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

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
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)           --Graduate training in Psychology-- 49 Pa. Code, §§ 41.1 and 41.58 (16A-6319)     --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2010, as Final.           Fall 2009, as Proposed.         Fall 2009, as Proposed.             Fall 2009, as Final (Proposed- omitted).         Spring 2010, as Proposed.	This regulation would amend education, experience and examination requirements as well as creates new and amends existing supervisor requirements. Statutory Authority: Sections 3.2(1) and (2) of the Professional Psychologists Practice Act, 63 P. S. §§ 1203.2(1) and (2).   This regulation would amend the Board's continuing education requirements regarding home study, instruction and carry over. Statutory Authority: Section 15 of the Professional Psychologists Practice Act, 63 P. S. § 1215.   This regulation would update the Board's Code of Conduct so that it would be in line with changes to the American Psychological Association and the Association of State and Provincial Psychology Boards. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).   This regulation would reinsert three educational subcategories still needed in the definition of ''degree in psychology'' which were inadvertently deleted by a prior rulemaking. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).   This regulation would establish a schedule of civil penalties for the State Board of Psychology to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Chris Stuckey (717) 783-7155
State Board of Certified Real Estate Appraisers   Certification of Appraisers and Licensure of Appraiser Trainees-- 49 Pa. Code Chapter 36 (16A-7015)         Schedule of Civil Penalties--Real Estate Appraisers-- 49 Pa. Code § 43b.15a (16-49)	Fall 2009, as Proposed                   Fall 2009, as Proposed.	The proposed rulemaking would implement the amendments to the Real Estate Appraisers Certification Act made by the Act of July 8, 2008 (P. L. 833, No. 59), and makes other amendments required to comply with a recent audit of the Appraisal Subcommittee, which identified areas of the Board's regulations that did not conform with AQB criteria. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).   The proposed rulemaking will codify and amend the Board's current schedule of civil penalties statement of policy. 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, with the approval of the Board.	Heidy Weirich (717) 783-3397
State Real Estate Commission   --Education-- 49 Pa. Code § 35.384, 35.385. (16A-5613)       --Fees-- 49 Pa. Code § 35.203 (16A-5615)               --Seller's Property Disclosure Statement-- 49 Pa. Code § 33.335a (16A-5618)   --Property Management-- 49 Pa. Code Chapter 35 (16A-5619)   --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b, § 43b.8 (number not yet assigned)	Fall 2009, as Proposed.           Spring 2010, as Proposed.                 Fall 2009, as Proposed.           Fall 2009, as Proposed.         Spring 2010, as Proposed.	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.   The proposed regulation would amend current fees by consolidating the initial licensure fee charged to new applicants from a two-tiered structure to a single fee in order to allow the Commission to establish an online application in that the current system cannot accommodate a two-tiered fee structure. Statutory Authority: Sections 404 and 407 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.407.   This regulation would adopt 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).     The proposed regulation would establish standards for licensees who engage in property management. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.     This regulation would amend the schedule of civil penalties for the State Real Estate Commission to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Patricia Ridley (717) 783-3658
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors   --Standards of Professional Conduct-- 49 Pa. Code Chapters 47, 48 and 49 (16A-6911)   --Implementation of Act 68 of 2008; Hours of Supervised Clinical Experience and Licensure by Endorsement-- 49 Pa. Code Chapters 47, 48 and 19 (16A-6916)   --Schedule of CivilPenalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Spring 2010, as Final.             Fall 2009, as Proposed.                   Spring 2010, as Proposed.	The regulation would establish a code of ethics and standards of professional conduct for social workers, clinical social workers, marriage and family therapists, and professional counselors licensed by the board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).   This final-omitted rulemaking would implement the reduction in the number of required hours of supervised clinical experience from 3,600 to 3,000 and provide for licensure by endorsement as required by the Act of July 9, 2008 (P. L. 929, No. 68). Statutory Authority: Section 4 of the Act of July 9, 2008 (P. L. 929, No. 68) provides that the Board shall promulgate regulations to implement the amendments within three years of the effective date of the act. Act 68 is effective on September 7, 2008   This regulation would establish a schedule of civil penalties for the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors to implement Act 48 civil penalties for practicing without a license or practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Sandra Matter (717) 783-1389
State Board of Examiners in Speech-Language and Hearing   --General Revisions-- 49 Pa. Code Chapter 45 (number not yet assigned)   --Schedule of Civil Penalties-- 49 Pa. Code Chapter 43b (number not yet assigned)	Fall 2009, as Proposed.           Spring 2010, as Proposed.	This regulation would update of the regulations of the Board to delete or amend outdated regulations. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2).     This regulation would amend the schedule of civil penalties for the State Board of Speech-Language and Hearing to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Sandra Matter (717) 783-1389
State Board of Vehicle Manufacturers, Dealers and Salespersons   --Salesperson License-- 49 Pa. Code Chapter 19 (16A-609)   --Fee for Out-of-state RV Dealer Participating in a Show-- 49 Pa. Code § 19.4 (number not yet assigned)	Fall 2009, as Proposed.         Fall 2009, as Proposed.	This regulation would clarify and update the requirements for salespersons in order to permit salespersons to sell at other locations of the same dealer. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).   This regulation would establish a fee for processing applications under section 32.1(c) of the act, 63 P. S. § 818.32a(c), for out-of-state RV dealers to register with the Board in order to participate in an RV show in this Commonwealth. Statutory Authority: Sections 4(9) and 32.1(c) of the Board of Vehicles Act, 63 P. S. §§ 818.4(9) and 818.32.1(c).	Janice Cline (717) 783-1697
State Board of Veterinary Medicine   --Veterinary Dentistry-- 49 Pa. Code Chapter 31 (16A-5718)   --Facilities-- 49 Pa. Code Chapter 31 (16A-5720)     --Responsibility to Clients and Patients-- 49 Pa. Code § 31.21 (16A-5722)     --Biennial Renewal Fees-- 49 Pa. Code § 31.41 (16A-5723)     --Schedule of Civil Penalties-- Veterinarians and Veterinary Technicians-- 49 Pa. Code § 43b.21a (number not yet assigned)	Spring 2010, as Proposed.         Spring 2010, as Proposed.         Fall 2009, as Proposed.           Fall 2009, as Proposed.         Fall 2009, as Proposed	This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.     This regulation would establish standards for and require registration of veterinary facilities. Statutory Authority: Sections 5 and 27 of the Veterinary Medicine Practice Act, 63 P. S. §§ 485.5 and 485.27.   This regulation would amend, update and clarify Principle 7 of the Rules of Professional Conduct for Veterinarians relating to veterinarians' responsibilities to clients and patients. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.   This regulation would provide for graduated increases in the biennial renewal fees for veterinarians and veterinary technicians. Statutory Authority: Section 13 of the Veterinary Medicine Practice Act, 63 P. S. § 485.13.   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, with the approval of the Board.	Michelle Roberts (717) 783-7134
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 250.2. Time to appeal. (This proposed regulation will supercede that portion of 1 Pa. Code § 35.35 pertaining to the 10-day period of time to appeal from delegated actions of subordinate officers and substitute a 30-day period of time to file an appeal.)	SERS has been notified of the approval of a final-form rulemaking package by the Governor's Policy Office (GPO). The final rulemaking will proceed consistent with the Commonwealth Documents Law (CDL).	Current hearing regulations are inconsistent with operational practice supporting member-friendly service.	Paul Stahlnecker, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code §§ 250.1 and 250.15. Applicability of general rules. (These current regulations will be modified to permit the application of proposed 4 Pa. Code § 250.2.)	SERS has been notified of the approval of a final-form rulemaking package by the GPO. The final rulemaking will proceed consistent with the CDL.	Specific provisions in SERS' regulations should be exceptions to the general rules of administrative practice and procedure.	Paul Stahlnecker, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 247.11 Priority of taxation, attachments and assignments of funds. (This proposed regulation will clarify the priority of payments to be made from the members' accounts by SERS pursuant to 71 Pa.C.S. § 5953.)	SERS is reviewing the Independent Regulatory Review Commission (IRRC) staff comments and SERS has been notified of the approval of the proposed rulemaking package by the GPO.	The statute does not set priorities among conflicting demands on members' accounts. A recent court decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of priority issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 247.7(a). Priority of death benefit payment. (This proposed regulation will clarify the priority of death benefit payments to be made by SERS pursuant to the second sentence of 71 Pa.C.S. § 5905(g).)	SERS has been notified of the approval of a final-form rulemaking package by the GPO. The final rulemaking will proceed consistent with the CDL.	The statute does not set priorities among conflicting demands on members' death benefits. A regulation would enable consistent application of the statute and would reduce litigation of priority issues.	Salvatore Darigo, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	SERS has been notified of the approval of a proposed rulemaking package by the GPO.	The language is obsolete. No credit union currently meets the statutory requirements and it is unlikely that any new ones will. A corresponding statutory amendment is also being considered.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 247.6. (a) Termination of Annuities. (This proposed regulation would delete the 30-day requirement to elect multiple service.)	SERS has been notified of the approval of a final-form rulemaking package by the GPO. The final rulemaking will proceed consistent with the CDL.	The 30 day requirement in the regulation has been rendered obsolete by changes to SERS' enabling legislation.	Jill Vecchio, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 247.4. (c) Disability Annuities. (This proposed regulation will clarify: 1) the methodology used to determine the employer-funded offset credit; 2) the service-connected disability supplement and 3) the rights of terminated members to apply for a disability.)	2010	The statute does not expressly determine the methodology, the effects of these formulas and when terminated members can apply. Recent court and administrative decisions have offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of disability and supplement issues. This is also being considered as a statutory amendment.	M. Catherine Nolan, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 245.4. Member contributions for the purchase of credit for previous State service or to become a full coverage member. (The regulation would be amended to specify the effects of a service purchase or reinstatement.)	2010	This regulation would be amended to clarify the effects of the reinstatement or purchase of previous State service. A recent administrative decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of purchase of service issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code §§ 241.1 and; 247.7. Definitions. (The definition of ''Beneficiary'' would be amended to specify that the beneficiaries must be named rather than merely described.) Gender neutral terms would be substituted and an operational provision that is found elsewhere would be removed from this definitional section.	SERS has been notified of the approval of a final-form rulemaking package by the GPO. The final rulemaking will proceed consistent with the CDL.	The amendment would clarify and settle whether a proper name (''John Doe'') or a general description (''my children,'' ''my issue,'' ''per stirpes'') suffices. A lack of named beneficiaries can cause significant legal and administrative ambiguities that this amendment would avoid. This is also being considered as a statutory amendment.	Jill Vecchio, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 241.2. Electronic submission of member documents and electronic benefit transactions.	SERS has been notified of the approval of a proposed rulemaking package by the GPO and due to comments by IRRC staff the matter is pending further study.	This new regulation would provide for adoption of a policy by SERS to specify procedures for electronic member transactions consistent with Commonwealth practice and policy and include a hold harmless provision.	Jill Vecchio, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 243.8. Membership rules for educational employees.	2010	This new regulation would clarify the requirements for membership and final average salary calculations for educational employees.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
STATE POLICE
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	June 2010, as proposed.	Act 185 of 2004 repealed Chapter 47 of Title 42 of the Pennsylvania Consolidated Statutes and amended Title 44 to add Chapter 23, DNA Data and Testing. The act requires the State Police to promulgate rules and regulations to carry out its provisions.	Syndi L. Guido Policy Director (717) 772-0905
Administration of Megan's Law-- Neighbor Notification 37 Pa. Code Chapter 55	June 2010, as proposed.	Act 18 of 2000, known as Megan's Law, provides for the registration of sexual offenders and community notification for sexually violent predators. The act requires the Department to promulgate guidelines for the general administration of the act in consultation with the Department of Corrections, the Office of Attorney General, the Pennsylvania Board of Probation and Parole, and the chairmen and minority chairmen of the Senate and House Judiciary Committees. The act also requires the Department to write regulations regarding neighbor notification of sexually violent predators' residence, school, or employer. See 42 Pa. C.S. § 9799.1 Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them in light of subsequent and anticipated amendments Megan's Law.	Syndi L. Guido Policy Director (717) 772-0905
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
Chapter 175.96-- Vehicle Equipment and Inspection Regulations	July 2009	We are seeking approval to insert the language ''Laser guided systems for use during plowing operations are authorized'' into the Medium and Heavy Trucks and Buses section of Pub 45, Vehicle Equipment and Inspection Regulations, Chapter 175.96 (h) as it pertains to Department operations.	James Smith (717) 787-4299
Chapter 101-- Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic	July 2009	To be consistent with federal rule on worker visibility apparel.	Matt Briggs (717) 783-6268
Chapter 427-- Public Transportation (Act 44 of 2008)	July 2009	Act 44 of 2008, Chapter 15, Sustainable Mobility Options, authorizes almost all public transportation funding programs for the Commonwealth. The legislation requires the Department to develop regulations for several sections of the legislation. Act 44 offered the Department a two-year window to promulgate temporary regulations. The temporary regulations are being drafted by in May 2009 for promulgation in July 2009.	LaVerne Collins (717) 787-1214
471--Airport Rating & Licensing; 473--Aviation Development Grants; 477--Local Real Estate Tax Reimbursement Grants; 479--Obstructions to Aircraft   67 Pa. Code Chapters 471, 473, 477 and 479	September 2009	The various chapters of the regulation need to be updated as described below.   The purpose of the amendments to Chapter 471 is to provide clarification of requirements and provide greater flexibility in the licensing of various categories and types of landing facilities. The amendments provide the flexibility to accommodate various levels of airport operations and advances in technology that were not envisioned or available at the time the regulation was originally adopted.   The purpose of the amendments to Chapter 473 is to allow for increased flexibility for the Department in providing a higher state share for granted projects and allow for a more efficient use of the Aviation Development grant funds available.   The purpose of the amendments to Chapters 477 and 479 is to simplify and better organize these Chapters in relation to the Chapters 471 and 473. There were no substantive changes to these chapters.	Brian Gearhart (717) 705-1250
Chapter 233 Automated Red Light Enforcement	December 2009	Section 3116 of the Pennsylvania Vehicle Code provides the legal authority for the establishment of a pilot automated red light enforcement (ARLE) program within the City of Philadelphia. Section 3116(l)(2) says that the revenues remaining from ARLE fines, after deducting the system administrator's operation and maintenance costs, shall be deposited into the Motor License Fund and shall be used by the Department to develop, by regulation, a Transportation Enhancements Grant Program. Therefore, a completely new regulation is needed to establish the provisions of this new Transportation Enhancements Grant Program.	William Laubach (717) 787-9787
43--Temporary Registration Cards and Plates   67 Pa. Code Chapter 43	December 2009	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation, as these items are now addressed in the required contracts.	Andy Cleaver (717) 787-2171
175--Vehicle Equipment and Inspection   67 Pa. Code Chapter 175	December 2009	Many changes are needed to bring the regulations in line with changes in the Vehicle Code. Other such changes are being proposed to add convenience for customers, to update forms and processes and to implement an initiative to eliminate the issuance of refunds for unused inspection stickers, which would be a savings to the Commonwealth.	John Munafo (717) 787-2171
79--Restrictions on Driver's License   67 Pa. Code Chapter 79	July 2010	The regulations are being deleted because they are no longer applicable. Chapter 83 regulates individuals that have a loss or impairment of a limb and restriction requirements are determined through a driver's examination.	Scott Shenk (717) 783-5958
21--Odometer Read Disclosure Statements   67 Pa. Code Chapter 21	December 2009	Changes are needed to bring the regulation current with the Vehicle Code, to specify the age at which a vehicle becomes exempt from odometer disclosure.	Andy Cleaver (717) 787-2171
23--Delivery of Certificates of Title   67 Pa. Code Chapter 23	December 2009	The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S. § 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail.	Andy Cleaver (717) 787-2171
17--Authorization to Verify ID Numbers   67 Pa. Code Chapter 17	December 2009	Changes are needed to document the Vehicle Identification Number (VIN) verification process. The VIN verification process is not currently documented in either the Vehicle Code or in regulations.	Andy Cleaver (717) 787-2171
71--School Bus Drivers   67 Pa. Code Chapter 71	August 2009           July 2010       July 2010	The regulations will be updated and published for the second and final time, which will clarify the requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association.   The regulations are being updated to clarify the requirements for drivers that have cardiovascular conditions.   The purpose of these amendments is to update the medical standards for school bus drivers that have been diagnosed with a condition affecting cognition. The new language will ensure that only competent school bus drivers are licensed.	Scott Shenk (717) 783-5958
83--Physical & Mental Criteria-- Including Vision Standards Relating to the Licensing of Drivers     67 Pa. Code Chapter 83	August 2009               July 2010       July 2010	The regulation will be updated and published for the second and final time, which will clarify the requirements for diabetic drivers. This change will also incorporate the change required by HB1912, Act 756, passed July 15, 2004, that allows chiropractors to conduct exams for learner's permits.   The regulations are being updated to clarify the requirements for drivers that have cardiovascular conditions.   The purpose of these amendments is to update the medical standards for individuals that have a cognitive impairment to ensure that only drivers who do not have a moderately severe cognitive impairment are licensed to operate a motor vehicle.	Scott Shenk (717) 783-5958
84--Dual Control Learner's Permit   67 Pa. Code Chapter 84	July 2010	The regulation is being updated to clarify the requirements for issuing a dual control learner's permit	Scott Shenk (717) 783-5958
255--Messenger Services   67 Pa. Code Chapter 255	December 2009	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations, or fines will be removed from the regulation as these items are now addressed in the required contracts.	Andy Cleaver (717) 787-2171
171--School Buses and School Vehicles   67 Pa. Code Chapter 171	July 2010	Regulations are being updated to incorporate current technology. Regulations have been reviewed with industry and are ready to begin the promulgation process.	Scott Shenk (717) 783-5958

[Pa.B. Doc. No. 09-1172. Filed for public inspection June 26, 2009, 9:00 a.m.]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---