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PA Bulletin, Doc. No. 07-1166a

[37 Pa.B. 3038]
[Saturday, June 30, 2007]

[Continued from previous Web Page]

Regulation Being
Considered 		Proposed Date
of Promulgation 		Need and Legal Basis for Action Agency Contact
GENERAL SERVICES
Surplus State Property
4 Pa. Code
Chapters 41, 43, 45 and 47 		Fall 2007, as final omitted. These regulations should be updated to reflect current agency practice and procedure. Mary Benefield Seiverling
(717) 772-2749
Responsibility
4 Pa. Code
Chapter 60 		Fall 2007, as proposed. This chapter should be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures. Mary Benefield Seiverling
(717) 772-2749
Prequalification Procedures
4 Pa. Code
Chapter__ 		Summer 2007, as proposed. These new regulations will establish procedures to prequalify bidders and offerors as authorized by § 532 of the Procurement Code. Mary Benefield Seiverling
(717) 772-2749
Committee on Construction Contract Documents
4 Pa. Code
Chapter 62 		Summer 2007, as final omitted. The Procurement Code repealed the legislation creating this committee, which no longer exists. Mary Benefield Seiverling
(717) 772-2749
Selections Committee,
4 Pa. Code
Chapter 64 		Fall 2007, as final omitted. These regulations will be reviewed to ensure that they accurately reflect present practice and are consistent with the Procurement Code. Mary Benefield Seiverling
(717) 772-2749
Emergency Construction Repairs
4 Pa. Code
Chapter 67 		Fall 2007, as final omitted. The regulations should be amended to more accurately reflect present practice and to delete antiquated contract provisions. Mary Benefield Seiverling
(717) 772-2749
Contract Compliance
4 Pa. Code
Chapter 68 		Fall 2007, as proposed. References to the Human Relations Commission need to be replaced by procedures under the current DGS programs. Mary Benefield Seiverling
(717) 772-2749
Methods of Awarding Contracts
4 Pa. Code
Chapter 69 		Summer 2007, as final omitted. These regulations should be repealed since they have been superseded by enactment of the Commonwealth Procurement Code. Mary Benefield Seiverling
(717) 772-2749
Commonwealth Parking Facilities
4 Pa. Code
Chapter 71 		Fall 2007, as final omitted. The regulations need to be updated to reflect changes to agency procedure and practice. Mary Benefield Seiverling
(717) 772-2749
Commonwealth Automotive Fleet
4 Pa. Code
Chapter 73 		Fall 2007, as final omitted. These regulations need to be reviewed and updated to reflect current practice. Mary Benefield Seiverling
(717) 772-2749
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications
4 Pa. Code
Chapter 81 		Fall 2007, as final omitted. These regulations should be revised since the DGS Bureau of Management Services no longer has responsibility for processing subscriptions and orders for the Pennsylvania Code. Mary Benefield Seiverling
(717) 772-2749
Bookstore Operations,
4 Pa. Code
Chapter 83 		Fall 2007, as final omitted. These regulations should be revised since the bookstore operations were transferred to the Historical and Museum Commission by statute. Mary Benefield Seiverling
(717) 772-2749
Exercise of First Amendment Rights on Commonwealth Property
4 Pa. Code
Chapter 85 		Summer 2007, as final omitted. The regulation will be rewritten to reflect the current organizational structure and to conform to changes which will be made to the Statement of Policy in Chapter 86. Mary Benefield Seiverling
(717) 772-2749
Use of the Forum
4 Pa. Code
Chapter 87 		Summer 2007, as final omitted. The regulations should be amended to reflect the Department's current use of a rental agreement instead of a permit and to reflect the current organizational structure. Mary Benefield Seiverling
(717) 772-2749
Death Benefits for Survivors of Fireman and Law Enforcement Officers
4 Pa. Code
Chapter 89 		Summer 2007, as final omitted. Amendments are needed to this regulation to make it consistent with legislative amendments. Mary Benefield Seiverling
(717) 772-2749
HEALTH
Health Facility Licensure--
General Administrative Chapter & General and Special Hospitals
28 Pa. Code
§ 51.1 et seq.
28 Pa. Code
§ 101.1 et seq. 		September, 2007, as proposed. The amendments to existing regulations will update the licensure requirements for hospitals and other health care facilities. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b. Barbara Holland
(717) 346-9692
 
James T. Steele, Jr.
(717) 783-2500
Communicable Diseases
28 Pa. Code
§ 27.1 et seq. 		December 2007, as proposed. The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21. Jalene Kolb
(717) 783-2500
Supplemental Nutrition Program for Women, Infant's and Children (WIC)
28 Pa. Code
§ 1101.1 et seq. 		August 2007, as proposed. The amendments to existing regulations will bring the Commonwealth into compliance with the requirements of the federal Child Nutrition and WIC Reauthorization Act of 2004. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.102, 448.201(12), 448.601, 448.801a, and 448.803(2) and the Administrative Code of 1929 (71 P. S. 532(a) and (g)). Robert Datorre
(717) 783-2500
School Immunization Requirements
28 Pa. Code
§§ 23.83 and 23.86 		September 2007, as proposed. The amendments to existing regulations will revise immunization requirements for school entry and attendance, add a grace period for the provision of vaccinations in order for them to be considered valid, and change school reporting requirements to require reporting of doses of vaccine given. Pursuant to the Disease Prevention and Control Law of 1955 35 P. S. § 521.1 et seq.; the Administrative Code of 1921 (71 P. S. § 541(c.1)) and the Public School Code of 1949 (24 P. S. § 13-1303a). Yvette M. Kostelac
(717) 783-2500
Sexual Assault Victims Emergency Services Regulations
28 Pa. Code
§§ 117.51--117.58. 		August 2007, as final. The amendments to existing regulations will establish minimum parameters for the treatment of sexual assault victims presenting at Pennsylvania hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.102, 448.201(12), 448.601, 448.801a, and 448.803(2) and the Administrative Code of 1929 (71 P. S. 532(a) and (g)). Robert Datorre
(717) 783-2500
Health Facility Licensure Home Care Agencies and Home Care Registries
28 Pa. Code
Chapter 611 		July 2007, as proposed. These new regulations will set licensure standards for home care agencies and home care registries. Home care agencies employ direct care workers and home care registries refer direct care workers who are independent contractors to provide home care services to individual in their home or other independent living environment. Home care services include assistance with activities of daily living and instrumental activities of daily living, companionship, respite care and other non-medical services. Pursuant to Section 803 (10 of the Health Care Facilities Act, Act of July 19, 1979 (P. L. 130, No. 48), as amended, 35 P. S. § 448.803 (1), and Act 2006-69 at § 809.1, which expressly authorizing the Department to promulgate regulations to implement §§ 806 (d.1) (addressing licensure standards) and 808.3 (addressing consumer protections). Karin Simpson
(717) 783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
25 Pa. Code
§§ 963.12(a)(6) and (7) 963.13(b) 2, 963.13(c), 963.14(a), 963.15(a), 963(15)(c),
25 Pa. Code
§ 965.4(9), and
25 Pa. Code
§ 965.7 		Winter 2007 PENNVEST recommends the following revisions:
(1) Delete 25 Pa. Code § 963.12(a) (6) in its entirety and the second sentence of 25 Pa. Code § 963.13(b)(2) thereby allowing PENNVEST to provide financial assistance (loan or grant) for costs associated with the development of an approvable official sewage plan under the Sewage Facilities Act, 35 P. S. § 750.1 et seq.
(2) 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.
(3) 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 on principal and interest on the 60th month.
(4) Amend 25 Pa. Code § 963.14(a) by revising the section to clarify when the use of an affordability analysis for the award of grants is necessary.
(5) 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 preceding the 20 year term.
(6) 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.
(7) Amend 25 Pa. Code § 965.4 (9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(8) Amend 25 Pa. Code § 965.7 to eliminate the requirement for a second opinion project review if the applicant is able to prove to the satisfaction of PENNVEST that no alternative methodologies are available to reduce project costs for projects with construction costs plus contingency in excess of $10 million. 		Shawn W. Weis
(717) 783-6776
INSURANCE
Producer Licensing
31 Pa. Code,
Chapter 37, §§ 37.1--37.84 		Fall/Winter 2007, as proposed. Act 147 of 2002 sets new standards for Producers in the Commonwealth. This chapter will be repealed and replace with new regulation consistent with the statute. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
Motor Vehicle Financial Responsibility Law--
Evidence of Financial Responsibility
31 Pa. Code,
Chapter 67, §§ 67.21--67.28 		Fall/Winter 2007, as proposed. Amend to make the regulation consistent with statutory requirements. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
Life Insurance Illustrations
(New Chapter 87a) 		Summer/Fall 2007, as proposed. Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
Preparation of Filing of Property and Casualty Forms for Approval
31 Pa. Code,
Chapter 133, §§ 133.1--133.12 		Summer/Fall 2007, as final. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
Description of Reserves--
Prohibited Phrases
31 Pa. Code,
Chapter 139, §§ 139.1--139.3 		Winter 2007, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
Unfair Insurance Practices; Unfair Claims Settlement Practices
31 Pa. Code,
Chapter 146, §§ 146.1--146.10 		Fall/Winter 2007, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
Medical Catastrophe Loss Fund
31 Pa. Code,
Chapter 242 §§ 242.1--242.18 		Summer/Fall 2007, as proposed. Amend the regulation to be consistent with the statute. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
Health Care Provider Retention Program
31 Pa. Code,
Chapter 248, §§ 248.1--248.11 (NEW) 		Summer/Fall 2007, as proposed. Adopt regulations per the Medical Care Availability and Reduction of Error (Mcare) Act (40 P. S. §§ 1303.1101 et seq.). Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
Viatical Regulations
(NEW chapter)
Fall/Winter 2007, as proposed. New regulation addressing issues pertaining to the Licensing of Viatical Brokers. Waiting for NAIC model to be finalized. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
LABOR AND INDUSTRY
Repeal of mine and excavation regulations,
Title 34,
Chap. 33,
Bureau of Occupational and Industrial Safety
Submit final-omitted regulation in Summer 2007. Will revoke Labor and Industry's authority to regulate mines and excavations. The Department of Environmental Protection now has this authority. Edward Leister
(717) 787-3323
Liquefied Petroleum Gas,
Title 34.
Bureau of Occupational and Industrial Safety
Submit proposed rulemaking in Summer 2007. Will enact the Propane and Liquefied Petroleum Gas Act passed in June 2002. Will govern the design, installation and construction of containers and equipment for storage and handling of liquefied petroleum gas, specify the odorization of the gases and establish guidelines for the processing and technologies that are not covered by industry standards. Edward Leister
(717) 787-3323
Storage and Use of Flammable and Combustible Liquids,
Title 37,
Part I Chap. 13,
Bureau of Occupational and Industrial safety 		Submit proposed rulemaking in Summer 2007. Amend existing regulations to provide requirements for unattended self-service stations. Douglas MacAdam
(717) 772-2443
Business Enterprise Program,
Title 34
Bureau of Blindness and Visual Services 		Submit proposed rulemaking in Summer 2007. Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws. Lucy Shumaker
(717) 783-3784
Office of Vocational and Rehabilitation,
Title 34. 		Submitted Final Rulemaking in Summer 2007. Regulations will govern the registration process and implement the Sign Language Interpreter and Transliterator Registration Act which was enacted in 2004 (Act 57 of 2004). Catherine N. Wojciechowski
(717) 787-4186
Unemployment Compensation,
Title 34,
Bureau of Unemployment Compensation Tax Services 		Submit proposed rulemaking in Summer 2007. Update Unemployment Compensation tax and select benefit regulations. Scott Miedrich
(717) 787-2097
Unemployment Compensation,
Title 34,
Bureau of Unemployment Compensation Benefits 		Submit proposed rulemaking in Summer 2007. Update requirements and procedures for filing benefit claims and applications. Jeri Morris
(717) 787-3667
Unemployment Compensation,
Title 34,
Chapter 101,
Unemployment Compensation Board of Review 		Submit proposed rulemaking in Fall 2007. Update appeal and hearing procedures to reflect evolving procedures and statutory changes. Edward Rawlings
(717) 787-1620
Bureau of Workers' Compensation
Title 34,
Chapter 121 		Submit final-form regulation Spring 2007. Updating regulations concerning processing of claims forms/petitions to reflect changes in law and technology. John T. Kupchinsky
(717) 783-5421
Bureau of Workers' Compensation,
Title 34,
Chapter 127,
Medical Cost Containment 		Submit final-form regulation in Spring 2008. Update processes governing medical care and costs under the Workers' Compensation Act. John T. Kupchinsky
(717) 783-5421
Bureau of Workers' Compensation,
Title 34,
Chapter 123 		Re-submit final-form regulation in Spring 2007. Update procedures for qualifications of vocational experts to reflect passage of Act 88. John T. Kupchinsky
(717) 783-5421
Bureau of Workers' Compensation,
Title 34,
Chapter 125A,
Self-Insurance 		Submit proposed rulemaking in Winter 2008. Clarify standards and security requirements for individual self-insured employees. George Knehr
(717) 783-4476
Bureau of Workers' Compensation,
Title 34,
Chapter 123 		Submit proposed rulemaking in Spring 2008. Clarify procedures for obtaining benefits under the Uninsured Employer Guaranty Fund. John T. Kupchinsky
(717) 783-5421
Bureau of Workers' Compensation,
Title 34,
Chapter 131 		Submit proposed rulemaking in Spring 2008. Update procedures for proceedings before workers' compensation judges and incorporating Act 147 of 2006. Elizabeth A. Crum
(717) 787-5082
Workers' Compensation Appeal Board,
Title 34,
Chapter 111 		Submit proposed rulemaking in Spring 2008. Update procedures for Workers' Compensation Appeal Board. Susan McDermott
(215) 560-4583
Bureau of Mediation,
Title 34 		Submit proposed rulemaking in Fall 2007. Specify procedures and process for Bureau mediators. William D. Gross
(717) 787-2803
Bureau of Labor Law Compliance,
Title 34,
Chapter 231,
Minimum Wage 		Submit proposed rulemaking in Fall 2007. Address statutory amendments for training wages, clarify overtime exclusions and delete expired Food-Service Employee Incentive Program. James A. Holzman
(717) 787-4186
MILITARY AND VETERANS AFFAIRS
State Veterans' Homes
43 Pa. Code
Section 7.1 et. seq. 		September 2007 as proposed. This regulation is necessary to update current regulations, make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7. Dennis T. Guise
(717) 861-8503
Persian Gulf Conflict Veterans' Compensation Program
43 Pa. Code
Chapter 9 		July 2007 This regulation is needed to implement Act 29 of 2006, which established the Persian Gulf Conflict Veterans' Compensation Program. The funding for this program was approved by Pennsylvania voters in November 2006, and the Act took effect in December 2006. DMVA's goal is to have regulations (which relate directly to military affairs) in effect by September 2007. Dennis T. Guise
(717) 861-8503
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission
37 Pa. Code
Chapter 203 		Final regulations, August 2007. The Commission intends to publish regulations to allow physicals to be performed by physicians' assistants and certified nurse practitioners. Current regulations require all physicals to be performed only by licensed physicians. Syndi L. Guido
(717) 772-0905
Municipal Police Officers' Education and Training Commission
37 Pa. Code
Chapter 204 		Proposed regulations, August 2007. Act 79 of 2005 requires the Commission to promulgate regulations to implement the Retired Law Enforcement Identification Act. Syndi L. Guido
(717) 772-0905
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PROBATION AND PAROLE
The County Probation and Parole Officers Firearms Education and Training Law
61 P. S.
§ 332.5 (13)
requires the Commission to ''make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation and parole officers.'' 		The proposed regulation was published in the Pennsylvania Bulletin in the fall of 2006. The County Probation and Parole Officers' Education and Training Commission is in the process of promulgating these regulations and anticipates the completion of final regulations by Summer 2007 for publication in the Pennsylvania Bulletin. Henry L. Van Brederode
(717) 787-5699
x 389
The Domestic and Sexual Violence Victim Address Confidentiality Act
23 Pa.C.S.A. § 6712
requires the Office of the Victim Advocate to promulgate regulations to establish an address confidentiality program to protect victims of sexual and domestic violence. 		The regulation will be published in the Pennsylvania Bulletin in the summer of 2007 using the ''final-omitted'' process. 23 Pa.C.S.A. § 6712 (3) requires the Office of the Victim Advocate to promulgate the required regulations by July 1, 2007. Victoria Sostack
(717) 783-5157
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
Portions of 22 Pa. Code,
Part XIII,
Chapters 201, 211, 213, 215 		Publication of proposed rulemaking anticipated within 2-3 months. This proposal is being made to formalize and clarify current practices, remedy problems that have arisen and reflect issues unique to PSERS. Definitions that simply copy the Retirement Code or were outdated were deleted. Regulations that are outdated were, in some instances, moved to a more appropriate section based on content and then deleted for non-applicability. New regulations were added to provide a clear, concise understanding of the Board's policies and procedures in accordance with the Retirement Code. The majority of the amendments to these regulations were to correct grammatical errors and editorial changes to improve readability and to provide consistency with the Retirement Code. Frank Ryder
(717) 720-4733

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