Pennsylvania Bulletin

PA Bulletin, Doc. No. 09-1172b

[39 Pa.B. 3247]
[Saturday, June 27, 2009]

[Continued from previous Web Page]

State Board of Chiropractic

--Chiropractic specialties--
49 Pa. Code
Chapter 5
(16A-4312)

Review of Chiropractic Treatment--
49 Pa. Code
Chapter 5
(16A-4315)

--Assistance of Unlicensed Supportive Personnel--
49 Pa. Code
Chapter 5
(16A-4316)

Fall 2009, as Proposed.

Fall 2009, as Proposed.

Fall 2009, as Proposed.

The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. This 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).

This proposed rulemaking would establish standards for chiropractors that engage 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.

Deborah Smith
(717) 783-7155

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

State Board of Chiropractic (cont'd)

--Needle Acupuncture--
49 Pa. Code § 5.81
(16A-4317)

--Continuing Education Violations--
49 Pa. Code § 5.77
(16A-4318)

--Schedule of Civil Penalties--
Chiropractors
49 Pa. Code
Chapter 43b
(16-44)

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

Fall 2009, as Final.

Fall 2009, as Proposed.

Fall 2009, as Proposed.

Spring 2010, as Final (Proposed-
omitted).

This rulemaking would permit chiropractors who are registered acupuncturists or practitioners of oriental medicine to practice or advertise needle acupuncture. Statutory Authority: Sections 302(3), 506(a)(4) and 506(a)(11) of the Chiropractic Practice Act.

This regulation would adopt a requirement that continuing education deficiencies be made up within 6 months and provides for disciplinary action under the Act 48 citation process. Statutory Authority: Sections 302(3), 506(a)(9) and 507(a) of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3), 625.506(a)(9) and 625.507(a).

This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties with the approval of the Board.

This regulation would conform the volunteer license regulations to the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302.

Deborah Smith
(717) 783-7155

Corporation Bureau

--UCC Revised Article 9--
(16-35)

Spring 2010, 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

--Sanitation--
49 Pa. Code
Chapter 7
(16A-4515)

--Schedule of Civil Penalties--
49 Pa. Code
Chapter 43b, § 43b.5
(number not yet assigned)

Fall 2009, as Proposed.

Fall 2009, as Proposed.

This regulation would update the Board's regulations on sanitation to conform to modern standards within the profession. Statutory Authority: Sections 11 and 14 of the Act of May 3, 1933 (P. L. 242, No. 86), commonly referred to as the Beauty Culture Law, 63 P. S. §§ 517 and 520.

This regulation would amend the schedule of civil penalties for the State Board of Cosmetology to implement Act 48 civil penalties for failure of a school to submit quarterly reports. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

Hillarene Staller
(717) 783-7130

State Board of Crane Operators

--Implementation of the Crane Operator Licensure Act--
49 Pa. Code
Chapter 36
(number not yet assigned)

Spring 2010, as Proposed.

This proposed regulation would implement the Crane Operator Licensure Act, Act 100 of 2008. Statutory Authority: Section 2102 of the act of October 9, 2008, (P. L. 1363, No. 100), 63 P. S. § 2400.2102.

Penny Walker
(717) 783-3397

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)

--Licensure by examination--
49 Pa. Code § 33.103
(16A-4620)

--Volunteer License--
49 Pa. Code § 33.110
(Number not yet assigned)

Fall 2009, as Proposed.

Fall 2009, as Final.

Fall 2009, as Proposed.

Spring 2010, as Final (proposed- omitted).

This regulation would 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 updates and amends the scope of practice of dental hygienists to conform to modern dental practices; establishes the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist; and implements the provisions of Act 51 of 2007 relating to public health dental hygiene practitioners. Statutory Authority: Section 3(d) of the Dental Law, 63 P. S. § 122(d).

This regulation would expand the range of regional clinical examinations that may be accepted by the Board for the purposes of licensure by examination and licensure by criteria approval. Statutory authority: Section 3(c), (d) and (o) of the Dental Law, 63 P. S. § 122(c), (d) and (o).

This regulation would amend the current volunteer license 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
(16A-479)

--Continuing Education--
49 Pa. Code
Chapter 37
(16A-4710)

--Schedule of Civil Penalties--
Engineers, Geologists and Land Surveyors
49 Pa. Code
Chapter 43b
(16-43)

Fall 2009, as Proposed.

Spring 2010, as Final.

Spring 2010, as Final.

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.

The proposed rulemaking would set forth continuing education requirements for professional engineers, geologists and land surveyors. Statutory Authority: Sections 4(1) and 4.5(a) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. §§ 151.4(1) and 151.4.5(a).

This proposed regulation would adopt a schedule of civil penalties for violations of the continuing education regulations being promulgated by the State Board of Engineers, Land Surveyors and Geologists (16A-4710). Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.

Terrie Kocher
(717) 783-7049

State Board of Funeral Directors

--Preneed Funeral Arrangements--
49 Pa. Code
Chapter 13
(16A-4815)

--Preneed Activities of Unlicensed Employee--
49 Pa. Code
Chapter 13
(16A-4816)

--Continuing education enforcement--
49 Pa. Code
Chapter 13, §§ 13.231 and 13.401
(16A-4818)

--Schedule of Civil Penalties--
continuing education violations--
49 Pa. Code
Chapter 43, § 43b.6
(16-47)

Fall 2009, as Final.

Fall 2009, as Final.

Spring 2010, as Final.

Spring 2010, as Final.

This regulation would clarify and add additional requirements for funeral directors who enter into preneed funeral arrangement agreements. Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a).

The regulation would clarify what conduct by an unlicensed individual is permitted, as strongly urged by the court in Walker v. Flitton, 364 F.Supp.2d 503 (U.S.D.C. M.D. Pa. 2005). Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a).

This proposed rulemaking would provide for the enforcement of continuing education violations through the Act 48 citation process. Statutory authority: Sections 10(b) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.10(b) and 479.16(a).

This proposed rulemaking would establish the civil penalty schedule for violations of the Funeral Board's continuing education violations. Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a); and sections 11(a)(6) and 17(b) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(6) and 479.17(b).

Heidy Weirich
(717) 783-3397

State Board of Landscape Architects

--Biennial Renewal Fees--
49 Pa. Code § 15.12
(number not yet assigned)

--Schedule of Civil Penalties--
Landscape Architects
49 Pa. Code
Chapter 43b
(number not yet assigned)

Fall 2009, as Proposed.

Spring 2010, as Proposed.

This proposed regulation would increase the biennial registration fee for landscape architects from $125 to $194. Statutory Authority: Section 5 of the Landscape Architects' Registration Law, 63 P. S. § 905.

This proposed regulation would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.

Terrie Kocher
(717) 783-7049

State Board of Massage Therapy

--Implementation of the Massage Therapy Law--
49 Pa. Code
Chapter 20
(number not yet assigned)

Spring 2009, as Proposed.10

This regulation is required to implement the Massage Therapy Law, act of October 9, 2008 (P.L 1438, No.118). Statutory Authority: Section 50 of the Massage Therapy Law, 63 P. S. § 627.50, requires the Board to promulgate regulations within 18 months.

Teresa Lazo
(717) 783-7200

State Board of Medicine

--Acupuncture--
49 Pa. Code § 18.15
(16A-4924)

--General Revisions--
49 Pa. Code
Chapters 16, 17 and 18
(16A-4925)

--Nurse Midwife Prescriptive Authority--
49 Pa. Code
Chapter 18
(16A-4926)

--Clarification of Medicine and Surgery--
49 Pa. Code
Chapters 16 and 17
(16A-4927)

Fall 2009, as Final.

Spring 2010, as Proposed.

Spring 2009, as Final.

Spring 2010, as Proposed.

This proposed rulemaking would amend the Board's existing acupuncture regulations so they comport with Act 186 of 2006, which amended 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 would implement Acts 29, 46 and 48 of 2007, and would 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 implements 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.

Tammy Radel
(717) 783-1400

State Board of Medicine (cont'd)

--Perfusionists--
49 Pa. Code
Chapter 18,
Subchapter J.
(number not yet assigned)

--Licensure of Respiratory Therapists and Physician Assistants--
49 Pa. Code
Chapter 18
(number not yet assigned)

--Licensure or Certification of Behavior Specialists--
49 Pa. Code
Chapter 18
(number not yet assigned)

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

--Schedule of Civil Penalties--
49 Pa. Code
Chapter 43b, § 43b.20.
(number not yet assigned)

Fall 2009, as Proposed.

Fall 2009, as Proposed

Fall 2009, as Proposed.

Spring 2010, as Final (Proposed- omitted).

Fall 2009, as Proposed.

The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. 154 No. 19) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008.

The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. 580, No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 580, No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments within 18 months.

The proposed rulemaking implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. ______, No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. ______, No. 62) requires the Board, in consultation with the Department of Public Welfare, to promulgate regulations providing for the licensure or certification of behavior specialists.

This regulation would amend the current volunteer license regulations 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.

This regulation would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

Tammy Radel
(717) 783-1400

State Board of Nursing

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

--CRNP General Revisions--
49 Pa. Code
Chapter 21,
Subchapter C
(16A-5124)

--Clinical Nurse Specialists--
49 Pa. Code,
Subchapter H,
§§ 21.801--21.831
(16A-5133)

--LPN Application for Examination--
49 Pa. Code § 21.151
(16A-5134)

Fall 2009, as Proposed.

Fall 2009, as Final.

Fall 2009, as Final.

Fall 2009, as Proposed.

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

This regulation implements 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 proposed regulation would 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.

The proposed rulemaking would provide for admission to the practical nurse exam for applicants who have graduated from a foreign practical nursing program that is equivalent to an LPN education program of study required in this Commonwealth at the time the program was completed as determined by the Commission on Graduate of Foreign Nursing Schools (CGFNS). Statutory Authority: Sections 5 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 655 and 667.6.

Ann Steffanic
(717) 783-7142

State Board of Nursing (cont'd)

--Reactivation/Re- licensure after Lapse--
49 Pa. Code
Chapter 21
(16A-5135)

--Biennial Renewal Fees--
49 Pa. Code
Chapter 21
(16A-5136)

--Out of State Nursing Education Programs using Pennsylvania Clinical Sites--
49 Pa. Code
Chapter 21
(16A-5137)

--Fees for Nursing Education Programs--
49 Pa. Code
Chapter 21
(number not yet assigned

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

Spring 2010, as Proposed.

Fall 2009, as Proposed.

Spring 2010, as Proposed.

Spring 2010, as Proposed.

Spring 2010, as Final (Proposed- omitted).

This regulation would set standards for the reactivation/re-licensure of nurses whose licenses have lapsed for a significant period of time. Statutory Authority: Sections 2.1 and 11 of the Professional Nursing Law, 63 P. S. §§ 212.1 and 221; and sections 13.1 and 17.6 of the Practical Nursing Law, 63 P. S. §§ 663.1 and 667.6, authorize the Board to regulate the renewal of expired or inactive licenses and to promulgate regulations generally.

This regulation is needed to increase the biennial renewal fees for nurses. Statutory authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to set fees by regulation.

This regulation will require out of state educational programs that intend to place nursing students in Pennsylvania facilities for clinical education with a Pennsylvania licensed nurse preceptor to apply to the Board for permission to utilize the clinical site. This same requirement is placed on Pennsylvania nursing education programs. Statutory Authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1 and Section 9 of the Practical Nurse Law, 63 P. S. § 659.

This regulation is necessary to set fees for the approval of nursing education programs. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to the setting of fees by regulation. Section 6.2 of the Professional Nursing Law, 63 P. S. § 216.2, provides the Board's authority to approve nursing education programs. Sections 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) and 17.6 of the Practical Nursing Law, 63 P. S. § 667.6, provide the general rulemaking authority of the Board.

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

Ann Steffanic
(717) 783-7142

State Board of Examiners of Nursing Home Administrators

--Temporary Permits--
49 Pa. Code § 39.1, 39.4 and 39.17
(16A-629)

--Sexual Misconduct--
49 Pa. Code §§ 39.1 and 39.9
(16A-6211)

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

--Continued Competence--
49 Pa. Code
Chapter 39
(16A-6213)

Schedule of Civil Penalties--
49 Pa. Code
Chapter 43b, § 43b.17
(number not yet assigned)

Fall 2009, as Final.

Spring 2010, as Proposed.

Spring 2010, as Final.

Fall 2009, as Proposed.

Spring 2010, as Proposed.

The proposed rulemaking would clarify, update and expand on the temporary permit requirements under section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114. Statutory Authority: Section 4(c) and 14 of the Nursing Home Administrators License Act, 63 P. S. §§ 1104 (c) and 1114.

This regulation would add sexual abuse, sexual misconduct and sexual harassment as offenses for which a nursing home administrator's license may be disciplined. Statutory Authority: Sections 4(c) and 6(g) of the Nursing Home Administrators Licensure Act, 63 P. S. §§ 1104(c) and 1106(g).

This rulemaking would amend the Board's existing regulations relating to continuing education clock hours. Statutory Authority: Section 9(b) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1109(b).

This regulation would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1104(a)(4),(9) and (c).

This regulation would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

Chris Stuckey
(717) 783-7155

State Board of Occupational Therapy Education and Licensure

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

Fall 2009, 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

--Continuing Education--
49 Pa. Code §§ 23.81 and 23.82
(16A-5212)

Schedule of Civil Penalties--
Optometrists
49 Pa. Code
Chapter 43b
(number not yet assigned)

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

Fall 2009, as Final (Proposed- omitted).

Spring 2010, as Proposed.

Spring 2010, as Final (Proposed- omitted).

This regulation would amend the continuing education requirements to clarify the need for a licensee to complete the licensee's continuing education as a prerequisite to renew a lapsed or inactive license within the two years immediately preceding renewal or reactivation. Statutory Authority: Sections 3(b)(14) and 5 of the Optometric Practice and Licensure Act (63 P. S. §§ 244.3(b)(14) and 244.5).

This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.

This regulation would amend the Board's volunteer license 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

--Miscellaneous Provisions--
49 Pa. Code
Chapter 25
(16A-5319)

--Perfusionists--
49 Pa. Code
Chapter 25
(number not yet assigned)

--Licensure of Respiratory Therapists and Physician Assistants--
49 Pa. Code
Chapter 25
(number not yet assigned)

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

--Schedule of Civil Penalties--
49 Pa. Code
Chapter 43b
(number not yet assigned)

Fall 2009, as Proposed.

Fall 2009, as Proposed.

Fall 2009, as Proposed.

Spring 2010, as Final (Proposed- omitted).

Fall 2009, as Proposed.

This regulation would implement Acts 29 and 46 of 2007 pertaining to supervision of physician assistants and continuing medical education for volunteer license holders. Statutory Authority: Section 10(h) of the Osteopathic Medical Practice Act (Act), 63 P. S. § 271.10(h), authorizes the Board to establish rules and regulations relating to physician assistants; and section 16 of the Act, 63 P. S. § 271.16, authorizes the Board to adopt regulations as are reasonably necessary to carry out the purposes of the Act.

The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P.L 161, No. 20) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008.

The proposed rulemaking implements the amendments made to the Osteopathic Medical Practice Act by the Act of July 4, 2008 (P. L.589, No. 46) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 589, No. 46) requires the Board and the State Board of Medicine to jointly promulgate regulations to implement the amendments within 18 months.

This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16.

This regulation would establish a schedule of civil penalties for the State Board of Osteopathic Medicine to implement Act 48 civil penalties for failure to report complaints filed against an osteopathic physician in a medical professional liability action. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).

Gina Bittner
(717) 783-4858

State Board of Pharmacy

--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)

--Compounding Practices--
49 Pa. Code
Chapter 27
(16A-5419)

--Pharmacist Breaks--
49 Pa. Code
Chapter 27
(16A-5420)

--Fees--
49 Pa. Code § 27.91
(16A-5422)

--Cancer Drug Repository Program--
49 Pa. Code
Chapter 27
(number not yet assigned

Fall 2009, as Final.

Fall 2009, as Final.

Fall 2009, as Final.

Spring 2010, as Proposed.

Fall 2009, as Final.

Fall 2009, as Final.

Fall 2009, as Proposed.

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 rulemaking would establish standards for the compounding of drugs by pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9) grants the authority to promulgate rules and regulations to effectuate the purposes of the act. Section 2 of the Pharmacy Act, 63 P. S. § 390-2(11) defines the practice of pharmacy to include the compounding of drugs.

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).

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).

The proposed rulemaking would establish the eligibility criteria, standards and procedures for the administration of a cancer drug repository program. Statutory authority: Section 7 of the Act of May 13, 2008 (P. L. 139, No. 14), known as the Cancer Drug Repository Program Act, requires the Board to promulgate regulations to carry out the purposes of the act within 90 days of the effective date. The effective date was July 12, 2008.

Melanie Zimmerman
(717) 783-7156

State Board of Pharmacy (con't)

--Pharmacy Internship--
49 Pa. Code
Chapter 27
(number not yet assigned)

--Schedule of Civil Penalties--
49 Pa. Code
Chapter 43b, § 43b.7
(number not yet assigned)

Spring 2010, as Proposed.

Spring 2010, as Proposed.

This rulemaking would update the Board's regulations relating to the pharmacy internship required under section 3 of the Pharmacy Act. Statutory Authority: Section 3 of the Pharmacy Act, 63 P. S. § 390-3(c) requires the Board to establish by regulation the internship requirements which must be satisfactorily completed prior to issuance of a pharmacist license.

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

--Act 38 Revisions--
49 Pa. Code
Chapter 40
(number not yet assigned)

--Continuing Education Providers--
49 Pa. Code § 40.63
(16A-6513)

--Schedule of Civil Penalties--
49 Pa. Code
Chapter 43b
(number not yet assigned)

Fall 2009, as Proposed.

Fall 2009, as Proposed.

Spring 2010, as Proposed.

The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. 293, No. 38). Statutory authority: Section 16 of the Act of July 4, 2008 (P. L. 293, No. 38) requires the Board to promulgate regulations to implement the amendments and additions of that act within 18 months of the effective date. The act is effective on October 2, 2008.

This proposed rulemaking would clarify and update the continuing education requirements relating to approved providers of continuing education. Statutory authority: Sections 3(a) and 9(c)(2) of the Physical Therapy Practice Act, 63 P. S. §§ 1303(a) and 1303(c)(2).

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)

--Continuing Education--
49 Pa. Code §§ 29.61 and 29.63
(16A-4410)

--Schedule of Civil Penalties--
Podiatrists
49 Pa. Code
Chapter 43b
(Number not yet assigned)

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

Spring 2010, as Proposed.

Fall 2009, as Proposed.

Spring 2010, as Proposed.

Spring 2010, as Final (Proposed- omitted).

This regulation would 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 would increase the biennial continuing education requirement from 30 hours to 50 hours and expand the categories of approved continuing education providers. Statutory Authority: Section 9.1 of the Podiatry Practice Act, 63 P. S. 42.9a.

This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.

This regulation would amend the Board's volunteer license 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

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State Board of Chiropractic --Chiropractic specialties-- 49 Pa. Code Chapter 5 (16A-4312) Review of Chiropractic Treatment-- 49 Pa. Code Chapter 5 (16A-4315) --Assistance of Unlicensed Supportive Personnel-- 49 Pa. Code Chapter 5 (16A-4316)	Fall 2009, as Proposed. Fall 2009, as Proposed. Fall 2009, as Proposed.	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. This 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). This proposed rulemaking would establish standards for chiropractors that engage 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.	Deborah Smith (717) 783-7155
Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Chiropractic (cont'd) --Needle Acupuncture-- 49 Pa. Code § 5.81 (16A-4317) --Continuing Education Violations-- 49 Pa. Code § 5.77 (16A-4318) --Schedule of Civil Penalties-- Chiropractors 49 Pa. Code Chapter 43b (16-44) --Volunteer license-- 49 Pa. Code § 5.20 (number not yet assigned)	Fall 2009, as Final. Fall 2009, as Proposed. Fall 2009, as Proposed. Spring 2010, as Final (Proposed- omitted).	This rulemaking would permit chiropractors who are registered acupuncturists or practitioners of oriental medicine to practice or advertise needle acupuncture. Statutory Authority: Sections 302(3), 506(a)(4) and 506(a)(11) of the Chiropractic Practice Act. This regulation would adopt a requirement that continuing education deficiencies be made up within 6 months and provides for disciplinary action under the Act 48 citation process. Statutory Authority: Sections 302(3), 506(a)(9) and 507(a) of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3), 625.506(a)(9) and 625.507(a). This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties with the approval of the Board. This regulation would conform the volunteer license regulations to the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302.	Deborah Smith (717) 783-7155
Corporation Bureau --UCC Revised Article 9-- (16-35)	Spring 2010, 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 --Sanitation-- 49 Pa. Code Chapter 7 (16A-4515) --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.5 (number not yet assigned)	Fall 2009, as Proposed. Fall 2009, as Proposed.	This regulation would update the Board's regulations on sanitation to conform to modern standards within the profession. Statutory Authority: Sections 11 and 14 of the Act of May 3, 1933 (P. L. 242, No. 86), commonly referred to as the Beauty Culture Law, 63 P. S. §§ 517 and 520. This regulation would amend the schedule of civil penalties for the State Board of Cosmetology to implement Act 48 civil penalties for failure of a school to submit quarterly reports. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Hillarene Staller (717) 783-7130
State Board of Crane Operators --Implementation of the Crane Operator Licensure Act-- 49 Pa. Code Chapter 36 (number not yet assigned)	Spring 2010, as Proposed.	This proposed regulation would implement the Crane Operator Licensure Act, Act 100 of 2008. Statutory Authority: Section 2102 of the act of October 9, 2008, (P. L. 1363, No. 100), 63 P. S. § 2400.2102.	Penny Walker (717) 783-3397
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) --Licensure by examination-- 49 Pa. Code § 33.103 (16A-4620) --Volunteer License-- 49 Pa. Code § 33.110 (Number not yet assigned)	Fall 2009, as Proposed. Fall 2009, as Final. Fall 2009, as Proposed. Spring 2010, as Final (proposed- omitted).	This regulation would 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 updates and amends the scope of practice of dental hygienists to conform to modern dental practices; establishes the requirements under which a dental hygienist may be permitted to administer local anesthesia under the direct supervision of a dentist; and implements the provisions of Act 51 of 2007 relating to public health dental hygiene practitioners. Statutory Authority: Section 3(d) of the Dental Law, 63 P. S. § 122(d). This regulation would expand the range of regional clinical examinations that may be accepted by the Board for the purposes of licensure by examination and licensure by criteria approval. Statutory authority: Section 3(c), (d) and (o) of the Dental Law, 63 P. S. § 122(c), (d) and (o). This regulation would amend the current volunteer license 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 (16A-479) --Continuing Education-- 49 Pa. Code Chapter 37 (16A-4710) --Schedule of Civil Penalties-- Engineers, Geologists and Land Surveyors 49 Pa. Code Chapter 43b (16-43)	Fall 2009, as Proposed. Spring 2010, as Final. Spring 2010, as Final.	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. The proposed rulemaking would set forth continuing education requirements for professional engineers, geologists and land surveyors. Statutory Authority: Sections 4(1) and 4.5(a) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. §§ 151.4(1) and 151.4.5(a). This proposed regulation would adopt a schedule of civil penalties for violations of the continuing education regulations being promulgated by the State Board of Engineers, Land Surveyors and Geologists (16A-4710). Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Terrie Kocher (717) 783-7049
State Board of Funeral Directors --Preneed Funeral Arrangements-- 49 Pa. Code Chapter 13 (16A-4815) --Preneed Activities of Unlicensed Employee-- 49 Pa. Code Chapter 13 (16A-4816) --Continuing education enforcement-- 49 Pa. Code Chapter 13, §§ 13.231 and 13.401 (16A-4818) --Schedule of Civil Penalties-- continuing education violations-- 49 Pa. Code Chapter 43, § 43b.6 (16-47)	Fall 2009, as Final. Fall 2009, as Final. Spring 2010, as Final. Spring 2010, as Final.	This regulation would clarify and add additional requirements for funeral directors who enter into preneed funeral arrangement agreements. Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a). The regulation would clarify what conduct by an unlicensed individual is permitted, as strongly urged by the court in Walker v. Flitton, 364 F.Supp.2d 503 (U.S.D.C. M.D. Pa. 2005). Statutory Authority: Sections 13(c) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.13(c) and 479.16(a). This proposed rulemaking would provide for the enforcement of continuing education violations through the Act 48 citation process. Statutory authority: Sections 10(b) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.10(b) and 479.16(a). This proposed rulemaking would establish the civil penalty schedule for violations of the Funeral Board's continuing education violations. Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a); and sections 11(a)(6) and 17(b) of the Funeral Director Law, 63 P. S. §§ 479.11(a)(6) and 479.17(b).	Heidy Weirich (717) 783-3397
State Board of Landscape Architects --Biennial Renewal Fees-- 49 Pa. Code § 15.12 (number not yet assigned) --Schedule of Civil Penalties-- Landscape Architects 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2009, as Proposed. Spring 2010, as Proposed.	This proposed regulation would increase the biennial registration fee for landscape architects from $125 to $194. Statutory Authority: Section 5 of the Landscape Architects' Registration Law, 63 P. S. § 905. This proposed regulation would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Terrie Kocher (717) 783-7049
State Board of Massage Therapy --Implementation of the Massage Therapy Law-- 49 Pa. Code Chapter 20 (number not yet assigned)	Spring 2009, as Proposed.10	This regulation is required to implement the Massage Therapy Law, act of October 9, 2008 (P.L 1438, No.118). Statutory Authority: Section 50 of the Massage Therapy Law, 63 P. S. § 627.50, requires the Board to promulgate regulations within 18 months.	Teresa Lazo (717) 783-7200
State Board of Medicine --Acupuncture-- 49 Pa. Code § 18.15 (16A-4924) --General Revisions-- 49 Pa. Code Chapters 16, 17 and 18 (16A-4925) --Nurse Midwife Prescriptive Authority-- 49 Pa. Code Chapter 18 (16A-4926) --Clarification of Medicine and Surgery-- 49 Pa. Code Chapters 16 and 17 (16A-4927)	Fall 2009, as Final. Spring 2010, as Proposed. Spring 2009, as Final. Spring 2010, as Proposed.	This proposed rulemaking would amend the Board's existing acupuncture regulations so they comport with Act 186 of 2006, which amended 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 would implement Acts 29, 46 and 48 of 2007, and would 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 implements 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.	Tammy Radel (717) 783-1400
State Board of Medicine (cont'd) --Perfusionists-- 49 Pa. Code Chapter 18, Subchapter J. (number not yet assigned) --Licensure of Respiratory Therapists and Physician Assistants-- 49 Pa. Code Chapter 18 (number not yet assigned) --Licensure or Certification of Behavior Specialists-- 49 Pa. Code Chapter 18 (number not yet assigned) --Volunteer License-- 49 Pa. Code § 16.18 (number not yet assigned) --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.20. (number not yet assigned)	Fall 2009, as Proposed. Fall 2009, as Proposed Fall 2009, as Proposed. Spring 2010, as Final (Proposed- omitted). Fall 2009, as Proposed.	The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. 154 No. 19) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008. The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. 580, No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 580, No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments within 18 months. The proposed rulemaking implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. ______, No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. ______, No. 62) requires the Board, in consultation with the Department of Public Welfare, to promulgate regulations providing for the licensure or certification of behavior specialists. This regulation would amend the current volunteer license regulations 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. This regulation would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Tammy Radel (717) 783-1400
State Board of Nursing --LPN/IV Therapy-- 49 Pa. Code § 21.145 (16A-5122) --CRNP General Revisions-- 49 Pa. Code Chapter 21, Subchapter C (16A-5124) --Clinical Nurse Specialists-- 49 Pa. Code, Subchapter H, §§ 21.801--21.831 (16A-5133) --LPN Application for Examination-- 49 Pa. Code § 21.151 (16A-5134)	Fall 2009, as Proposed. Fall 2009, as Final. Fall 2009, as Final. Fall 2009, as Proposed.	This regulation addresses the LPN's role in working with peripherally inserted central catheters (PICC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6. This regulation implements 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 proposed regulation would 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. The proposed rulemaking would provide for admission to the practical nurse exam for applicants who have graduated from a foreign practical nursing program that is equivalent to an LPN education program of study required in this Commonwealth at the time the program was completed as determined by the Commission on Graduate of Foreign Nursing Schools (CGFNS). Statutory Authority: Sections 5 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 655 and 667.6.	Ann Steffanic (717) 783-7142
State Board of Nursing (cont'd) --Reactivation/Re- licensure after Lapse-- 49 Pa. Code Chapter 21 (16A-5135) --Biennial Renewal Fees-- 49 Pa. Code Chapter 21 (16A-5136) --Out of State Nursing Education Programs using Pennsylvania Clinical Sites-- 49 Pa. Code Chapter 21 (16A-5137) --Fees for Nursing Education Programs-- 49 Pa. Code Chapter 21 (number not yet assigned --Volunteer License-- 49 Pa. Code Chapter 21, Subchapter F, §§ 21.601--21.607. (number not yet assigned)	Spring 2010, as Proposed. Fall 2009, as Proposed. Spring 2010, as Proposed. Spring 2010, as Proposed. Spring 2010, as Final (Proposed- omitted).	This regulation would set standards for the reactivation/re-licensure of nurses whose licenses have lapsed for a significant period of time. Statutory Authority: Sections 2.1 and 11 of the Professional Nursing Law, 63 P. S. §§ 212.1 and 221; and sections 13.1 and 17.6 of the Practical Nursing Law, 63 P. S. §§ 663.1 and 667.6, authorize the Board to regulate the renewal of expired or inactive licenses and to promulgate regulations generally. This regulation is needed to increase the biennial renewal fees for nurses. Statutory authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to set fees by regulation. This regulation will require out of state educational programs that intend to place nursing students in Pennsylvania facilities for clinical education with a Pennsylvania licensed nurse preceptor to apply to the Board for permission to utilize the clinical site. This same requirement is placed on Pennsylvania nursing education programs. Statutory Authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1 and Section 9 of the Practical Nurse Law, 63 P. S. § 659. This regulation is necessary to set fees for the approval of nursing education programs. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to the setting of fees by regulation. Section 6.2 of the Professional Nursing Law, 63 P. S. § 216.2, provides the Board's authority to approve nursing education programs. Sections 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) and 17.6 of the Practical Nursing Law, 63 P. S. § 667.6, provide the general rulemaking authority of the Board. This regulation would amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).	Ann Steffanic (717) 783-7142
State Board of Examiners of Nursing Home Administrators --Temporary Permits-- 49 Pa. Code § 39.1, 39.4 and 39.17 (16A-629) --Sexual Misconduct-- 49 Pa. Code §§ 39.1 and 39.9 (16A-6211) --Continuing Education-- 49 Pa. Code § 39.61 (16A-6212) --Continued Competence-- 49 Pa. Code Chapter 39 (16A-6213) Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.17 (number not yet assigned)	Fall 2009, as Final. Spring 2010, as Proposed. Spring 2010, as Final. Fall 2009, as Proposed. Spring 2010, as Proposed.	The proposed rulemaking would clarify, update and expand on the temporary permit requirements under section 14 of the Nursing Home Administrators License Act, 63 P. S. § 1114. Statutory Authority: Section 4(c) and 14 of the Nursing Home Administrators License Act, 63 P. S. §§ 1104 (c) and 1114. This regulation would add sexual abuse, sexual misconduct and sexual harassment as offenses for which a nursing home administrator's license may be disciplined. Statutory Authority: Sections 4(c) and 6(g) of the Nursing Home Administrators Licensure Act, 63 P. S. §§ 1104(c) and 1106(g). This rulemaking would amend the Board's existing regulations relating to continuing education clock hours. Statutory Authority: Section 9(b) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1109(b). This regulation would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1104(a)(4),(9) and (c). This regulation would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Chris Stuckey (717) 783-7155
State Board of Occupational Therapy Education and Licensure --Continued Competency-- 49 Pa. Code §§ 42.50--42.58 (16A-677)	Fall 2009, 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 --Continuing Education-- 49 Pa. Code §§ 23.81 and 23.82 (16A-5212) Schedule of Civil Penalties-- Optometrists 49 Pa. Code Chapter 43b (number not yet assigned) --Volunteer License-- 49 Pa. Code § 23.26 (number not yet assigned)	Fall 2009, as Final (Proposed- omitted). Spring 2010, as Proposed. Spring 2010, as Final (Proposed- omitted).	This regulation would amend the continuing education requirements to clarify the need for a licensee to complete the licensee's continuing education as a prerequisite to renew a lapsed or inactive license within the two years immediately preceding renewal or reactivation. Statutory Authority: Sections 3(b)(14) and 5 of the Optometric Practice and Licensure Act (63 P. S. §§ 244.3(b)(14) and 244.5). This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. This regulation would amend the Board's volunteer license 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 --Miscellaneous Provisions-- 49 Pa. Code Chapter 25 (16A-5319) --Perfusionists-- 49 Pa. Code Chapter 25 (number not yet assigned) --Licensure of Respiratory Therapists and Physician Assistants-- 49 Pa. Code Chapter 25 (number not yet assigned) --Volunteer License-- 49 Pa. Code Chapter 25, Subchapter L, §§ 25.601--25.607. (number not yet assigned) --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2009, as Proposed. Fall 2009, as Proposed. Fall 2009, as Proposed. Spring 2010, as Final (Proposed- omitted). Fall 2009, as Proposed.	This regulation would implement Acts 29 and 46 of 2007 pertaining to supervision of physician assistants and continuing medical education for volunteer license holders. Statutory Authority: Section 10(h) of the Osteopathic Medical Practice Act (Act), 63 P. S. § 271.10(h), authorizes the Board to establish rules and regulations relating to physician assistants; and section 16 of the Act, 63 P. S. § 271.16, authorizes the Board to adopt regulations as are reasonably necessary to carry out the purposes of the Act. The proposed rulemaking would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P.L 161, No. 20) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008. The proposed rulemaking implements the amendments made to the Osteopathic Medical Practice Act by the Act of July 4, 2008 (P. L.589, No. 46) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 589, No. 46) requires the Board and the State Board of Medicine to jointly promulgate regulations to implement the amendments within 18 months. This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16. This regulation would establish a schedule of civil penalties for the State Board of Osteopathic Medicine to implement Act 48 civil penalties for failure to report complaints filed against an osteopathic physician in a medical professional liability action. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Gina Bittner (717) 783-4858
State Board of Pharmacy --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) --Compounding Practices-- 49 Pa. Code Chapter 27 (16A-5419) --Pharmacist Breaks-- 49 Pa. Code Chapter 27 (16A-5420) --Fees-- 49 Pa. Code § 27.91 (16A-5422) --Cancer Drug Repository Program-- 49 Pa. Code Chapter 27 (number not yet assigned	Fall 2009, as Final. Fall 2009, as Final. Fall 2009, as Final. Spring 2010, as Proposed. Fall 2009, as Final. Fall 2009, as Final. Fall 2009, as Proposed.	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 rulemaking would establish standards for the compounding of drugs by pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9) grants the authority to promulgate rules and regulations to effectuate the purposes of the act. Section 2 of the Pharmacy Act, 63 P. S. § 390-2(11) defines the practice of pharmacy to include the compounding of drugs. 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). 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). The proposed rulemaking would establish the eligibility criteria, standards and procedures for the administration of a cancer drug repository program. Statutory authority: Section 7 of the Act of May 13, 2008 (P. L. 139, No. 14), known as the Cancer Drug Repository Program Act, requires the Board to promulgate regulations to carry out the purposes of the act within 90 days of the effective date. The effective date was July 12, 2008.	Melanie Zimmerman (717) 783-7156
State Board of Pharmacy (con't) --Pharmacy Internship-- 49 Pa. Code Chapter 27 (number not yet assigned) --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.7 (number not yet assigned)	Spring 2010, as Proposed. Spring 2010, as Proposed.	This rulemaking would update the Board's regulations relating to the pharmacy internship required under section 3 of the Pharmacy Act. Statutory Authority: Section 3 of the Pharmacy Act, 63 P. S. § 390-3(c) requires the Board to establish by regulation the internship requirements which must be satisfactorily completed prior to issuance of a pharmacist license. 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 --Act 38 Revisions-- 49 Pa. Code Chapter 40 (number not yet assigned) --Continuing Education Providers-- 49 Pa. Code § 40.63 (16A-6513) --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2009, as Proposed. Fall 2009, as Proposed. Spring 2010, as Proposed.	The proposed rulemaking would implement the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. 293, No. 38). Statutory authority: Section 16 of the Act of July 4, 2008 (P. L. 293, No. 38) requires the Board to promulgate regulations to implement the amendments and additions of that act within 18 months of the effective date. The act is effective on October 2, 2008. This proposed rulemaking would clarify and update the continuing education requirements relating to approved providers of continuing education. Statutory authority: Sections 3(a) and 9(c)(2) of the Physical Therapy Practice Act, 63 P. S. §§ 1303(a) and 1303(c)(2). 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) --Continuing Education-- 49 Pa. Code §§ 29.61 and 29.63 (16A-4410) --Schedule of Civil Penalties-- Podiatrists 49 Pa. Code Chapter 43b (Number not yet assigned) --Volunteer License-- 49 Pa. Code § 29.55 (number not yet assigned)	Spring 2010, as Proposed. Fall 2009, as Proposed. Spring 2010, as Proposed. Spring 2010, as Final (Proposed- omitted).	This regulation would 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 would increase the biennial continuing education requirement from 30 hours to 50 hours and expand the categories of approved continuing education providers. Statutory Authority: Section 9.1 of the Podiatry Practice Act, 63 P. S. 42.9a. This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. This regulation would amend the Board's volunteer license 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

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[39 Pa.B. 3247]
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