5116) --CRNP Continuing Education-- 49 Pa. Code § 21.253. (16A-5117) --Programs in Transition-- 49 Pa. Code § 21.51 (16A-5118) --Licensed Dietitian--Nutritionist Regulations-- 49 Pa. Code §§ 21.701--21.717 (16A-5120) --Temporary Practice Permits-- 49 Pa. Code §§ 21.7 and 21.149 (16A-5121)	Spring 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Final. Spring 2004, as Final Spring 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Proposed.	This regulation would embody the statement of policy on conscious sedation at 49 Pa. Code § 21.413(d). Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). This regulation would establish requirements for CRNP education programs approved by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). This regulation would revise the Board's schedule of fees to reflect the actual cost of the services provided. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2. This regulation pertains to continuing education requirements associated with Certified Registered Nurse Practitioners. Statutory Authority: Sections 2.1(k) and 8.1 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 218.1. This regulation sets requirements for hospital-based registered nurse diploma education programs to transition to degree-granting status under the authority of a college or university which is pursuing, but has not yet attained, regional accreditation. Statutory Authority: Section 2.1(k) and Section 6 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 216. Act 99 of 2002 amended the Professional Nursing Law to include the licensure of dietitian- nutritionists. These regulations implement those amendments. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). The regulation provides for temporary practice permits for graduate professional nurses and graduate practical nurses and for currently- licensed professional nurses and practical nurses practicing in other jurisdictions who apply for licensure in this Commonwealth. Statutory Authority: Sections 2.1(k) and 4.1 of the Professional Nursing Law, 63 P. S. §§ 212.1(k) and 214.1; and sections 3.1 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 653.1 and 667.6.	Ann Steffanic (717) 783-7142
--LPN/IV Therapy-- 49 Pa. Code § 21.145 (16A-5122) --Volunteer License-- 49 Pa. Code, Chapter 21, Subchapter F, §§ 21.601--21.607. (number not yet assigned) --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Spring 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Statement of Policy	This regulation addresses the LPN's role in working with peripherally inserted catheters (PIC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6. This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). The policy statement would establish a schedule of Act 48 civil penalties for violations of the Professional Nursing Law and the Practical Nurse Law. Statutory Authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).
State Board of Examiners of Nursing Home Administrators --Deletion and Correction of Fees-- 49 Pa. Code § 39.72. (16A-628) --Requirements for Admission to Examination-- 49 Pa. Code § 39.5. (16A-627) --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Fall 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Statement of Policy.	This regulation would delete licensing examination fees. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c). This regulation would update and revise the requirements for admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c). This Statement of Policy would establish a schedule of Act 48 civil penalties for violations of the Nursing Home Administrators Licensing Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Christina Stuckey (717) 783-7155
State Board of Occupational Therapy Education and Licensure --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Spring 2004, as Statement of Policy.	The Statement of Policy would establish a schedule of Act 48 of 1993 civil penalties for violations of the Occupational Therapy Practice Act and Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Lisa Burns (717) 783-1389
State Board of Optometry --General Revisions-- 49 Pa. Code §§ 23.1, 23.33, 23.34, 23.42, 23.64, 23.71. (16A-528) --Continuing Education-- 49 Pa. Code, §§ 23.82, 23.83, 23.87 (16A-529) --Continuing Education, Certification to Treat Glaucoma-- 49 Pa. Code §§ 23.82, 23.86, 23.91, and 23.205 (16A-5211) --Volunteer License-- 49 Pa. Code § 23.26 (number not yet assigned)	Spring 2004, as Final. Spring 2004, as Final. Spring 2004, as Final. Spring 2004, as Proposed.	The Board is making general revisions to its current regulations, including requirements that must be met for contact lens prescriptions provided at the discretion of the licensee. Statutory Authority: Sections 3(a)(2.1) and (b)(14) of the Optometric Practice and Licensure Act, 63 P. S. §§ 244.3(a)(2.1), (b)(14). This regulation would amend the continuing education requirements of licensees. Statutory Authority: Section 3(b)(12) and Section 4.1(b) of the Optometric Practice and Licensure Act, 63 P. S. §§ 244.3(b)(12), 244.4a(b). This regulation implements amendments to the Act made by Act 225 of 2002, adds the American Academy of Ophthalmology and its affiliates to the list of pre-approved continuing education providers, and establishes an application procedure and related fee for certification to treat glaucoma. Statutory Authority: 63 P. S. §§ 244.2b and 244.3(b)(12) & (14). This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14).	Deborah Smith (717) 783-7155
State Board of Osteopathic Medicine --Continuing Medical Education-- 49 Pa. Code, Chap. 16 (16A-5313) --Athletic Trainers-- 49 Pa. Code, Chap. 16 (16A-5314) --Delegation-- 49 Pa. Code, Chap. 16 (16A-5312) --Volunteer License-- 49 Pa. Code, Chapter 25, Subchapter L, §§ 25.601--25.607. (number not yet assigned)	Spring 2004, as Proposed. Spring 2004, as Proposed. Summer 2004, as Final. Spring 2004, as Proposed.	This regulation would implement the act of March 20, 2002 (P. L. __, No. 13) (Act 13). Act 13 requires the Board to promulgate regulations requiring osteopathic physicians to complete CME in patient safety and risk management. Statutory Authority: Section 910 of Act 13. This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92 of 2001. This regulation would establish standards for the delegation of osteopathic medical services to qualified personnel. Statutory Authority: Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16. This regulation is required to amend the Board's regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16.	Gina Bittner (717) 783-4858
State Board of Pharmacy --Technology and Automation-- 49 Pa. Code, Chapter 27. (16A-5410) --Drug Therapy and Administration of Injectable Medications, Biologicals and Immunizations-- 49 Pa. Code, Chapter 27 (16A-5412)	Spring 2004, as Proposed. Spring 2004, as Proposed.	The proposal would address issues raised by new technology now available in the field of pharmacy to allow the use of such technology while ensuring consumer safety. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1), (9). Section 2 of Act 102 of 2002 requires the Board to adopt regulations establishing the parameters of written agreements or protocols for drug therapy management in institutional settings and to establish education and training standards and practice guidelines under which pharmacists may be authorized to administer injectable medications, biologicals, and immunizations to persons who are more than eighteen years of age. Statutory Authority: Sections 9.1 and 9.2 of the Pharmacy Act, 63 P. S. §§ 390-9.1 and 390-9.2.	Melanie Zimmerman (717) 783-7156
State Board of Physical Therapy --General Revisions--49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21--40.24. (16A-659) --Certificate of Authorization to Practice Physical Therapy Without a Referral-- 49 Pa. Code Chap. 40 (16A-651)	Spring 2004, as Final. Spring 2004, as Final.	The regulation would correct and revise existing regulations regarding physical therapists. Statutory Authority: Section 3(a) of the Physical Therapy Practice Act, 63 P. S. § 1303(a). This regulation would implement the act of Feb. 21, 2002 (P. L.___, No. 6) (Act 6), which enables licensees to seek a certificate of authorization to practice physical therapy without a referral from a physician. Statutory Authority: Section 2 of Act 6 of 2002; Section 3 of the Physical Therapy Practice Act, 63 P. S. § 1303.	J. Robert Kline (717) 783-7134
State Board of Podiatry --Professional Liability Insurance-- 49 Pa. Code, Chapter 29, §§ 29.52--29.54 (16A-447) --Sexual Misconduct-- 49 Pa. Code, Chapter 29 (16A-448) --Registration and Practice of Acupunturists-- 49 Pa. Code, Chapter 29 (16A-449) --Volunteer License-- 49 Pa. Code § 29.55 (number not yet assigned)	Spring 2004, as Proposed Spring 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Proposed.	This regulation would amend the current regulations to eliminate references to the Health Care Services Act and replaces them with references to the Medical Care Availability and Reduction of Error (MCARE) Act. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15. 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 of a sexual nature which the Board deems unprofessional when occurring or resulting form a professional relationship. Statutory Authority: Sections 15 and 16(3) of the Podiatry Practice Act, 63 P. S. §§ 42.15 and 42.16(3). This regulation is required to establish the registration fees and regulate the practice of acupuncturists under the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803 This regulation is required to amend the Board's regulations to conform to recent amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15.	Gina Bittner (717) 783-4858
State Board of Psychology --Ethics Principles-- 49 Pa. Code § 41.61. (16A-6312) --Education Requirements-- 49 Pa. Code § 41.31 (16A-6313) --Notice Requirements-- 49 Pa. Code §§ 41.65--41.66 (16A-6314)	Spring 2004, as Proposed. Summer 2004, as Proposed. Fall 2004, as Final.	This regulation would amend Principles 2(b) and 7(i) of the Board's Code of Ethics. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. 1203.2(2). This regulation would require all doctoral degree programs in psychology and fields related to psychology within North American and the U. S. territories to either be accredited by the APA/CPA or designated by ASPPB. Statutory Authority: Sections 3.2(1) and 6(a)(2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and 1206(a)(2). This regulation would require licensees to provide notice to the Board of certain criminal convictions and disciplinary actions taken by licensing authorities in other jurisdictions and require licensees who have been suspended or revoked by the Board to notify all current clients/patients of the disciplinary action. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).	Christina Stuckey (717) 783-7155
State Board of Certified Real Estate Appraisers --General Revisions-- 49 Pa. Code § 36.51. (16A-7014) --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Spring 2004, as Proposed. Spring 2004, as Statement of Policy.	The regulation represents a comprehensive revision of requirements relating to education and experience for initial certification; continuing education for renewal of certification; standards of practice; and supervision of appraisal assistants. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2); and Section 3 of the Assessors Certification Act, 63 P. S. § 458.3. The policy statement would establish a schedule of Act 48 of 1993 civil penalties for violations of the Real Estate Appraisers Certification Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Michelle Smey (717) 783-4866
State Real Estate Commission --Education-- 49 Pa. Code, Chapter 35. (16A-561) --Deletion of Examination Fee-- 49 Pa. Code, Chapter 35. (16A-569) --Schedule of Civil Penalties-- 49 Pa. Code § 43b.8 (16-32)	Summer 2004, as Final. Summer 2004, as Final. Spring 2004, as Proposed.	This regulation proposes changes to the current pre-Licensure and continuing education requirements and adds distance education. Statutory Authority: Section 404.1(a) of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404a(a). This regulation is needed to delete references to the examination fee, which is determined by contract and charged by the professional testing organization, from the schedule of fees and examination provisions. Statutory Authority: Section 812.1 of the Administrative Code, 71 P. S. § 279.3a. This regulation would amend the existing Act 48 Schedule of Civil Penalties formerly promulgated by the Real Estate Commission in 1998. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Deborah Sopko (717) 783-3658
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors --Continuing Education-- 49 Pa. Code, Chapter 47 (16A-693) --Dual Licensing of Substance Abuse Services-- 49 Pa. Code § 49.17 (16A-697) --Sexual Intimacies-- 49 Pa. Code §§ 50.20--50.25. (16A-691) --Supervised Clinical Experience-- 49 Pa. Code, §§ 47.12c, 48.13 and 49.13. (16A-698) --Technical Amendments-- 49 Pa. Code §§ 47.1 and 47.1a. (16A-699)	Spring 2004, as Proposed. Spring 2004, as Statement of Policy. Spring 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Proposed.	This regulation would require that licensees complete continuing education as a condition of license renewal. Statutory Authority: Sections 18(a) 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. §§ 1918(a) and 1906(2). This Statement of Policy establishes the Board's position on the dual licensing of providers of Substance Abuse Services by the Board and the Department of Health. Statutory Authority: Section 2 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1902. This regulation defines the professional relationship and prohibits sexual intimacies between a client/patient and the social worker, clinical social worker, marriage and family therapist or professional counselor. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2). This regulation permits supervised clinical experience to include group supervisory sessions within educational, institutional and agency settings without the requirement that the supervisor supervise no more than six individuals at the same time. Statutory Authority: Sections 6(2) and 7 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. §§ 1906(2) and 1907. This regulation clarifies the definition of ''accredited school'' and deletes the requirement that supervisors of clinical social work applicants for licensure hold a license to practice social work in this Commonwealth so long as they are currently licensed to practice social work in any jurisdiction. Statutory Authority: Section 6 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906.	Cindy Warner (717) 783-1389
State Board of Examiners in Speech-Language and Hearing --Continuing Education-- 49 Pa. Code, Chapter 45. (16A-6802) --Assistant Regulations-- 49 Pa. Code §§ 45.301--308. (16A-6801) --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Spring 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Statement of Policy.	This regulation would establish continuing education requirements to comply with Act 71 of 2000. Statutory Authority: Section 5(7) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(7). This amendment would update the regulatory provisions pertaining to assistants. Statutory Authority: Section 5(8) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(8). The policy statement would establish a schedule of Act 48 civil penalties for violations of the Speech-Language and Hearing Licensure Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Cindy Warner (717) 783-1389