[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
State Board of Pharmacy   --Supplies and Equipment-- 49 Pa. Code, Chapter 27 (16A-5415)       --General Revisions-- 49 Pa. Code, Chapter 27 (16A-5416)     --Continuing Education-- 49 Pa. Code § 27.32 (16A-5417)   --Sale of Hypodermic Needles and Syringes-- 49 Pa. Code, Chapter 27 (16A-5418)   --Pharmacist Breaks-- 49 Pa. Code, Chapter 27 (16A-5420)   --Fees-- 49 Pa. Code § 27.91 (16A-5422)     --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b, § 43b.7 (number not yet assigned) .	Fall 2008, as Final.             Spring 2009, as Final.           Spring 2009, as Final.       Spring 2009, as Final.           Spring 2009, as Final.         Fall 2008, as Proposed.       Spring 2009, as Proposed.	The regulation would amend existing regulations pertaining to supplies and equipment to eliminate a specific list of supplies and allow pharmacies to keep on hand supplies specific to the pharmacy's area of practice. 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) and (9)).   The regulation would update the regulations of the Board to delete outdated portions and amend sections to recognize current pharmacy practice. 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) and (9)).   This regulation would clarify the Board's continuing education requirements. Statutory Authority: Section 3.1 of the Pharmacy Act (63 P. S. § 390-3.1).     This regulation would amend existing regulations to eliminate the requirement for a prescription prior to dispensing needles and syringes by a pharmacist. Authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act (63 P. S. §§ 390-4(j) and 390-6(k)(1) and (9)).   This regulation would permit a sole pharmacist on duty to take up to a 30-minute break while the pharmacy remains open. 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) and (9)).   This proposed rulemaking would amend the schedule of fees of the State Board of Pharmacy to increase fees. Statutory authority: Section 8.2(a) of the Pharmacy Act (63 P. S. § 390-8.2(a)).   This regulation would amend the schedule of civil penalties for the State Board of Pharmacy 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)).	Melanie Zimmerman (717) 783-7156
State Board of Physical Therapy   --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b. (number not yet assigned	Spring 2009, as Proposed.	This regulation would establish a schedule of civil penalties for the State Board of Physical Therapy to implement Act 48 civil penalties for practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).	Michelle Roberts (717) 783-7134
State Board of Podiatry   --Certificate of Authority to Perform Acupuncture-- 49 Pa. Code, Chapter 29 (16A-449)   --Volunteer License-- 49 Pa. Code § 29.55 (number not yet assigned)	Spring 2009, as Proposed.         Fall 2008, as Final (Proposed- Omitted).	This regulation is required to establish the fees and regulate the practice of acupuncture by podiatrists 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 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   --Qualifications-- 49 Pa. Code, Chapter 41 (16A-6315)       --Continuing Education-- 49 Pa. Code § 41.59 (16A-6317)     --Code of Conduct-- 49 Pa. Code § 41.61 (16A-6318)           --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b. (number not yet assigned)	Fall 2008, as Proposed.           Fall 2008, as Proposed.         Spring 2009, as Proposed.             Spring 2009, as Proposed.	This regulation amends education, experience and examination requirements as well as creates new and amends existing supervisor requirements. Statutory Authority: Sections 3.2(1) and (2) of the Professional Psychologists Practice Act (63 P. S. §§ 1203.2(1) and (2)).   This regulation would amend the Board's continuing education requirements regarding home study, instruction and carry over. Statutory Authority: Section 15 of the Professional Psychologists Practice Act (63 P. S. § 1215).   This regulation would update the Board's Code of Conduct so that it would be in line with changes to the American Psychological Association and the Association of State and Provincial Psychology Boards. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act (63 P. S. § 1203.2(2)).   This regulation would establish a schedule of civil penalties for the State Board of Psychology 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 Real Estate Commission   --Seller's Property Disclosure Statement-- 49 Pa. Code§ 33.335a (16A-5618)   --Education-- 49 Pa. Code § 35.384, 35.385. (16A-5613)       --Consumer Notice-- 49 Pa. Code § 35.336 (16A-5614)     --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b, § 43b.8 (number not yet assigned)	Fall 2008, as Proposed.         Fall 2008, as Proposed.           Fall 2008, as Final.       Spring 2009, as Proposed.	This regulation adopts a form ''seller's property disclosure statement'' as required by Act 114 of 2000. Statutory Authority: Section 7304(a) of the Residential Real Estate Transfers Law (63 P. S. § 7304(a)).   This proposed regulation would require new licensees to complete a mandatory 14-hour post-licensure course in lieu of their continuing education. Statutory Authority: Sections 404 and 404.1 of the Real Estate Licensing and Registration Act (63 P. S. §§ 455.404 and 455.404a).   This regulation would shorten and simplify the Consumer Notice mandated by section 608 of the Real Estate Licensing and Registration Act. Statutory Authority (63 P. S. § 455.608).   This regulation would amend the schedule of civil penalties for the State Real Estate Commission 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)).	Patricia Ridley (717) 783-3658
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors   --Standards of Professional Conduct-- 49 Pa. Code, Chapters 47, 48 and 49 (16A-6911)   --Biennial Renewal Fees-- 49 Pa. Code § 47.4 (16A-6915)         --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b. (number not yet assigned)	Fall 2008, as Proposed.             Fall 2008, as Final.             Spring 2009, as Proposed.	The regulation would establish a code of ethics and standards of professional conduct for social workers, clinical social workers, marriage and family therapists, and professional counselors licensed by the board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. § 1906(2)).   The regulation would increase the biennial renewal fees for licensed social workers, licensed clinical social workers, marriage and family therapists and professional counselors from $45 to $75. Statutory authority: Section 18(c) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. § 1918(c)).   This regulation would establish a schedule of civil penalties for the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors to implement Act 48 civil penalties for practicing without a license or practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993 (63 P. S. § 2205(a)).	Sandra Matter (717) 783-1389
State Board of Examiners in Speech-Language and Hearing   --General Revisions-- 49 Pa. Code, Chapter 45. (number not yet assigned)   --Schedule of Civil Penalties-- 49 Pa. Code, Chapter 43b. (number not yet assigned)	Spring 2009, as Proposed.           Spring 2009, as Proposed.	This regulation is intended to be a general update of the regulations of the Board to delete or amend outdated regulations. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act (63 P. S. § 1705(2)).     This regulation would amend the schedule of civil penalties for the State Board of Speech-Language and Hearing 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)).	Sandra Matter (717) 783-1389
State Board of Vehicle Manufacturers, Dealers and Salespersons   --Salesperson License-- 49 Pa. Code, Chapter 19 (16A-609)	Spring 2009, as Proposed.	The Board of Vehicles Act requires every person who is engaged in the buying, selling or exchanging of vehicles for a commission, compensation or other consideration, to be a licensed salesperson on behalf of a dealer, unless that person is the dealer. This regulation would clarify that the reference to ''dealer'' in the phrase ''unless that person is the dealer'' refers only to a person holding a dealer license as a sole proprietor. Statutory Authority: Section 4(9) of the Board of Vehicles Act (63 P. S. § 818.4(9)).	Janice Cline (717) 783-1697
State Board of Veterinary Medicine   --Veterinary Dentistry-- 49 Pa. Code, Chapter 31 (16A-5718)   --Facilities-- 49 Pa. Code, Chapter 31 (16A-5720)     --Professional Conduct-- 49 Pa. Code, Chapter 31 (16A-5721)       --Emergency Services-- 49 Pa. Code, Chapter 31 (16A-5722)	Spring 2009, as Proposed.         Spring 2009, as Proposed.         Spring 2009, as Final.             Spring 2009, as Proposed.	This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act (63 P. S. § 485.5).     This regulation would establish standards for and require registration of veterinary facilities. Statutory Authority: Sections 5 and 27 of the Veterinary Medicine Practice Act (63 P. S. §§ 485.5 and 485.27).   This regulation would clarify the types of conduct that constitutes unprofessional conduct which may lead to disciplinary action under section 21(1) of the Veterinary Medicine Practice Act. Statutory Authority: Sections 5 and 21 of the Veterinary Medicine Practice Act (63 P. S. §§ 485.5 and 485.21).   This regulation would establish something. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act (63 P. S. § 485.5).	Michelle Roberts (717) 783-7134
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 250.2. Time to appeal. (This proposed regulation will supercede that portion of 1 Pa. Code § 35.35 pertaining to the 10-day period of time to appeal from delegated actions of subordinate officers and substitute a 30-day period of time to file an appeal.)	SERS is ready to submit Regulation 31-6 for final approval by early June 2008.	Current hearing regulations are inconsistent with operational practice supporting member-friendly service.	Paul Stahlnecker, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code §§ 250.1 and 250.15. Applicability of general rules. (These current regulations will be modified to permit the application of proposed 4 Pa. Code § 250.2.)	SERS is ready to-submit Regulation 31-6 for final approval by early June 2008.	Specific provisions in SERS' regulations should be exceptions to the general rules of administrative practice and procedure.	Paul Stahlnecker, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 247.11 Priority of taxation, attachments and assignments of funds. (This proposed regulation will clarify the priority of payments to be made from the members' accounts by SERS pursuant to 71 Pa. C.S. § 5953.)	SERS' Board authorized going forward and it is in process as Regulation 31-7. The statute does not set priorities among conflicting demands on members' accounts.	A recent court decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of priority issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 247.7(a). Priority of death benefit payment. (This proposed regulation will clarify the priority of death benefit payments to be made by SERS pursuant to the second sentence of 71 Pa.C.S. § 5905(g).)	The Governor's Office of Policy and Planning approved Proposed Regulation 31-12 in a memorandum dated April 2, 2008.   The Office of Attorney General issued a tolling memorandum on April 29, 2008 raising three questions regarding provisions of the proposed regulation. SERS is preparing a response which will be sent to OAG through OGC on or before June 2, 2008.	The statute does not set priorities among conflicting demands on members' death benefits. A regulation would enable consistent application of the statute and would reduce litigation of priority issues.	Salvatore Darigo, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	SERS Board authorized going forward and it is in process as Regulation 31-13.	The language is obsolete. No credit union currently meets the statutory requirements and it is unlikely that any new ones will. A corresponding statutory amendment is also being considered.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 247.6(a) Termination of Annuities. (This proposed regulation would delete the 30-day requirement to elect multiple service.)	SERS' Board authorized going forward and it is in process as Regulation 31-10.	The 30 day requirement in the regulation has been rendered obsolete by changes to SERS' enabling legislation.	Jill Vecchio, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 247.4(c) Disability Annuities. (This proposed regulation will clarify: 1) the methodology used to determine the employer-funded offset credit; 2) the service-connected disability supplement; and 3) the rights of terminated members to apply for a disability.)	2008	The statute does not expressly determine the methodology, the effects of these formulas and when terminated members can apply. Recent court and administrative decisions have offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of disability and supplement issues. This is also being considered as a statutory amendment.	M. Catherine Nolan, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 245.4. Member contributions for the purchase of credit for previous State service or to become a full coverage member. (The regulation would be amended to specify the effects of a service purchase or reinstatement.)	2008	This regulation would be amended to clarify the effects of the reinstatement or purchase of previous State service. A recent administrative decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of purchase of service issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code §§ 241.1; 247.7. Definitions. (The definition of ''Beneficiary'' would be amended to specify that the beneficiaries must be named rather than merely described.) Gender neutral terms would be substituted and an operational provision that is found elsewhere would be removed from this definitional section.	SERS' Board authorized going forward and they are in process as Regulations 31-8 and 31-11.	The amendment would clarify and settle whether a proper name (''John Doe'') or a general description (''my children,'' ''my issue,'' ''per stirpes'') suffices. A lack of named beneficiaries can cause significant legal and administrative ambiguities that this amendment would avoid. This is also being considered as a statutory amendment.	Jill Vecchio, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 241.2. Electronic submission of member documents and electronic benefit transactions.	SERS' Board authorized going forward and it is in process as Regulation 31-9.	This new regulation would provide for adoption of a policy by SERS to specify procedures for electronic member transactions consistent with Commonwealth practice and policy and include a hold harmless provision.	Jill Vecchio, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 243.8. Membership rules for educational employees.	2008	This new regulation would clarify the requirements for membership and final average salary calculations for educational employees.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
STATE POLICE
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	January 2009, as proposed	Act 185 of 2004 repealed Chapter 47 of Title 42 of the Pennsylvania Consolidated Statutes and amended Title 44 to add Chapter 23, DNA Data and Testing. The act requires the State Police to promulgate rules and regulations to carry out its provisions.	Syndi L. Guido Policy Director (717) 772-0905
Administration of Megan's Law--Neighbor Notification 37 Pa. Code Chapter 55	January 2009, as proposed	Act 18 of 2000, known as Megan's Law, provides for the registration of sexual offenders and community notification for sexually violent predators. The act requires the Department to promulgate guidelines for the general administration of the act in consultation with the Department of Corrections, the Office of Attorney General, the Pennsylvania Board of Probation and Parole, and the chairmen and minority chairmen of the Senate and House Judiciary Committees. The act also requires the Department to write regulations regarding neighbor notification of sexually violent predators' residence, school, or employer. See 42 Pa.C.S. § 9799.1 Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them in light of subsequent and anticipated amendments Megan's Law.	Syndi L. Guido Policy Director (717) 772-0905
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
43--Temporary Registration Cards and Plates   67 Pa. Code, Chapter 43	December 2008	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation, as these items are now addressed in the required contracts.	Andy Cleaver (717) 787-2171
175--Vehicle Equipment and Inspection   67 Pa. Code, Chapter 175	September 2008	Many changes to the regulation are needed to bring the regulation into alignment with Vehicle Code changes. Other changes are needed to portions of the regulation to implement desired initiatives. One such initiative is to eliminate refunds to inspection stations for unused registration stickers, resulting in a savings to the Commonwealth.	John Munafo (717) 787-2171
21--Odometer Read Disclosure Statements   67 Pa. Code, Chapter 21	December 2008	Changes are needed to bring the regulation current with the Vehicle Code, to specify the age at which a vehicle becomes exempt from odometer disclosure.	Andy Cleaver (717) 787-2171
23--Delivery of Certificates of Title   67 Pa. Code, Chapter 23	December 2008	The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S. § 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail.	Andy Cleaver (717) 787-2171
17--Authorization to Verify ID Numbers   67 Pa. Code, Chapter 17	December 2008	Changes are needed to document the Vehicle Identification Number (VIN) verification process. The VIN verification process is not currently documented in either the Vehicle Code or in regulations.	Andy Cleaver (717) 787-2171
71--School Bus Drivers 67 Pa. Code, Chapter 71	July 2008	The regulations are being updated to clarify the requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association. (Status as of 04/08 proposed regulations are at the Governor's Office).	Scott Shenk (717) 783-5958
83--Physical & Mental Criteria-Including Vision Standards Relating to the Licensing of Drivers   67 Pa. Code, Chapter 83	July 2008	The regulation is being updated to clarify the requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association. This change will also incorporate the change required by HB1912, Act 756, passed July 15, 2004, that allows chiropractors to conduct exams for learner's permits. (Status as of 04/08 proposed regulations are at the Governor's Office)	Scott Shenk (717) 783-5958
255--Messenger Services   67 Pa. Code, Chapter 255	December 2008	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations, or fines will be removed from the regulation as these items are now addressed in the required contracts.	Andy Cleaver (717) 787-2171
171--School Buses and School Vehicles.   67 Pa. Code, Chapter 171	August 2008	Regulations are being updated to incorporate current technology. Regulations have been reviewed with industry and are ready to begin the promulgation process.	Scott Shenk (717) 783-5958
471--Airport Rating & Licensing; 473--Aviation Development Grants; 477--Local Real Estate Tax Reimbursement Grants; 479--Obstructions to Aircraft   67 Pa. Code, Chapters 471, 473, 477 and 479	December 2008	The various chapters of the regulation need to be updated as described below. The purpose of the amendments to Chapter 471 is to provide clarification of requirements and provide greater flexibility in the licensing of various categories and types of landing facilities. The amendments provide the flexibility to accommodate various levels of airport operations and advances in technology that were not envisioned or available at the time the regulation was originally adopted. The purpose of the amendments to Chapter 473 is to allow for increased flexibility for the Department in providing a higher state share for granted projects and allow for a more efficient use of the Aviation Development grant funds available. The purpose of the amendments to Chapters 477 and 479 is to simplify and better organize these Chapters in relation to the Chapters 471 and 473. There were no substantive changes to these chapters.	Brian Gearhart (717) 705-1250
Establishment of a Grant Program for Automated Red Light Enforcement Dollars.   67 Pa. Code, Chapter (To Be Determined)	December 2008 as proposed rulemaking	Section 3116 of the Pennsylvania Vehicle Code provides the legal authority for the establishment of a pilot automated red light enforcement (ARLE) program within the City of Philadelphia. Section 3116(l)(2) says that the revenues remaining from ARLE fines, after deducting the system administrator's operation and maintenance costs, shall be deposited into the Motor License Fund and shall be used by the Department to develop, by regulation, a Transportation Enhancements Grant Program. Therefore, a completely new regulation is needed to establish the provisions of this new Transportation Enhancements Grant Program.	William Laubach (717) 787-9787
Chapter 427--Public Transportation (Act 44 of 2008)	December 2008	Act 44 of 2008, Chapter 15, Sustainable Mobility Options, authorizes almost all public transportation funding programs for the Commonwealth. The legislation requires the Department to develop regulations for several sections of the legislation. Act 44 offered the Department a two-year window to promulgate temporary regulations. The temporary regulations should be drafted by December 2008.	LaVerne Collins (717) 787-1214

[Pa.B. Doc. No. 08-1168. Filed for public inspection June 20, 2008, 9:00 a.m.]

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