[38 Pa.B. 3420]
[Saturday, June 21, 2008]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
REVENUE
Support Offset and Other Personal Income Tax Provisions	November, 2008, as proposed	This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions.	Douglas Berguson (717) 346-4633
Amendments to Chapter 117. Return and Payment of Tax	November, 2008, as proposed	The proposed regulation will amend § 117.9 and add § 117.9b to reflect the Department's policy regarding the form of Pennsylvania Personal Income Tax returns. In addition, the regulation will provide clear instructions for taxpayers regarding reporting requirements.	Douglas Berguson (717) 346-4633
Pennsylvania Subchapter S Corporations-- Election Language 61 Pa. Code, Chapter 107a	December, 2008, as proposed	The Department is promulgating a new rulemaking as a result of Act 2006-67, which made significant changes to how S corporations are taxed under Pennsylvania Personal Income Tax.	Douglas Berguson (717) 346-4633
Corporate Net Income Tax 61 Pa. Code, §§ 151.14, 153.54, and 153.66--Amended Report	September, 2008, as proposed	The proposed regulation provides a procedure for the filing of amended corporate tax reports for tax reports governed by the assessment process enacted in Act 119 of 2006. Obsolete language will be replaced.	Douglas Berguson (717) 346-4633
Amendments to 61 Pa. Code, Chapters 73 and 74 Malt Beverage Tax	June, 2008, as proposed	The amendments to Chapters 73 and 74 codify legislative changes relating to the Malt Beverage Tax that were set forth in Act 46 of 2003.	Douglas Berguson (717) 346-4633
Pennsylvania Sales and Use Tax Amendments to 61 Pa. Code § 53.1 Clothing	September, 2008, as proposed	The proposed regulation will amend § 53.1 to conform with the statute, as well as amend definitions and clarify examples.	Douglas Berguson (717) 346-4633
SECURITIES COMMISSION
No regulations being developed or considered at this time.
STATE
Bureau of Commissions, Elections and Legislation   Alteration of Local Election Districts-- 4 Pa. Code Chapter 184 (16-36)           --Lobbying Disclosure-- 51 Pa. Code (16-40)	Fall 2008, as Proposed.               Fall 2008, as Final.	The regulation would address the statutory requirements relating to local redistricting in Article V of the Election Code (25 P. S. §§ 2701--2750). Statutory Authority: Section 2750 of the Election Code (25 P. S. § 2570) which authorizes the Secretary of the Commonwealth to promulgate regulations relating to Election District Alteration and Data Reporting.   This final rulemaking is required to implement the Lobbying Disclosure Act, Act 134 of 2006. Statutory Authority: Section 1310-A of the Lobbying Disclosure Act, Act 134 of 2006.	Shauna Graves (717) 265-7632               L. Lawrence Boyle (717) 783-1657
Bureau of Professional and Occupational Affairs--     --Recording Devices-- 49 Pa. Code, §§ 43b.10--43b.102 (number not yet assigned)	Spring 2009, as Proposed.	The regulation would provide rules for the use of electronic (audio and visual) recording devices during meetings of the boards and commissions within the Department of State for which the Bureau of Professional and Occupational Affairs provides administrative support. Statutory Authority: Sections 710 and 711 of the Sunshine Act, act of October 15, 1998 (P. L. 179, No. 93) authorizes the adoption of rules and regulations governing the use of recording devices in public meetings.	Thomas A. Blackburn (717) 783-7200
State Board of Accountancy   --Continuing Education 49 Pa. Code §§ 11.61--11.69a (16A-5511)   --Biennial Renewal Fees-- 49 Pa. Code § 11.4 (16A-5512)	Spring 2009, as Proposed.         Spring 2009, as Proposed.	The regulation would amend continuing professional education requirements for licensed certified public accountants and public accountants. Statutory Authority: Section 3 of the C.P.A. Law (63 P. S. § 9.3).   This proposed rulemaking would increase the biennial renewal fees for certified public accountants, public accountants, public accounting firms and continuing education program sponsors. Statutory Authority: Section 6 of the C.P.A. Law (63 P. S. § 9.6).	Sara Fox (717) 783-1404
State Architects Licensure Board   --Requirements for Examination Eligibility-- 49 Pa. Code § 9.45(b) (16A-419)       --General Revisions-- 49 Pa. Code, Chapter 9 (number not yet assigned)	Fall 2008, as Final.               Spring 2009, as Proposed.	This regulation would adopt a 5-year ''rolling clock'' requirement so that applicants would be required to pass all divisions of the Architect Registration Examination within a rolling 5-year period. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law (63 P. S. § 34.6(a) and (d)).   This regulation would provide a general update of the regulations of the State Architects Licensure Board. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law (63 P. S. § 34.6(a) and (d)).	Penny Walker (717) 783-3397
State Athletic Commission   --Communicable Disease Testing-- 58 Pa. Code § 21.8 (16-37)                 --Mixed Martial Arts-- 58 Pa. Code, Chapter 29 (16-41)	Fall 2008, as Final.                       Spring 2009, as Final.	This regulation would alter the Commission's current regulations that authorize the testing of boxers for communicable diseases to require such testing no more than 6 months prior to the date of the application for licensure. Statutory Authority: Sections 103(b) and 501 of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 501, authorize the Commission to promulgate regulations implementing changes to the health and safety rules as recommended by the Medical Advisory Board.   This rulemaking would add Chapter 29 (relating to professional and amateur mixed martial arts) to regulate the sport of mixed martial arts. Statutory Authority: Sections 103(b) and 302 of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 302, authorize the Commission to establish policy and promulgate rules and regulations regarding professional and amateur boxing contests and exhibitions and all matters pertaining thereto.	Greg Sirb (717) 787-5720
State Board of Barber Examiners   --Student Records and Curriculum-- 49 Pa. Code, Chapter 3 (16A-427)	Fall 2008, as Proposed.	This regulation would amend the current regulations to allow for part-time attendance at barber schools; to allow for transfer of hours between a barber shop and a barber school or between barber shops regardless of whether the shop or school is in-state or out-of-State; to require shop owners and schools to submit a quarterly report of student hours to the Board; to require a shop owner, or a shop owner's designee, to notify the Board of each student to be trained in the shop. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law (63 P. S. § 566.4(b)).	Hillarene Staller (717) 783-3402
State Board of Chiropractic   --Chiropractic specialties 49 Pa. Code Chapter 5 (16A-4312)         --Patient records 49 Pa. Code § 5.51 (16A-4313)     --Reactivation of Lapsed Licenses-- 49 Pa. Code § 5.17 (16A-4314)         --Review of Chiropractic Treatment-- 49 Pa. Code Chapter 5 (16A-4315)   --Assistance of unlicensed Supportive Personnel-- 49 Pa. Code Chapter 5 (16A-4316)   --Needle Acupuncture-- 49 Pa. Code § 5.81 (16A-4317)       --Volunteer license-- 49 Pa. Code § 5.20 (number not yet assigned)	Spring 2009, as Proposed.               Fall 2008, as Final.       Fall 2008, as Final.             Spring 2009, as Proposed.           Spring 2009, as Proposed.           Fall 2008, as Proposed.           Fall 2008, as Final (Proposed- omitted).	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. The regulation would identify the certifications acceptable to the Board. Statutory Authority: Section 302(3) of the Chiropractic Practice Act (63 P. S. § 625.302(3)).     The regulation would clarify the requirements for patient records. Statutory Authority: Section 302(3) of the Chiropractic Practice Act (63 P. S. § 625.302(3)).   This regulation will update the Board's requirement that a licensee whose license has been inactive for more than 5 years demonstrate current competence in order to reactivate the licensee's license. Statutory Authority: Sections 302(3) and 501(b) of the Chiropractic Practice Act (63 P. S. §§ 625.302(3) and 625.501(b)).   This proposed rulemaking would establish standards for chiropractors who are engaged in chiropractic peer review. Statutory Authority: Section 302(3) of the Chiropractic Practice Act (63 P. S. § 625.302(3)).     This proposed rulemaking would establish standards for the delegation of tasks to unlicensed supportive personnel. Statutory Authority: Sections 302(3) and 601 of the Chiropractic Practice Act (63 P. S. §§ 624.302(3) and 625.601).     This rulemaking would permit chiropractors who are registered acupuncturists or practitioners of oriental medicine to practice or advertise needle acupuncture. Statutory Authority: Sections 302(3), 506(a)(4) and 506(a)(11) of the Chiropractic Practice Act.     This regulation is required to conform the regulations to the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act (63 P. S. § 625.302).	Deborah Smith (717) 783-7155
Corporation Bureau --UCC Revised Article 9-- (16-35)	Spring 2009, as Proposed.	This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526.	Martha Brown (717) 787-6802
State Board of Cosmetology   --General Revisions-- 49 Pa. Code Chapter 7 (16A-4514)       --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b, § 43b.5. (number not yet assigned)	Fall 2008, as Final.           Spring 2009, as Proposed.	This regulation would implement the omnibus amendments to the Beauty Culture Law provided by Act 99 of 2006. Statutory authority: Section 16 of Act 99 requires the Board to promulgate regulations within 18 months of its effective date (September 5, 2006).   This regulation would amend the schedule of civil penalties for the State Board of Cosmetology to implement Act 48 civil penalties for failure of a school to submit quarterly reports. Statutory authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).	Hillarene Staller (717) 783-7130
State Board of Dentistry   --EFDA Program Approval-- 49 Pa. Code, Chapter 33 (16A-4616)   --Dental Hygienists Scope of Practice/Local Anesthesia-- 49 Pa. Code, Chapter 33 (16A- 4617)         --Sexual Misconduct-- 49 Pa. Code, Chapter 33 (16A-4618)     --General Revisions-- 49 Pa. Code, Chapter 33 (number not yet assigned)	Fall 2008, as Proposed.         Fall 2008, as Proposed.                   Fall 2008, as Final.           Spring 2009 as Proposed.	This regulation is intended to establish criteria for Board approval of education programs for expanded function dental assistants. Statutory Authority: Section 3(a) of the Dental Law (63 P. S. § 122(a)).     This regulation is intended to update and amend the scope of practice of dental hygienists to conform to modern dental practices; will establish the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist; and will implement the provisions of Act 51 of 2007 relating to public health dental hygiene practitioners. Statutory Authority: Section 3(d) of the Dental Law (63 P. S. § 122(d)).   This regulation will define sexual misconduct as it pertains to dentists, dental hygienists and expanded function dental assistants. Statutory Authority: Sections 3(c), (d) (d.1) and (o) of the Dental Law (63 P. S. § 122(c), (d), (d.1) and (o)).     This regulation will generally update the Board's regulations to reflect current procedures and practices. Statutory Authority: Section 3(o) of the Dental Law (63 P. S. § 122(o)).	Lisa Burns (717) 783-7162
State Registration Board for Professional Engineers, Land Surveyors and Geologists   --General Revisions-- 49 Pa. Code, Chapter 37 (number not yet assigned)	Spring 2009, as Proposed.	The regulation would clarify education and experience requirements for regular and ''grandfathered'' candidates for examination and licensure; revise categories of acceptable professional references for candidates; update the branches of engineering for which license examinations are offered; prescribe standards relating to the use of an electronic seal and signature; clarify criteria for approval of fictitious and corporate names that use variations of professional titles; eliminate unnecessary administrative requirements; and make editorial changes. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. § 151).	Terrie Kocher (717) 783-7049
State Board of Funeral Directors   --Preneed Funeral Arrangements-- 49 Pa. Code, Chapter 13 (16A-4815)   --Preneed Activities of Unlicensed Employee-- 49 Pa. Code, Chapter 13 (16A-4816)   --Renewal Fee-- 49 Pa. Code § 13.12 (16A-4817)	Spring 2009, as Final.         Spring 2009, as Final.           Fall 2008, as Final.	This regulation would clarify and add additional requirements for funeral directors who enter into preneed funeral arrangement agreements. Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law (63 P. S. §§ 479.13(c) and 479.16(a)).   The regulation would clarify what conduct by an unlicensed individual is permitted, as strongly urged by the court in Walker v. Flitton, 364 F.Supp.2d 503 (U.S.D.C. M.D. Pa. 2005). Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law (63 P. S. §§ 479.13(c) and 479.16(a)).   This regulation would increase the biennial renewal fee for licensed funeral directors. Statutory Authority: Section 18.1 of the Funeral Director Law (63 P. S. § 479.18.1).	Heidi Weirich (717) 783-3397
State Board of Medicine   --Acupuncture-- 49 Pa. Code § 18.15 (16A-4924)               --General Revisions-- 49 Pa. Code, Chapters 16, 17 and 18 (16A-4925)                 --Nurse Midwife Prescriptive Authority-- 49 Pa. Code, Chapter 18 (16A-4926)   --Clarification of Medicine and Surgery-- 49 Pa. Code, Chapters 16 and 17 (16A-4927)   --Volunteer License-- 49 Pa. Code § 16.18 (number not yet assigned)	Spring 2009, as Final.                 Spring 2009, as Proposed.                         Fall 2008, as Final.           Spring 2009, as Proposed.           Fall 2008, as Final (Proposed- omitted).	This proposed rulemaking amends the Board's existing acupuncture regulations so they comport with Act 186 of 2006, which amends the Acupuncture Registration Act (63 P. S. §§ 1801--1806) by authorizing acupuncturists to treat patients for up to 60 calendar days without first obtaining a referral from a physician. Statutory Authority: Sections 3 and 3.1 of the Acupuncture Registration Act (63 P. S. §§ 1803 and 1803.1).   This proposed rulemaking will implement Acts 29, 46 and 48 of 2007, and will generally update the regulations of the Board relating to physicians, physician assistants, certified registered nurse practitioners, respiratory care practitioners, and volunteer licensees. Statutory Authority: Acts 29, 46 and 49 of 2007 direct the Board to adopt, promulgate and enforce regulations to effectuate the amendments adopted in the respective Acts. In addition, Section 8 of the Medical Practice Act of 1985 (63 P. S. § 422.8), authorizes the Board to promulgate regulations that are reasonably necessary to carry out the purposes of the Act.   This rulemaking is required to implement Act 50 of 2007 relating to prescriptive authority for nurse midwives. Statutory Authority: Sections 8 and 35(a) of the Medical Practice Act of 1985 (63 P. S. §§ 422.8 and 422.35(a)).     This rulemaking would amend basic definitions and establish minimum standards of practice relating to examinations preceding treatment and relating to certain medical procedures. Statutory Authority: Section 8 of the Medical Practice Act of 1985 (63 P. S. § 422.8).   This regulation is required to amend the current regulations regarding volunteer licenses to conform to 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).	Tammy Radel (717) 783-1400
--Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b, § 43b.20. (number not yet assigned)	Spring 2009, as Proposed.	This regulation would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).	Tammy Radel (717) 783-1400
State Board of Nursing   --LPN/IV Therapy-- 49 Pa. Code § 21.145 (16A-5122)   --RN and LPN Program Examination Pass Rates-- 49 Pa. Code, Chapter 21 (16A-5123)           --CRNP General Revisions-- 49 Pa. Code, Chapter 21, Subchapter C (16A-5124)	Fall 2008, as Proposed.       Spring 2009 as Final.                   Fall 2008, as Proposed.	This regulation addresses the LPN's role in working with peripherally inserted central catheters (PICC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law (63 P. S. § 667.6).   This regulation will clarify the procedure for removing a nursing education program from the approved list and further establish standards for placing a nursing education program on provisional approval or removing the program from the approved list based on the failure rate for first-time examinees on the licensure examination. Statutory Authority: Section 2.1(k) of the Professional Nursing Law (63 P. S. § 212.1(k)), and section 17.6 of the Practical Nurse Law (63 P. S. § 667.6).   This regulation is required to implement Act 206 of 2002, which gave exclusive jurisdiction over CRNPs to the State Board of Nursing and to revise the existing regulations to allow the effective use of CRNPs to the full extent of their education and training. Statutory Authority: Section 2.1(k) of the Professional Nursing Law (63 P. S. § 212.1(k)), and section 7(c) of Act 306 of 2002 (P. L. 1567, No. 206), December 9, 2002.	Ann Steffanic (717) 783-7142
State Board of Nursing (cont'd)   --Clinical Nurse Specialists-- 49 Pa. Code, Subchapter H, §§ 21.801--21.831 (16A-5133)           --Volunteer License-- 49 Pa. Code, Chapter 21, Subchapter F, §§ 21.601--21.607. (number not yet assigned)	Fall 2008, as Proposed.                   Fall 2008, as Final (Proposed- omitted).	This proposed regulation is required to implement Act 49 of 2007, which amended the professional Nursing Law to provide for the certification of clinical nurse specialists. Statutory Authority: Section 5 of Act 49 requires the Board to promulgate regulations within 18 months. Section 2.1(k) of the Professional Nursing Law (63 P. S. § 212.1(k)) authorizes the Board to establish rules and regulations for the practice of professional nursing and the administration of the Act.   This regulation is required to amend the 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)).	Ann Steffanic (717) 783-7142
State Board of Examiners of Nursing Home Administrators   --Temporary Permits-- 49 Pa. Code § 39.1, 39.4 and 39.17 (16A-629)       --Sexual Misconduct-- 49 Pa. Code §§ 39.1 and 39.9 (16A-6211)     --Continuing Education-- 49 Pa. Code § 39.61 (16A-6212)     --Continued Competence-- 49 Pa. Code, Chapter 39 (16A-6213)       Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b, § 43b.17 (number not yet assigned)	Spring 2009, as Final.             Spring 2009, as Proposed.           Fall 2008, as Proposed.         Spring 2009, as Proposed             Spring 2009, as Proposed.	The proposed rulemaking would clarify, update and expand on the temporary permit requirements under section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114. Statutory Authority: Section 4(c) and 14 of the Nursing Home Administrators License Act (63 P. S. §§ 1104 (c) and 1114).   This regulation would add sexual abuse, sexual misconduct and sexual harassment as offenses for which a nursing home administrator's license may be disciplined. Statutory Authority: Sections 4(c) and 6(g) of the Nursing Home Administrators Licensure Act, (63 P. S. §§ 1104(c) and 1106(g)).   This rulemaking would amend the Board's existing regulations relating to continuing education clock hours. Statutory Authority: Section 9(b) of the Nursing Home Administrators Licensure Act (63 P. S. § 1109(b)).   This regulation would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act (63 P. S. § 1104(a)(4),(9) and (c)).   This regulation would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).	Chris Stuckey (717) 783-7155
State Board of Occupational Therapy Education and Licensure   --Continuing Competency-- 49 Pa. Code §§ 42.50--42.58 (16A-677)	Fall 2008, as Proposed.	The proposed rulemaking will implement section 15(a) of the Occupational Therapy Practice Act, 63 P. S. § 1515(a), which authorizes the board to establish additional requirements for the license renewal designed to assure continued competency. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act (63 P. S. § 1505(b)).	Chris Stuckey (717) 783-1389
State Board of Optometry   --Volunteer License-- 49 Pa. Code § 23.26 (number not yet assigned)	Fall 2008, as Final (Proposed- omitted).	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   --Physician Assistant Prescriptive Authority-- 49 Pa. Code, Chapter 25 (16A-5318)     --Miscellaneous Provisions-- 49 Pa. Code, Chapter 25 (16A-5319)             --Volunteer License-- 49 Pa. Code, Chapter 25, Subchapter L, §§ 25.601--25.607. (number not yet assigned)   --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b. (number not yet assigned)	Spring 2009, as Final.             Fall 2008, as Proposed.                   Fall 2008, as Final (Proposed- omitted).           Spring 2009, as Proposed.	This rulemaking (developed with the assistance, advice and consent of the Pharmacy Board) sets forth the requirements for physician assistants with regard to prescriptive authority under the direction of a licensed physician. Statutory Authority: Section 10(h) and (p) of the Osteopathic Medical Practice Act (63 P. S. § 271.10(h) and (p)).   This regulation implements Acts 29 and 46 of 2007 pertaining to supervision of physician assistants and continuing medical education for volunteer license holders. Statutory Authority: Section 10(h) of the Osteopathic Medical Practice Act (Act) (63 P. S. § 271.10(h)), authorizes the Board to establish rules and regulations relating to physician assistants; and section 16 of the Act (63 P. S. § 271.16), authorizes the Board to adopt regulations as are reasonably necessary to carry out the purposes of the Act.   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).       This regulation would establish a schedule of civil penalties for the State Board of Osteopathic Medicine to implement Act 48 civil penalties for failure to report complaints filed against an osteopathic physician in a medical professional liability action. Statutory authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).	Gina Bittner (717) 783-4858

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