Pennsylvania Bulletin

PA Bulletin, Doc. No. 08-198b

[38 Pa.B. 691]
[Saturday, February 2, 2008]

[Continued from previous Web Page]

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

REVENUE

Construction Contractors
61 Pa. Code §§ 31.11--31.16 and 46.11--46.17 July, 2008 as proposed. The regulation will provide an update to the rules regarding contracts with exempt and nonexempt entities following Act 45 of 1998. Department awaiting decision of the Pennsylvania Supreme Court. Douglas Berguson
(717) 346-4633

Realty Transfer Tax Amendments
61 Pa. Code
Chapter 91 December, 2007, as final. The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy. Douglas Berguson
(717) 346-4633

Support Offset and Other Personal Income Tax Provisions
May, 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
May, 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

Repeal of § 32.38 Sales and Use Tax Exclusion for Tangible Personal Property Used in Production of Commercial Motion Pictures February, 2008, as final. Act 55 of 2007 repealed the exclusion at 61 Pa. Code § 32.38, effective October 1, 2007. The Department is promulgating a final-omitted regulation to reflect this change in the statute and remove the obsolete regulation in a timely manner. Douglas Berguson
(717) 346-4633

Pennsylvania Subchapter S Corporations-- Election Language
61 Pa. Code
Chapter 107a June, 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 June, 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 May, 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

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 § 184
(16--36)

--Lobbying Disclosure
51 Pa. Code
(16--40) Summer 2008, as proposed.

Spring 2008, as proposed. 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 proposed rulemaking is required to implement the Lobbying Disclosure Act, Act 134 of 2006, which requires the Lobbying Disclosure Committee to deliver proposed regulations implementing the provisions of Act 134 within 180 days. Statutory Authority: Section 1310-A of the Lobbying Disclosure Act, Act 134 of 2006. L. Lawrence Boyle
(717) 783-1657

Bureau of Professional and Occupational Affairs--

Schedule of Civil Penalties (Nurses)
49 Pa. Code
§ 43b.18
(16--38)

--Recording Devices
49 Pa. Code §§ 43b.101--43b.102
(number not yet assigned)

Spring 2008, as final.

Summer 2008, as proposed.

The regulations would amend the civil penalty schedule for the State Board of Nursing by adding civil penalties for violation of the continuing education regulations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

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.

Cynthia K. Montgomery
(717) 783-7200
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)

Summer 2008, as proposed.

Spring 2008, 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)

Spring 2008, as final.

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).

Penny Walker
(717) 783-3397

State Athletic Commission

--Communicable Disease Testing
58 Pa. Code
§ 21.8
(16-37)

Spring 2008, 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.

Greg Sirb
(717) 787-5720

State Board of Barber Examiners

--Student Records and Curriculum
49 Pa. Code
Chapter 3
(16A-427)

Winter 2007-2008, 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)

--Volunteer license
49 Pa. Code § 5.20
(number not yet assigned)

Spring 2008, as proposed.

Summer 2008, as final.

Summer 2008, as final.

Spring 2008, as proposed.

Spring 2008, as proposed.

Spring 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 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)

Summer 2008, 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)

Spring 2008, as final.

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).

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)

--Volunteer license
49 Pa. Code
§ 33.110
(number not yet assigned)

Spring 2008, as proposed.

Spring 2008, as proposed.

Spring 2008, as final.

Spring 2008, as final (Proposed-
omitted).

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 and will establish the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist. 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 is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. 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)

Summer 2008, 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

--Forms Review
49 Pa. Code
§§ 13.204 and 13.244
(16A-4813)

--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 2008, as final.

Summer 2008, as final.

Summer 2008, as final.

Summer 2008, as final.

This regulation would clarify the criteria by which the Board will review form statements of funeral goods and services and preneed contracts and add grounds for the Board to disapprove forms. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).

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).

The 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

--Qualifications of Expert Witnesses
49 Pa. Code § 16.52
(16A-4923)

--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)

Summer 2008, as final.

Spring 2008, as proposed.

Spring 2008, as proposed.

Summer 2008, as final.

Spring 2008, as proposed.

Spring 2008, as final (Proposed-
omitted).

This regulation will adopt the criteria for qualification as an expert established by section 512 of the Mcare Act for all proceedings before the Board. Statutory Authority: Sections 8 and 9 of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.9.

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

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)

--Fees for CRNP Continuing Education Course Approval
49 Pa. Code
Chapter 21
(16A-5128)

--Approval of Nursing Education Programs
49 Pa. Code
Chapter 21
(16A-5129)

--Continuing Education for RNs
49 Pa. Code
Chapter 21
(16A-5130)

Spring 2008, as proposed.

Winter 2007-2008, as proposed.

Winter 2007-2008, as proposed.

Spring 2008, as final.

Spring 2008, as proposed.

Spring 2008, as final.

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.

This regulation would establish a fee for the approval of CRNP continuing education courses. Statutory Authority: Sections 8.1(c) and 11.2(a) and (d) of the Professional Nursing Law, 63 P. S. §§ 218.1(c), 221.2(a) and (d).

This regulation updates the Board's regulations relating to nursing education programs as part of a systematic review of the professional nursing regulations undertaken by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).

The proposed regulation is required to implement the continuing education requirements mandated by Act 58 of 2006. Statutory authority: Section 12 of the Professional Nursing Law, 63 P. S. § 222.

Ann Steffanic
(717) 783-7142

State Board of Nursing (cont'd)

--Schedule of Civil Penalties--Nurses
49 Pa. Code
§ 43b.18
(16-38)

--Faculty Requirements for Nursing Education Programs
49 Pa. Code
§§ 21.71 and 21.72
(16A-5131)

--Administration of Conscious Sedation Medications
49 Pa. Code
Chapter 21
(16A-5132)

--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)

Spring 2008, as final.

Spring 2008, as final.

Fall 2008, as proposed.

Winter 2007-2008, as proposed.

Spring 2008, as final (Proposed-
omitted).

This regulation would amend the civil penalty schedule for the State Board of Nursing by adding civil penalties for violation of the continuing education regulations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

This rulemaking would amend the Board's regulations relating to faculty requirements in order to expand the pool of qualified faculty, faculty assistants and allied faculty for nursing education programs. Statutory authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1, provides the Board the authority to establish standards for the operation and approval of nursing education programs.

The proposed regulation would provide standards for registered nurses in the administration of conscious sedation medications. Statutory authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).

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
Administrator-In-
Training
49 Pa. Code
Chapter 39
(16A-627)

--Sexual Misconduct
49 Pa. Code §§ 39.1 and 39.9
(16A-629)

--Continuing Education
49 Pa. Code § 39.61
(16A-6212)

Spring 2008, as final.

Summer 2008, as proposed.

Spring 2008, as proposed.

This regulation would create an alternative method for obtaining experience and training prior to admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c).

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 49(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).

Chris Stuckey
(717) 783-7155

State Board of Occupational Therapy Education and Licensure

--Continuing Competency
49 Pa. Code §§ 42.50--42.58
(16A-677)

Spring 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)
Spring 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)

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

Spring 2008, as final.

Spring 2008, as final (Proposed-
omitted).

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 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

--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 479 Pa. Code
Chapter 27
(16A-5419)
.

Spring 2008, as final.

Spring 2008, as final.

Summer 2008, as final.

Spring 2008, as final.

Summer 2008, as final.

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 thirty-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).

Melanie Zimmerman
(717) 783-7156

State Board of Physical Therapy

--Biennial Renewal Fees
49 Pa. Code § 40.5
(16A-6511)

--Deletion of Athletic Trainer Regulations
49 Pa. Code
Chapter 40, Subchapter B
(16A-6512)

Spring 2008, as final.

Spring 2008, as final (Proposed-
omitted).

This regulation would increase the biennial renewal fees for physical therapists, physical therapy assistants and certificate holders. Statutory Authority: Section 8(b) of the Physical Therapy Practice Act, 63 P. S. § 1308(b).

This regulation is required to delete the outdated/superseded athletic trainer regulations from Chapter 40. Statutory Authority: Acts 92 and 93 of 2001, which repealed sections 10.1 and 10.2 of the Physical Therapy Practice Act, formerly 63 P. S. §§ 1310.1 and 1310.2.

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 2008, as proposed.

Spring 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)

Spring 2008, as proposed.

Spring 2008, as proposed.

Summer 2008, 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).

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)

--Partial Fees
49 Pa. Code
Chapter 35
(16A-5615)

Spring 2008, as proposed.

Spring 2008, as proposed.

Spring 2008, as final.

Spring 2008, 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 proposed regulation would eliminate the partial fees charged to licensees who apply mid-biennium. Statutory authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.

Patricia Ridley
(717) 783-3658

State Board of Social Workers, Marriage and Family Therapists and Professional Counselors

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

--Standards of Professional Conduct
49 Pa. Code
Chapters 47, 48 and 49
(16A-6911)

--Biennial Renewal Fees
49 Pa. Code § 47.4
(16A-6915)

Winter 2007-2008, as final.

Spring 2008, as proposed.

Spring 2008, as final.

This regulation clarifies the definition of ''accredited school,'' amends the name of the examination, and provides that students who graduate from social work programs that are in candidacy for accreditation at the time of their graduation may apply for licensure once the program obtains accreditation. Statutory Authority: Section 6 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906.

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).

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)

Summer 2008, 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).

Sandra Matter
(717) 783-1389

State Board of Vehicle Manufacturers, Dealers and Salespersons

--Salesperson License
49 Pa. Code
Chapter 19
(16A-609)

Summer 2008, 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).

Pamela Marsden
(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)

Summer 2008, as proposed.

Summer 2008, as proposed.

Spring 2008, as final.

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.

Michelle Roberts
(717) 783-7134

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
*REVENUE*
Construction Contractors 61 Pa. Code §§ 31.11--31.16 and 46.11--46.17	July, 2008 as proposed.	The regulation will provide an update to the rules regarding contracts with exempt and nonexempt entities following Act 45 of 1998. Department awaiting decision of the Pennsylvania Supreme Court.	Douglas Berguson (717) 346-4633
Realty Transfer Tax Amendments 61 Pa. Code Chapter 91	December, 2007, as final.	The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy.	Douglas Berguson (717) 346-4633
Support Offset and Other Personal Income Tax Provisions	May, 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	May, 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
Repeal of § 32.38 Sales and Use Tax Exclusion for Tangible Personal Property Used in Production of Commercial Motion Pictures	February, 2008, as final.	Act 55 of 2007 repealed the exclusion at 61 Pa. Code § 32.38, effective October 1, 2007. The Department is promulgating a final-omitted regulation to reflect this change in the statute and remove the obsolete regulation in a timely manner.	Douglas Berguson (717) 346-4633
Pennsylvania Subchapter S Corporations-- Election Language 61 Pa. Code Chapter 107a	June, 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	June, 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	May, 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
*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 § 184 (16--36) --Lobbying Disclosure 51 Pa. Code (16--40)	Summer 2008, as proposed. Spring 2008, as proposed.	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 proposed rulemaking is required to implement the Lobbying Disclosure Act, Act 134 of 2006, which requires the Lobbying Disclosure Committee to deliver proposed regulations implementing the provisions of Act 134 within 180 days. Statutory Authority: Section 1310-A of the Lobbying Disclosure Act, Act 134 of 2006.	L. Lawrence Boyle (717) 783-1657
Bureau of Professional and Occupational Affairs-- Schedule of Civil Penalties (Nurses) 49 Pa. Code § 43b.18 (16--38) --Recording Devices 49 Pa. Code §§ 43b.101--43b.102 (number not yet assigned)	Spring 2008, as final. Summer 2008, as proposed.	The regulations would amend the civil penalty schedule for the State Board of Nursing by adding civil penalties for violation of the continuing education regulations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). 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.	Cynthia K. Montgomery (717) 783-7200 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)	Summer 2008, as proposed. Spring 2008, 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)	Spring 2008, as final.	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).	Penny Walker (717) 783-3397
State Athletic Commission --Communicable Disease Testing 58 Pa. Code § 21.8 (16-37)	Spring 2008, 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.	Greg Sirb (717) 787-5720
State Board of Barber Examiners --Student Records and Curriculum 49 Pa. Code Chapter 3 (16A-427)	Winter 2007-2008, 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) --Volunteer license 49 Pa. Code § 5.20 (number not yet assigned)	Spring 2008, as proposed. Summer 2008, as final. Summer 2008, as final. Spring 2008, as proposed. Spring 2008, as proposed. Spring 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 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)	Summer 2008, 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)	Spring 2008, as final.	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).	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) --Volunteer license 49 Pa. Code § 33.110 (number not yet assigned)	Spring 2008, as proposed. Spring 2008, as proposed. Spring 2008, as final. Spring 2008, as final (Proposed- omitted).	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 and will establish the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist. 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 is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. 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)	Summer 2008, 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 --Forms Review 49 Pa. Code §§ 13.204 and 13.244 (16A-4813) --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 2008, as final. Summer 2008, as final. Summer 2008, as final. Summer 2008, as final.	This regulation would clarify the criteria by which the Board will review form statements of funeral goods and services and preneed contracts and add grounds for the Board to disapprove forms. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). 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). The 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 --Qualifications of Expert Witnesses 49 Pa. Code § 16.52 (16A-4923) --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)	Summer 2008, as final. Spring 2008, as proposed. Spring 2008, as proposed. Summer 2008, as final. Spring 2008, as proposed. Spring 2008, as final (Proposed- omitted).	This regulation will adopt the criteria for qualification as an expert established by section 512 of the Mcare Act for all proceedings before the Board. Statutory Authority: Sections 8 and 9 of the Medical Practice Act of 1985, 63 P. S. §§ 422.8 and 422.9. 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
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) --Fees for CRNP Continuing Education Course Approval 49 Pa. Code Chapter 21 (16A-5128) --Approval of Nursing Education Programs 49 Pa. Code Chapter 21 (16A-5129) --Continuing Education for RNs 49 Pa. Code Chapter 21 (16A-5130)	Spring 2008, as proposed. Winter 2007-2008, as proposed. Winter 2007-2008, as proposed. Spring 2008, as final. Spring 2008, as proposed. Spring 2008, as final.	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. This regulation would establish a fee for the approval of CRNP continuing education courses. Statutory Authority: Sections 8.1(c) and 11.2(a) and (d) of the Professional Nursing Law, 63 P. S. §§ 218.1(c), 221.2(a) and (d). This regulation updates the Board's regulations relating to nursing education programs as part of a systematic review of the professional nursing regulations undertaken by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). The proposed regulation is required to implement the continuing education requirements mandated by Act 58 of 2006. Statutory authority: Section 12 of the Professional Nursing Law, 63 P. S. § 222.	Ann Steffanic (717) 783-7142
State Board of Nursing (cont'd) --Schedule of Civil Penalties--Nurses 49 Pa. Code § 43b.18 (16-38) --Faculty Requirements for Nursing Education Programs 49 Pa. Code §§ 21.71 and 21.72 (16A-5131) --Administration of Conscious Sedation Medications 49 Pa. Code Chapter 21 (16A-5132) --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)	Spring 2008, as final. Spring 2008, as final. Fall 2008, as proposed. Winter 2007-2008, as proposed. Spring 2008, as final (Proposed- omitted).	This regulation would amend the civil penalty schedule for the State Board of Nursing by adding civil penalties for violation of the continuing education regulations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). This rulemaking would amend the Board's regulations relating to faculty requirements in order to expand the pool of qualified faculty, faculty assistants and allied faculty for nursing education programs. Statutory authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1, provides the Board the authority to establish standards for the operation and approval of nursing education programs. The proposed regulation would provide standards for registered nurses in the administration of conscious sedation medications. Statutory authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). 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 Administrator-In- Training 49 Pa. Code Chapter 39 (16A-627) --Sexual Misconduct 49 Pa. Code §§ 39.1 and 39.9 (16A-629) --Continuing Education 49 Pa. Code § 39.61 (16A-6212)	Spring 2008, as final. Summer 2008, as proposed. Spring 2008, as proposed.	This regulation would create an alternative method for obtaining experience and training prior to admission to the licensing examination. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c). 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 49(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).	Chris Stuckey (717) 783-7155
State Board of Occupational Therapy Education and Licensure --Continuing Competency 49 Pa. Code §§ 42.50--42.58 (16A-677)	Spring 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)	Spring 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) --Volunteer License- 49 Pa. Code Chapter 25, Subchapter L, §§ 25.601--25.607. (number not yet assigned)	Spring 2008, as final. Spring 2008, as final (Proposed- omitted).	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 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 --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 479 Pa. Code Chapter 27 (16A-5419) .	Spring 2008, as final. Spring 2008, as final. Summer 2008, as final. Spring 2008, as final. Summer 2008, as final.	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 thirty-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).	Melanie Zimmerman (717) 783-7156
State Board of Physical Therapy --Biennial Renewal Fees 49 Pa. Code § 40.5 (16A-6511) --Deletion of Athletic Trainer Regulations 49 Pa. Code Chapter 40, Subchapter B (16A-6512)	Spring 2008, as final. Spring 2008, as final (Proposed- omitted).	This regulation would increase the biennial renewal fees for physical therapists, physical therapy assistants and certificate holders. Statutory Authority: Section 8(b) of the Physical Therapy Practice Act, 63 P. S. § 1308(b). This regulation is required to delete the outdated/superseded athletic trainer regulations from Chapter 40. Statutory Authority: Acts 92 and 93 of 2001, which repealed sections 10.1 and 10.2 of the Physical Therapy Practice Act, formerly 63 P. S. §§ 1310.1 and 1310.2.	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 2008, as proposed. Spring 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)	Spring 2008, as proposed. Spring 2008, as proposed. Summer 2008, 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).	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) --Partial Fees 49 Pa. Code Chapter 35 (16A-5615)	Spring 2008, as proposed. Spring 2008, as proposed. Spring 2008, as final. Spring 2008, 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 proposed regulation would eliminate the partial fees charged to licensees who apply mid-biennium. Statutory authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.	Patricia Ridley (717) 783-3658
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors --Technical Amendments 49 Pa. Code §§ 47.1 and 47.1a. (16A-699) --Standards of Professional Conduct 49 Pa. Code Chapters 47, 48 and 49 (16A-6911) --Biennial Renewal Fees 49 Pa. Code § 47.4 (16A-6915)	Winter 2007-2008, as final. Spring 2008, as proposed. Spring 2008, as final.	This regulation clarifies the definition of ''accredited school,'' amends the name of the examination, and provides that students who graduate from social work programs that are in candidacy for accreditation at the time of their graduation may apply for licensure once the program obtains accreditation. Statutory Authority: Section 6 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906. 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).	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)	Summer 2008, 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).	Sandra Matter (717) 783-1389
State Board of Vehicle Manufacturers, Dealers and Salespersons --Salesperson License 49 Pa. Code Chapter 19 (16A-609)	Summer 2008, 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).	Pamela Marsden (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)	Summer 2008, as proposed. Summer 2008, as proposed. Spring 2008, as final.	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.	Michelle Roberts (717) 783-7134

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