[42 Pa.B. 4262]
[Saturday, July 7, 2012]
[Continued from previous Web Page]
Regulation Being Considered Proposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact REVENUE Amendments to Estates and Trusts - Personal Income Tax Regulations 61 Pa. Code, Chapters 101, 103, 105, and 117 December 2012, as proposed The Department is promulgating this regulation to codify the Department's policy for the taxation of estates and trusts in the Commonwealth and to provide clear instructions for taxpayers regarding reporting requirements. Douglas Berguson
(717) 346-4633Amended Returns - Personal Income Tax Regulations 61 Pa. Code Chapters 117, 119, and 121 Proposed regulation published at 42 Pa.B. 2381 (May 5, 2012). March 2013, as final The Department is promulgating this regulation to clarify the Department's policy on Amended Returns for Pa. PIT and replace outdated language. In addition, the regulation will provide clear instructions for taxpayers regarding petitions for refunds. Douglas Berguson
(717) 346-4633Consolidation of Administrative Appeals under the Board of Appeals 61 Pa. Code Chapters 7 and 901 Proposed regulation published at 42 Pa.B. 1222 (March 10, 2012) December 2012, as final The Department is proposing regulations to consolidate the administrative appeals under the Board of Appeals and streamline the administrative appeals process. Douglas Berguson
(717) 346-4633Amendments to Realty Transfer Tax Regulations 61 Pa. Code Chapter 91 Proposed Regulation published at 41 Pa. B. 6220 (November 19, 2011) June 2013, as final Amendments to the Realty Transfer Tax regulations are being proposed to improve the clarity and effectiveness of the regulations. Douglas Berguson
(717) 346-4633Amendments to Local Option Small Games of Chance
61 Pa. Code Chapter 901Proposed regulation published at 41 Pa. B. 4638 (August 27, 2011) In light of Act 2 of 2012, the Department is discontinuing the promulgation of this rulemaking. See new SGOC proposed rulemaking for Chapter 901a. Douglas Berguson
(717) 346-4633Amendments to Local Option Small Games of Chance
61 Pa. Code Chapter 901aDecember 2012, as proposed The Department is proposing to replace Chapter 901 with a new Chapter 901a as a result of the amendments to the SGOC law enacted under Act 2 of 2012. The proposed rulemaking will reorganize and clarify the SGOC regulations as well as incorporate necessary changes to implement Act 2. Douglas Berguson
(717) 346-4633General Provisions Application of Payments
61 Pa. Code Chapter 5aOctober 2012, as proposed The Department is promulgating this regulation to clarify the provisions of the Taxpayers' Bill of Rights and provide a procedure for the application of a payment received from a taxpayer to tax liability owned the Department. Douglas Berguson
(717) 346-4633SECURITIES COMMISSION
No regulations being developed or considered at this time. STATE Bureau of Professional and Occupational Affairs
-Schedule of Civil Penalties for violations of the Clean Indoor Air Act- 49 Pa. Code, Chapter 43b.
(16-46)
-Telephonic Testimony -49 Pa. Code, Chapter 43b. (number not yet assigned)
Fall 2012, as Final.
Fall 2012, as Proposed.This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. 182, No. 27), known as the Clean Indoor Air Act. 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. Section 5(b)(1)(ii) of the Clean Indoor Air Act, 35 P. S. § 637.5(b)(1)(ii), authorizes the Bureau to enforce the act.
This proposed rulemaking would provide rules for the admission of testimony received by telephone at hearings conducted by boards/commissioners or hearing examiners. Statutory Authority: Section 3 of the Commissioner of Professional and Occupational to promulgate regulations setting forth the procedural rules to be followed in the conduct of hearings in disciplinary matters before a licensing board or commission, after consultation with the licensing boards and commissions.Cynthia K. Montgomery
(717) 783-7200-Recording Devices- 49 Pa. Code, §§ 43b.101 and 43b.102
(16A-45)Fall 2012, as Proposed. This proposed rulemaking 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. State Board of Accountancy
-Continuing Education-
49 Pa. Code §§ 11.61—11.69a
(16A-5511)
-General Revisions- 49 Pa. Code, Chapter 11 (number not yet assigned)
-Civil Penalty Schedule- Accountants -
49 Pa. Code § 43b.10a. (16-48)Summer 2012, as Final.
Fall 2012, as Proposed.
Summer 2012, as Final.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 implement the amendments to the CPA Law made by the Act of July 9, 2008 (P. L. 954, No. 73). Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.
This 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.Sara Fox
(717) 783-1404
State Architects Licensure Board
-Experienced Requirement
-49 Pa. Code §§ 9.41 and 9.46
(16A-4120)Fall 2012, as Proposed. This proposed rulemaking would clarify that the experience requirement must be completed as a condition of licensure rather than as a condition of admittance to the licensing examination and is sufficient that an examination candidate has begun acquiring qualifying experience. Statutory Authority: Section 6(a) and (d) of the Architects Licensure Law, 63 P. S. § 34.6(a) and (b). Penny Walker
(717) 783-3397State Athletic Commission
-Mixed martial arts update
-58 Pa. Code § 28.30
(16-53)Summer 2012, as proposed The proposed rulemaking would alter the Commission's current MMA regulations to permit amateur contestants to petition to strike at an opponent's head when on the ground and waive the shin/instep pad requirement after at least three amateur bouts. Statutory Authority: Sections 103(b) and 501 of the State Athletic Code, 5 Pa.C.S. §§ 103(b)(1), authorizes the Commission to promulgate regulations regarding professional and amateur boxing contests and exhibitions. Martha Brown
(717) 783-0736State Board of Auctioneer Examiners
-Schedule of Civil Penalties-
49 Pa. Code § 43b.12a
(16A-648)
-Biennial Renewal Fees-
49 Pa. Code § 1.41
(16A-649)Fall 2012, as proposed
Fall 2012, as proposedThe proposed rulemaking would make updates to the current schedule of civil penalties, as requested by 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.
The proposed rulemaking would increase biennial renewal fees to meet projected expenditures as required by law. Statutory Authority: Section 6(a) of the Auctioneer Licensing and Trading Assistant Registration Act, 63 P. S. § 734.6(a).Terri Kocher
(717) 783-3397State Board of Barber Examiners
-Fees-
49 Pa. Code § 3.103
(16A-428)
-General Revisions-
49 Pa. Code,
Chapter 3
(16A-429)Summer 2012, as Proposed.
Fall 2012, as proposedThe proposed rulemaking would increase biennial renewal fees and fees for other board services. Statutory Authority: Section 14 of the Barbers License Law, 63 P. S. § 564.
The proposed rulemaking would update the regulations for barber managers, temporary student licenses, barber shops and schools of barbering. Statutory Authority: Section 10 of the Barbers License Law, 63 P. S. § 560Kelly Diller
(717) 783-3402State Board of Chiropractic
-Chiropractic specialties-
49 Pa. Code Ch. 5
(16A-4312)
-Child Abuse Reporting Requirements-
49 Pa. Code §§ 5.91—5.96
(16A-4322)Fall 2012, as Proposed
Fall 2012, 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. This proposed rulemaking 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 regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL, 23 P. S. §§ 6301—6386). Statutory Authority: Section 6383(b)(2) of the CPSL, 23 P. S. § 6383(b)(2); and section 302(3) of the Chiropractic Practice Act, 63 P. S. § 62.302(3).Mary Sue Ferster
(717) 783-7155-Licensure by Reciprocity-
49 Pa. Code § 5.13
(16A-4320)
-Volunteer license-
49 Pa. Code § 5.20
(16A-4321)Summer 2012, as Final.
Fall 2012, as Final (proposed-omitted).This regulation would provide a revised method of licensing out-of-state chiropractors by reciprocity. Statutory Authority: Sections 302(3) and 504 of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3) and 625.504.
This regulation would amend the volunteer license regulations to the amendments to the Volunteer Health Services Act Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302; and section 5 of the Volunteer Health Services Act, 35 P. S. § 449.45.Mary Sue Ferster
(717) 783-7155Corporation Bureau
-UCC Revised Article 9- (16-35)Fall 2012, as Proposed. This proposed rulemaking 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) 787-6802State Board of Cosmetology
-Fees-
49 Pa. Code § 7.2
(16A-4515)Summer 2012, as Proposed. The proposed regulation would increase biennial renewal fees for all licensee classifications to meet projected expenditures as required by law and would increase certain application fees where the current fees have been determined to be inadequate. Statutory Authority: Section 16(d) of the Beauty Culture Law, 63 P. S. § 522(d), requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to match expenditures over a 2-year period. Kelly Diller
(717) 783-7130-Sanitation-
49 Pa. Code,
Chapter 7
(16A-4516)
-Sanitation-
49 Pa. Code
Chapter 7
(16A-4516)
-Schedule of Civil Penalties -
49 Pa. Code,
Chapter 43b, § 43b.5.
(number not yet assigned)Fall 2012, as Proposed.
Fall 2012, as proposed
Summer 2012, as Proposed.This proposed rulemaking 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 proposed rulemaking 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 proposed rulemaking 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).Kelly Diller
(717) 783-7130State Board of Dentistry
-Anesthesia Update-
49 Pa. Code, Subchapter E, §§ 33.331—33.342
(16A-4621)Summer 2012, as Proposed. This proposed rulemaking would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices. Statutory Authority: Sections 3(o) and 11.2 of the Dental Law, 63 P. S. §§ 122(o) and 130c. Lisa Burns
(717) 783-7162-EFDA Scope of Practice-
49 Pa. Code § 33.205a.
(16A-4624)Summer 2012, as Final. This regulation implements the act of April 29, 2010 (P. L. 176, No. 19), which amended the Dental Law to expand the scope of practice for expanded function dental assistants. Statutory Authority: The proposed rulemaking is authorized by section 4 of the act of April 29, 2010 (P. L. 176, No. 19), which requires the Board to promulgate regulations within 18 months of its effective date (June 28, 2010); and by section 3 (d.1) and (o) of the Dental Law (act), 63 P. S. § 122 (d.1) and (o). -Volunteer License-
49 Pa. Code § 33.110
(16A-4625)Fall 2012, as Final
(proposed-omitted)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). -Child Abuse Reporting Requirements-
49 Pa. Code § 33.250
(16A-4626)Fall 2012, as final (proposed-omitted). This regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL), 23 P. S. §§ 6301—6386. Statutory Authority: section 6383(b)(2) of the CPSL, 23 P. S. § 6383(b)(2); and section 3(o) of the Dental Law, 63 P. S. §§ 122(j) and 123(b). -Biennial Renewal Fees-
49 Pa. Code § 33.3
(16A-4627)Fall 2012, as proposed. This proposed rulemaking would increase biennial renewal fees to meet projected expenditures as required by law. Statutory Authority: Sections 3(j) and 4(b) of the Dental Law, 63 P. S. §§ 122(j) and 123(b). State Registration Board for Professional Engineers, Land Surveyors and Geologists
-General Revisions-
49 Pa. Code,
Chapter 37
(16A-479)Fall 2012, as Proposed. The proposed rulemaking 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. DeAndra Burger (717) 783-7049 -Qualifications for Licensure-
49 Pa. Code
Chapter 37
(16A-4711)Fall 2012, as Final. The regulation implements Act 25 of 2010, to provide for the certification of geologists-in-training, and to update the board's regulations concerning the licensure process for engineers and land surveyors. Statutory Authority: Section 4(l) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151(l). -Schedule of Civil Penalties - Engineers, Land Surveyors and Geologists-
49 Pa. Code
Chapter 43b.
(16A-54)Summer 2012, as Final. The regulation would make necessary corrections to schedule of civil penalties relating to unlicensed practice and practice on a lapsed licensed required by the Commonwealth Court's decision in Evans v. Land Surveyors and Geologists, 15 A.3d 99 (Pa. Cmwlth. 2011). Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a). State Board of Funeral Directors
General Revisions-
49 Pa. Code,
Chapter 13
(Number not yet assigned)Fall 2012, as Proposed The proposed rulemaking would update the Board's regulations related to advertising, application procedures, facility requirements, qualifications, and supervisor responsibilities. Statutory Authority: Section 16 (a) of the Funeral Director Law, 63 P. S. § 479.16(a). Heidy Weirich
(717) 783-3397Renewal; Continuing Education Enforcement -
49 Pa. Code
Chapter 13
(16A-4819)Fall 2012, as Proposed This proposed rulemaking would update and clarify the Board's regulations relating to renewal of licenses and enforcement of continuing education. Statutory Authority: Sections 10(b)(1) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.10(b)(1) and 479.16(a). Schedule of Civil Penalties - Funeral Directors
49 Pa. Code § 43b.6
(16A-4820)Fall 2012, as Proposed This proposed regulation would establish a schedule of civil penalties for continuing education enforcement. Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a). -Advertising
49 Pa. Code
Chapter 13
(16A-4821)Fall 2012, as proposed This proposed rulemaking would update the Board's existing regulations relating to advertising. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). -Child Abuse Reporting Requirements-
49 Pa. Code § 13.301—13.307
(16A-4822)Fall 2012, as final (proposed-
omitted)This regulation would update the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL), 23 P. S. §§ 6301—6386. Statutory Authority: section 6383(b)(2) of the CPSL, 23 P. S. § 6383(b)(2); and section 16(a) of the Funeral Director Law, 63 P.S § 479.16(a). -Fees-
49 Pa. Code § 13.12 (number not yet assigned)Fall 2012, as proposed This proposed rulemaking would increase biennial renewal fees to meet projected expenditures as required by law. Statutory Authority: Section 18.1 of the Funeral Director Law, 63 P. S. § 479.18.1. State Board of Landscape Architects
-Statutorily Mandated Amendments-
49 Pa. Code
Chapter 15
(16A-6110)Summer 2012, as Final (proposed omitted). This regulation would implement the act of July 17, 2009 (P. L. 94, No. 24). Statutory Authority: Section 4(9) of the Landscape Architects' Registration Law, 63 P. S. § 904(9). Terrie Kocher
(717) 772-8528-General Revisions-
49 Pa. Code,
Chapter 15
(16A-6111)Fall 2012, as Proposed This proposed rulemaking implements updates to current practices of the Board with respect to qualifications and experience, examinations and continuing education. Statutory Authority: Section 4 of the Landscape Architects' Registration Law, 63 P. S. § 904. -Schedule of Civil Penalties - Landscape Architects
49 Pa. Code,
Chapter 43b.
(16A-6120)Summer 2012, as Proposed. This proposed rulemaking 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. -Electronic Seals and Signing-
49 Pa. Code
Chapter 15
(16A-6121)Fall 2012, as proposed This proposed rulemaking will implement rules on electronic seals and signing from other design professional boards in Pennsylvania and other states. Statutory Authority: Sections 4 and 9 of the Landscape Architects' Registration Law, 63 P. S. §§ 904 and 909. State Board of Massage Therapy
-Child Abuse Reporting Requirements-
49 Pa. Code
Chapter 20
(16A-722)Fall 2012, as proposed This proposed rulemaking established mandatory reporting requirements relating to suspected child abuse under the Child Protective Services Law (CPSL), 23 P. S. 23 P. S. §§ 6301—6386. Statutory Authority: Section 6383(b)(2) of the CPSL, 23 P. S. § 6383(b)(2); and section 4(2) of the Massage Therapy Law, 63 P. S. § 627.4(2). Judy Harner
(717) 783-7155State Board of Medicine
-Mcare Update-
49 Pa. Code
Chapters 16 and 17
(16A-4925)Summer 2012, as Final (proposed-
omitted)The regulation deletes outdated references to the repealed Health Care Services Malpractice Act, 40 P. S. §§ 1301.101—1301.1006, and replaces it with references to the Medical Care Availability and Reduction of Error (Mcare) Act, 40 P. S. §§ 1303.101—1303.910. Statutory Authority: 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. Tammy Dougherty
(717) 783-1400-Use of Medical Lasers-
49 Pa. Code Chapter 18
(16A-4939)Fall 2012, as Proposed. The proposed rulemaking is intended to clarify the requirements of the use and delegation of the use of medical devices and medical lasers. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8 Tammy Dougherty
(717) 783-1400- Licensure of Respiratory Therapists and Physician Assistants - 49 Pa. Code,
Chapter 18
(16A-4930)Fall 2012, as final. 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. -Perfusionists-
49 Pa. Code,
Chapter 18, Subchapter J.
(16A-4935)Summer 2012, as Proposed. The proposed rulemaking sets 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. -Certified Midwives - 49 Pa. Code,
Chapter 18
(16A-4932)Fall 2012, as Proposed. The proposed rulemaking would provide for the licensure of ''certified'' midwives as suggested by the Commonwealth Court's decision in Goslin v. State Board of Medicine, 949 A.2d 372. Statutory Authority: Sections 1and 2 of the Midwife Registration Law of 1929, 63 P. S. §§ 171 and 172, and section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, make it unlawful to practice as a midwife without a certificate from the Medical Board and authorize the Board to issue rules and regulations as may be necessary for the examination, licensing, and proper conduct of the practice of midwifery by midwives. -Prescribing-
49 Pa. Code § 16.92 (16A-4933)Fall 2012, as Final The rulemaking would rewrite, simplify and update the Board's regulations relating to prescribing controlled substances and other drugs of abuse. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. -Genetic Counselors- 49 Pa. Code
Chapter 18
(16A-4937)Fall 2012, as Proposed This proposed rulemaking would implement the act of December 22, 2011 (P. L. 576, No. 125) relating to the licensure of genetic counselors. Statutory Authority: Section 3 of Act 125 of 2011 requires the Board to promulgate regulations within 12 months. Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, provides the general regulatory powers of the Board -Licensure of Athletic Trainers-
49 Pa. Code
Chapter 18, Subchapter H
(16A-4936)Summer 2012, as Final (proposed-omitted) This regulation is required to amend the Board's regulations regarding athletic trainers to refer to ''licensure'' rather than ''certification'' as amended by the act of December 22, 2011 (P. L.__ No. 124). Statutory Authority: Section 8 of the Medical Practice Act of 1985. 63 P. S. § 422.8. -Schedule of Civil Penalties-
49 Pa. Code,
Chapter 43b, § 43b.20.
(16A-4942)Fall 2012, as Proposed. This proposed rulemaking 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). -Volunteer Licenses-
49 Pa. Code
Chapter 16
(16A-4934)Fall 2012, as Final (proposed-omitted) This regulation will amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act (Acts 29 of 2007 and 58 of 2002). Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. -CRNP Revisions-
49 Pa. Code
Chapter 18,
Subchapter C
(16A-4938)Summer 2012, as Final (proposed omitted) This regulation is needed to delete outdated regulations relating to CRNP practice because the Board no longer jointly regulates CRNPs, which are now under the sole authority of the State Board of Nursing. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8 -Child Abuse Reporting Requirements-
49 Pa. Code §§ 16.101—16.107
(16A-4941)Fall 2012, as Final (proposed-omitted) This regulations updates the Board's existing regulation on mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL), 23 P. S. 23 P. S. §§ 6301—6386. Statutory Authority: Section 6383(b)(2) of the CPSL, 23 P. S. § 6383(b)(2); and section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8 Navigation Commission of the Delaware River and its Navigable Tributaries
-General Revisions-
4 Pa. Code §§ 405.7, 405.8, and 405.12
(16A-663)Summer 2012, as Proposed The proposed rulemaking would require all currently licensed pilots to hold and maintain an active Federal first class pilot's license and endorsement of the routes to be traversed. Statutory Authority: Section 4 of the Act of March 29, 1803 (P. L. 542), 55 P. S. § 31, and section 2504-B(4) of the Administrative Code of 1929, 71 P. S. § 670.2(4) Barbara Dupler
(717) 783-1618State Board of Nursing
-LPN/IV Therapy-
49 Pa. Code § 21.145
(16A-5122)Summer 2012, 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. Cindy Miller
(717) 783-7142-Application Procedures-
49 Pa. Code § 21.151
(16A-5134)Fall 2012, as Proposed 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. -Reactivation/ Re-licensure after Lapse-
49 Pa. Code
Chapter 21
(16A-5135)Fall 2012, as Proposed This proposed rulemaking 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 Nurse 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. -Out of State Nursing Education Programs using Pennsylvania Clinical Sites-
49 Pa. Code,
Chapter 21
(16A-5137)Fall 2012, as Proposed This proposed rulemaking would 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. -Fees for Nursing Education Programs- 49 Pa. Code,
Chapter 21
(number not yet assigned)Fall 2012, as Proposed. This proposed rulemaking 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. -Volunteer License-
49 Pa. Code,
Chapter 21, Subchapter F, §§ 21.601—21.607.
(16A-5139)Fall 2012, as Final (proposed-
omitted).This regulation would amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). -Child Abuse Reporting Requirements-
49 Pa. Code §§ 21.501—21.507
(16A-5140)Fall 2012, as Proposed This regulation updates the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL), 23 P. S. 23 P. S. §§ 6301—6386. Statutory Authority: Section 6383(b)(2) of the CPSL, 23 P. S. § 6383 (b)(2); 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 State Board of Examiners of Nursing Home Administrators
-Sexual Misconduct -
49 Pa. Code §§ 39.1 and 39.9
(16A-6211)Fall 2012, as Proposed. This proposed rulemaking would add sexual abuse and sexual misconduct 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). Chris Stuckey
(717) 783-7155-Continued Competence-
49 Pa. Code,
Chapter 39
(16A-6213)Fall 2012, as Proposed This proposed rulemaking 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). Schedule of Civil Penalties-
49 Pa. Code,
Chapter 43b, § 43b.17
(16A-6215)Summer 2012, as Proposed. This proposed rulemaking 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). -Continuing Education-
49 Pa. Code,
Chapter 39
(16A-6216)Fall 2012, as Proposed This proposed regulation updates the Board's existing regulations relating to continuing education requirements and reporting. Statutory Authority: Sections 4(c) and 9(b) of the Nursing Home Administrators Act, 63 P. S. §§ 1104(c) and 1109 (b). State Board of Occupational Therapy Education and Licensure
- Continued Competency -
49 Pa. Code §§ 42.50—42.58
(16A-677)Summer 2012, as Final. The proposed rulemaking would 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). Judy Harner
(717) 783-1389-Referrals by Certified Registered Nurses Practitioners and Physician Assistants -
49 Pa. Code
Chapter 42
(16A-678)Summer 2012, as Final (Proposed omitted) The regulation would conform the board's regulations with changes made by Act 48 of 2007 and Act 45 of 2008, which permit CRNPs and Physician Assistants to make referrals to Occupational Therapists. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b). -Child Abuse Reporting Requirements-
49 Pa. Code
Chapter 42
(16A-679)Fall 2012, as Final (proposed omitted) This regulation updates the Board's regulations on mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). 23 P. S. 6301—6386. Statutory Authority: Section 6383(b)(2) of the CPSL requires the Board to promulgate regulations consistent with the CPSL; Section (5)(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b) directs the Board to adopt regulations consistent with law. -Code of Ethics-
49 Pa. Code § 42.24
(16A-6710)Spring 2012, as Proposed This proposed rulemaking would update and amend the Board's existing code of ethics to adopt the AOTA ethics standards. Statutory Authority: Section (5)(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505 (b). State Board of Optometry
Schedule of Civil Penalties - Optometrists
49 Pa. Code,
Chapter 43b
(16A-5212)Summer 2012, as Proposed. This proposed rulemaking 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. Mary Sue Ferster
(717) 783-7155-Volunteer License-
49 Pa. Code § 23.26
(16A-5214)Fall 2012, as Final (Proposed-
omitted).This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14). -Child Abuse Reporting Requirements-
49 Pa. Code §§ 23.111—23.116
(16A-5215)Fall 2012, as Final (proposed-
omitted)This regulations updates the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL), 23 P. S. 23 P. S. §§ 6301—6386. Statutory Authority: Section 6383(b)(2); and section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14). State Board of Osteopathic Medicine
-Perfusionists -
49 Pa. Code,
Chapter 25
(16A-5324)Summer 2012, as Proposed This regulation 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 perfusionists. Tammy Dougherty
(717) 783-4858- Licensure of Respiratory Therapists and Physician Assistants - 49 Pa. Code,
Chapter 25
(16A-5321)Fall 2012, as Final The 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. -Volunteer License- 49 Pa. Code,
Chapter 25, Subchapter L, §§ 25.601—25.607.
(16A-5323)Fall 2012, as Final (proposed omitted) 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 and Act 29 of 2007. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16. -Genetic Counselors - 49 Pa. Code
Chapter 25
(16A-5328)Fall 2012, as Proposed This proposed rulemaking would implement the act of December 22, 2011 (P. L. __ , No. 126) relating to the licensure of genetic counselors. Statutory Authority: Section 3 of Act 126 of 2011 requires the Board to promulgate regulations within 12 months. Section 16 of the Osteopathic Medicine Practice Act, 63 P. S. § 271.16, provides the general regulatory authority of the Board. -Licensure of Athletic Trainers-
49 Pa. Code
Chapter 25, Subchapter M
(16A-5325)Summer 2012, as Final (proposed omitted) This regulation is required to amend the Board's regulations regarding athletic trainers to refer to ''licensure'' rather than ''certification'' as amended by the act of December 22, 2011 (P.L. 1109, No. 123). Statutory Authority: Section 16 of the Osteopathic Medicine Practice Act, 63 P. S. § 271.16. -Schedule of Civil Penalties-
49 Pa Code
Chapter 43b.
(16A-5327)Summer 2012, as Proposed This proposed rulemaking 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 the medical professional liability action. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). -Child Abuse Reporting Requirements-
49 Pa. Code §§ 25.401—25.416
(16A-5326)Fall2 012, as final (proposed-
omitted)This regulation updates the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL), 23 P. S. §§ 6301—6386. Statutory Authority: Section 6383 (b)(2) of the CPSL, 23 P. S. § 6383(b)(2); and section 16 of the Osteopathic Medicine Practice Act, 63 P. S. § 271.16. State Board of Pharmacy -Compounding Practices-
49 Pa. Code
Chapter 27
(16A-5419)Fall 2012, as Proposed This proposed 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. Melanie Zimmerman
(717) 783-7156-Cancer Drug Repository Program - 49 Pa. Code,
Chapter 27
(16A-5423)Fall 2012, as Final The regulation 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. - Pharmacy Internship-
49 Pa. Code,
Chapter 27
(16A-5424)Summer 2012, as Proposed. This proposed 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. -Collaborative Management of Drug Therapy-
49 Pa. Code
Chapter 27
(16A-5425)Summer 2012, as Proposed This proposed rulemaking would implement Act 29 of 2010, which provides for collaborative drug therapy management between a pharmacist and a licensed physician. Statutory Authority: Section 5 of the act of June 1, 2010 (P. L. 201, No. 29) requires the Board to promulgate regulations to implement Act 29 within 18 months of its effective date. -Emergency Preparedness-
49 Pa. Code,
Chapter 27 (16A-5426)Fall 2012, as Proposed The proposed rulemaking would establish procedures and standards for the operation of remote emergency pharmacies in the event of an emergency caused by a natural or manmade disaster or any other exceptional situation that causes an extraordinary demand for pharmacy services. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9). -General Revisions to Standards of Practice- 49 Pa. Code,
Chapter 27, § 27.18
(16A-5427)Fall 2012, as Proposed This proposed rulemaking would update the Board's regulations relating to standards of practice for pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9). -Correctional Facility Drug Redistribution - 49 Pa. Code,
Chapter 27
(number not yet assigned)Fall 2012, as Proposed. This proposed rulemaking is required to conform the Board's regulations to the act of July 9, 2010 (P. L. 457, No. 59), which permits a vendor pharmacy to redistribute drugs returned by a correctional facility to other correctional facilities. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9). -Electronic Prescribing of Controlled Substances-
49 Pa. Code,
Chapter 27,
(16A-5428)Summer 2012, as Final (proposed omitted) This regulation is intended to establish standards for pharmacies and pharmacists to receive dispense and archive electronic prescriptions for controlled substances to comport with recent regulations promulgated by the Federal Drug Enforcement Agency. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9). -Schedule of Civil Penalties -
49 Pa. Code,
Chapter 43b, § 43b.7
(number not yet assigned)Fall 2012, as Proposed. This proposed rulemaking 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). State Board of Physical Therapy
-Act 38 Revisions -
49 Pa. Code,
Chapter 40
(16A-6514)Summer 2012, as Final. The regulation implements 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. Michelle Roberts
(717) 783-7134-Schedule of Civil Penalties -
49 Pa. Code,
Chapter 43b.
(number not yet assigned)Fall 2012, as Proposed. This proposed rulemaking 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). -Child Abuse Reporting Requirements-
49 Pa. Code §§ 40.201—40.207
(16A-6515)Fall 2012, as final (proposed-
omitted)This regulation updates the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL), 23 P. S. §§ 6301—6386. Statutory Authority: Section 6383(b)(2) of the CPSL, 23 P. S. § 6383(b)(2); and section 3(a) of the Physical Therapy Practice Act, 63 P. S. § 1303(a). State Board of Podiatry - Certificate of Authority to Perform Acupuncture- 49 Pa. Code,
Chapter 29
(16A-449)Fall 2012, as Proposed. This proposed rulemaking 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. Tammy Dougherty
(717) 783-4858-Schedule of Civil Penalties - Podiatrists
49 Pa. Code, Chapter 43b (16A-4413)Fall 2012, as Proposed. 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. -Volunteer License-
49 Pa. Code § 29.55
(16A-4411)Fall 2012, as Final (proposed-
omitted).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. -Child Abuse Reporting Requirements-
49 Pa. Code §§ 29.91—29.97
(16A-4412)Fall 2012, as Final (proposed-
omitted)This regulation updates the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) 23 P. S. §§ 6301—6386. Statutory Authority: Section 6383(b)(2) of the CPSL, 23 P. S. § 6383 (b)(2); and section 15 of the Podiatry Practice Act, 63 P. S. § 42.15 -Therapeutic Drugs-
49 Pa. Code § 29.41
(16A-4414)Fall 2012, as Proposed This proposed rulemaking would amend the list of therapeutic drugs that podiatrists may prescribe. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15 State Board of Psychology
-Continuing Education-
49 Pa. Code § 41.59
(16A-6317)Fall 2012, as Proposed. This proposed rulemaking 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. Chris Stuckey
(717) 783-7155
-Code of Ethics -
49 Pa. Code § 41.61
(16A-6318)Summer 2012, as Proposed. This proposed rulemaking 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). -Education -
49 Pa. Code § 41.31
(16A-6320)Spring 2012, as Proposed. This proposed rulemaking would clarify the education and examination requirements. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2). -Part-time Experience-
49 Pa. Code § 41.31
(16A-6321)Spring 2012, as Proposed The proposed rulemaking would clarify the requirements for part-time experience. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2). -Child Abuse Reporting Requirements-
49 Pa. Code Chapter 41
(16A-6322)Fall 2012, as Final (proposed omitted) This regulation would amend the Board's regulations to conform to changes made to the Child Protective Services Act. Statutory Authority: Section 6383 (b)(2) of the Child Protective Services Law, 23 Pa.C.S. § 6383 (b)(2) and section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2). State Board of Certified Real Estate Appraisers
Continuing Education Enforcement -
49 Pa. Code §§ 36.41 and 36.241.
(16A-7016)Fall 2012, as Proposed. The proposed rulemaking establishes procedures for the enforcement of noncompliance with continuing education requirements. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2). Heidy Weirich
(717) 783-4866Schedule of Civil Penalties - Real Estate Appraisers -
49 Pa. Code § 43b.15a
(16A-49)Fall 2012, as Proposed. 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. Certified Pennsylvania Evaluators-
49 Pa. Code § 36.265
(16A-7018)Fall 2012, as Proposed This proposed rulemaking would revise requirements for the use of certificate number and title for Certified Pennsylvania Evaluators to make the regulation consistent with standards of USPAP, the International Association of Assessment Officers and existing practice in county assessment offices. Statutory Authority: Section 3 of the Assessors Certification Act, 63 P.S § 458.3. -Appraisal Management Companies - General Temporary Regulations -
49 Pa. Code,
Chapter 36, Subchapter D
(16A-7017)Fall 2012, as temporary regulations These temporary regulations will provide for the registration of appraisal management companies under the act of February 2, 2012 (P. L. 30, No. 4), known as the Appraisal Management Company Registration Act. Section 4(b) of the Appraisal Management Company Act, 63 P. S. § 457.24(b), authorizes the Board to promulgate temporary regulations. -Implementation of Application Deadline Extension-
49 Pa. Code §§ 36.11 and 36.12
(16A-7019)Summer 2012, as final (proposal-omitted) This regulation would extend the deadline to apply for certification as a general or residential real estate appraiser, having met the less stringent educational requirements by July 1, 2008, for an additional year until January 1, 2013. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.9. -Biennial Renewal Fees-
49 Pa. Code § 36.6
(number not yet assigned)Fall 2012, as Proposed. The proposed rulemaking would increase biennial renewal fees to meet projected expenditures as required by law. Statutory Authority: Section 9 of the Real Estate Appraiser Certification Act, 63 P. S. § 457.9. State Real Estate Commission
-Education -
49 Pa. Code §§ 35.384 and 35.385.
(16A-5613)Fall 2012, as Final. This 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. Patricia Ridley
(717) 783-3658-Advertising and Solicitation -
49 Pa. Code § 35.305
(16A-5620)Fall 2012, as Proposed. The proposed rulemaking would require licensees to advertise or otherwise hold themselves out to the public only under the name listed on their licenses. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404. -Escrow Requirements-
49 Pa. Code
Chapter 35
(16A-5622)Fall 2012, as Proposed This proposed rulemaking would establish additional escrow requirements consistent with the changes made by Act 14 of 2009. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404 - Schedule of Civil Penalties -
49 Pa. Code, Chapter 43b, § 43b.8
(16A-5623)Fall 2012, as Proposed. This proposed rulemaking 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). State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
-Schedule of Civil Penalties - 49 Pa. Code Chapter 43b.
(16A-6917)Fall 2012, as Proposed This proposed rulemaking 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 licenses 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-Continuing Education Audit and Enforcement-
49 Pa. Code Chapters 47—49
(16A-6918)Fall 2012, as Proposed This proposed rulemaking would establish provisions for the enforcement of the continuing education requirements for licenses social workers, licenses clinical social workers, licenses marriage and family therapists and licenses professional counselors. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2). -General Revisions-
49 Pa. Code, Chapters 47—49
(number not yet assigned)Fall 2012, as Proposed. This proposed rulemaking will eliminate outdated regulations, and update existing regulations to comport with current standards of the profession and current practices of the Board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2). -Child Abuse Report Requirements-
49 Pa. Code §§ 47.51—47.57
(16A-6919)Fall 2012, as final (proposed-omitted) This regulation would amend the board's regulations to conform to changes made to the Child Protective Services Act. Statutory Authority: Section 6383(b)(2) of the Child Protective Services Law, 23 Pa. C.S. § 6383(b)(2) and section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2), -Biennial Renewal Fees-
49 Pa. Code § 47.4
(16A-6920)Fall 2012, as Proposed The proposed rulemaking would increase biennial renewal fees to meet projected expenditures as required by law. Statutory Authority: Section 18(c) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1918(c). -Qualifications for License-
49 Pa. Code §§ 47.12c, 48.13 and 49.13
(number not yet assigned)Fall 2012, as final (proposed-omitted) This regulation would amend the Board's existing regulations to incorporate changes made by the act of March 14, 2012 (P. L. 191, No. 17) relating to the qualification for licensure of license clinical social workers, marriage and family therapists and professional counselors. Statutory Authority: Section 6(2) of the Social Workers, Marriage, and Family Therapists and Professional Counselors Act 63 P. S. § 1906(2). State Board of Examiners in Speech-Language and Hearing
-General Revisions-
49 Pa. Code,
Chapter 45.
(16A-6803)Fall 2012, as Proposed. This proposed rulemaking 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). Sandra Matter
(717) 783-1389-Continuing Education and Waivers-
49 Pa. Code Chapter 45
(Number not yet assigned)Fall 2012, as Proposed This proposed rulemaking is intended to clarify the continuing education regulations for licensees who hold more than one license issues by the Board. Statutory Authority: Section 5(2) of the Speech-
Language and Hearing Licensure Act, 63 P. S. § 1705(2).-Child Abuse Reporting Requirements-
49 Pa. Code §§ 45.501—45.407
(16A-6806)Fall 2012, as final (proposed-omitted) This regulation would amend the board's regulations to confirm to changes made to the Child Protective Services Act. Statutory Authority: Section 6383(b)(2) of the Child Protective Services Law, 23 Pa.C.S. § 6383 (b)(2) and section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2). -Termination of Grandfather Provisions-
49 Pa. Code § 45.21
(16A-6806)Summer 2012, as Proposed This proposed rulemaking is intended to terminate an outdated grandfathering provision. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2). State Board of Vehicle Manufacturers, Dealers and Salespersons
-Salesperson License-
49 Pa. Code,
Chapter 19
(16A-609)Fall 2012, as proposed. This proposed rulemaking 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). Janice Cline
(717) 783-1697-Fee for Out-of-state RV Dealer Participating in a Show-
49 Pa. Code § 19.4
(16A-6011)Fall 2012, as proposed. This proposed rulemaking would establish a fee for processing applications under section 32.1(c) for 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). State Board of Veterinary Medicine
-Dental Procedures-
49 Pa. Code,
Chapter 31
(16A-5718)Summer 2012, 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. Michelle Roberts
(717) 783-7134-Facilities -
49 Pa. Code,
Chapter 31
(16A-5720)Fall 2012, as Proposed. This proposed rulemaking 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. -Professional Conduct; Notice of Animal Supervision -
49 Pa. Code § 31.21
(16A-5725)Fall 2012, as Final. The regulation would amend the Rules of Professional Conduct for veterinarians to require notice regarding the hours and level of supervision whenever an animal is under the care and custody of the veterinarian's facility. Statutory Authority: Section 5(1) and (2) of the Veterinary Medicine Practice Act (Act) (63 P. S. § 485.5(1) and (2)) STATE EMPLOYEES' RETIREMENT SYSTEM 4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This would delete State Employees' Credit Union payment language.) While this has been proceeding consistent with the CDL and requirements of 4 Pa. Code § 247.11, further action is deferred pending deletion of the corresponding statutory section. This 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) 783-7210STATE POLICE Title 37 Pa. Code § 41.5 Designation of Emergency Vehicles June 2014 Title 75 Pa.C.S. § 6106 allows PSP to designate emergency vehicles upon certain findings. This regulation would add Philadelphia Prison System vehicles used to escort ambulances transporting sick or injured inmates to the class of vehicles eligible for designation. Major Marshall A. Martin
(717) 783-5566STATE SYSTEM OF HIGHER EDUCATION No regulations being developed or considered at this date. TRANSPORTATION
43 - Temporary Registration Cards and Plates
67 Pa. Code,
Chapter 43Estimated promulgation, January 2013 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) 787-2171175 - Vehicle Equipment and Inspection
67 PA Code,
Chapter 175Estimated promulgation, May 2013 Many changes are needed to bring the regulations in line with changes in the Vehicle Code. Other changes include an initiative to update recertification requirements for safety inspectors and accommodate electronic recordkeeping of vehicle safety inspection findings. The changes will also allow for the utilization of laser guided system to improve quality, efficiency and safety associated with snow plow and line painting operations. Kristen Singer
(717) 787-2171
James Smith
(717) 787-429923 - Delivery of Certificates of Title
67 Pa. Code,
Chapter 23Estimated promulgation, November 2012 The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S. Section 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail. Andy Cleaver
(717) 787-217117 - Authorization to Verify ID Numbers 67 Pa. Code, Chapter 17 Estimated promulgation, January 2013 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) 787-217171 - School Bus Drivers
67 Pa. Code,
Chapter 71Estimated promulgation, January 2013 The regulations will be updated to help ensure that school bus drivers diagnosed with various cardiovascular diseases are in stable condition. The regulation will also update the medical standards for school bus drivers that have brain disease, cognitive impairment or a mental/emotional disorder. Rich Kirkpatrick
(717) 783-595883 - Physical and Mental Criteria - Including Vision Standards Relating to the Licensing of Drivers
67 Pa. Code,
Chapter 83Estimated promulgation, September 2013 The regulations will be undated to help ensure that license holders diagnosed with various cardiovascular diseases are in stable condition. The regulations will also update the medical standards for license holders that have brain disease, cognitive impairment or a mental/emotional disorder. Rich Kirkpatrick
(717) 783-598384 - Dual Control Learner's Permit
67 Pa. Code,
Chapter 84Estimated promulgation, December 2012 The regulation is being updated to clarify the requirements for issuing a dual control learner's permit. Rich Kirkpatrick
(717) 783-5958105 - Mechanical Electrical and Electronic Speed Timing Devices
67 Pa. Code,
Chapter 105On hold, pending analysis The regulations are being updated to reflect changes in equipment technology relating to calibration and maintenance of speed timing devices used for enforcement purposes and to delete references to obsolete equipment and calibration procedures. Kristen Singer
(717) 787-2171255 - Messenger Services
67 Pa. Code,
Chapter 255Estimated promulgation, January 2013 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) 787-2171Chapter 427 - Public Transportation (Act 44 of 2008) Published for public comment March 2012, estimated final promulgation November 2012. Act 44 of 2008, Chapter 15, Sustainable Mobility Options, authorizes almost all public transportation funding programs for the Commonwealth. The legislation required the Department to develop regulations for several sections of the legislation. The temporary regulations were published in the Pennsylvania Bulletin on July 18, 2011. Permanent regulations were published on November 12, 2011. IRRC provided comments to Office of Chief Counsel. As of May 15, 2012, Offices of Chief Counsel is in the process of addressing the IRRC comments. LaVerne Collins
(717) 787-1214Chapter 101, Authorizing Appropriately Attired Persons to Direct, Control, or Regulate Traffic Estimated publication September 2012, as proposed The proposed regulation change is needed to be consistent with a Federal Highway Administration rule making (23 CFR Par 634: ''Worker Visibility Rule''—issued November 24, 2008). Matt Briggs
(717) 783-6268
Chapter 441 - Driveway/Local Road Regulations Fees Estimated publication July 2012, as proposed Allows sales agreement or mineral right owners to apply for permits, update sight distance requirements to AASHTO standards, relocate driveway designs to Publication 282 to allow immediate updates, allow driveway applications to be submitted by electronic submission, remove fees and fee structure from regulation and publish in Pennsylvania Bulletin, and update outdated references. Mike Dzurko
(717) 787-7350Chapter 459, Utility Regulation fees Estimated publication as proposed rulemaking, July 2012 Allow utility applications to be submitted by electronic submission, allows newest techniques in utility work to be used, remove fees and fee structure from regulation and publish in Pennsylvania Bulletin, and updating outdated references. Glenn Rowe
(717) 787-3620Chapter 443, Roadside rest areas Estimated publication as proposed rulemaking, July 2012. These amendments more clearly delineate what activities are prohibited and permitted at roadside rest areas. Terry Pearsal
(717) 787-0466
[Pa.B. Doc. No. 12-1280. Filed for public inspection July 6, 2012, 9:00 a.m.]
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