[43 Pa.B. 755]
[Saturday, February 2, 2013]
[Continued from previous Web Page]
Regulation Being Considered Proposed Date of Promulgation Need and Legal Basis for Action Agency Contact REVENUE Amendments to Estates & Trusts—
Personal Income Tax Regulations
61 Pa. Code,
Chapters 101, 103, 105 and 117June 2013, 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 121February 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 PIT and replace outdated language.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 901February 2013, 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 91December 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 (SGOC)
61 Pa. Code
Chapter 901aJune 2013, 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 Acts 2 and 184 of 2012. The proposed rulemaking will reorganize and clarify the SGOC regulations as well as incorporate necessary changes to implement Acts 2 and 184. Douglas Berguson
(717) 346-4633General Provisions
Application of Payments
61 Pa. Code
Chapter 5aJune 2013, 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 owed the Department. Douglas Berguson
(717) 346-4633General Provisions
Payments by Electronic Funds Transfer (EFT)
61 Pa. Code
Chapter 5Published at 42 Pa.B. 7279 (December 1, 2012), as final The Department promulgated a final-omitted rulemaking to implement a statutory change (Act 87 of 2012) that revised EFT payments required under § 5.3 from ''$20,000 or more'' to ''$10,000 or more.'' Douglas Berguson
(717) 346-4633STATE
Bureau of Professional and Occupational Affairs
—Telephonic Testimony—
49 Pa. Code Chapter 43b. (number not yet assigned)Fall 2013, as Proposed. This proposed rulemaking would provide rules for the admission of testimony received by telephone at hearings conducted by boards/commissions or hearing examiners. Statutory Authority: Section 3 of the act of July 2, 1993 (P. L. 345, No. 48) authorizes the Commissioner of Professional and Occupational Affairs 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) 783-7200Recording Devices—
49 Pa. Code
§§ 43b.101 and 43b.102 (16A-45)Fall 2013, 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. Cynthia K. Montgomery
(717) 783-7200State Board of Accountancy
—General Revisions—
49 Pa. Code
Chapter 11 (number not yet assigned)Fall 2013, as Proposed. 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 Sara Fox
(717) 783-1404State Architects Licensure Board
—Experience Requirement—
49 Pa. Code
§§ 9.41 and 9.46 (16A-4120)Summer 2013, 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 (d). Penny Walker
(717) 783-3397State Athletic Commission
—Mixed martial arts update—
58 Pa. Code
§ 29.30 (16-53)Spring 2013, as Final. 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)Summer 2013, as Proposed. The 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. Terrie Kocher
(717) 783-3397—Biennial Renewal Fees—
49 Pa. Code
§ 1.41 (16A-649)Spring 2013, as Proposed. 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). Terrie Kocher
(717) 783-3397State Board of Barber Examiners
—Fees—
49 Pa. Code
§ 3.103 (16A-428)Spring 2013, as Proposed. The proposed rulemaking would increase biennial renewal fees and fees for other board services to meet projected expenditures as required by law. Statutory Authority: Section 14 of the Barbers License Law, 63 P. S. § 564. Kelly Diller
(717) 783-3402General Revisions—
49 Pa. Code
Chapter 3 (16A-429)Fall 2013, as Proposed. 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. § 560. Kelly Diller
(717) 783-3402State Board of Chiropractic
—Chiropractic specialties—
49 Pa. Code Ch. 5
(16A-4312)Spring 2013, 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 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). Mary Sue Ferster
(717) 783-7155—Licensure by Reciprocity—
49 Pa. Code § 5.13
(16A-4320)Spring 2013, as Final. 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. Mary Sue Ferster
(717) 783-7155—Volunteer License—
49 Pa. Code § 5.20
(16A-4321)Summer 2013, 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 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) 783-7155—Child Abuse Reporting Requirements—
49 Pa. Code
§§ 5.91—5.96
(16A-4322)Summer 2013, 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 302(3) of the Chiropractic Practice Act, 63 P. S. § 62.302(3). Mary Sue Ferster
(717) 783-7155Corporation Bureau
—UCC Revised Article 9—
(16-35)Fall 2013, 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)Spring 2013, as Proposed. The proposed rulemaking 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)Fall 2013, 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. Kelly Diller
(717) 783-7130—Schedule of Civil Penalties—
49 Pa. Code, § 43b.5.
(number not yet assigned)Spring 2013, as Proposed. 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 Crane Operators
—Fees—
49 Pa. Code § 6.4
(16A-7102)Spring 2013, as Proposed. This proposed regulation would increase the biennial renewal fee for licensed crane operators. Statutory Authority: Section 701(a) of the Crane Operator Licensure Act, 63 P. S. § 2400.701(a). Penny Walker
(717) 783-1404State Board of Dentistry
—Anesthesia Update—
49 Pa. Code,
Subchapter E,
§§ 33.331—33.342
(16A-4621)Spring 2013, 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—Volunteer License—
49 Pa. Code § 33.110
(16A-4625)Summer 2013, as Final (proposed-
omitted).This regulation would amend the current volunteer license regulations to conform to amendments to the Volunteer Health Services Act. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o). Lisa Burns
(717) 783-7162—Child Abuse Reporting Requirements—
49 Pa. Code § 33.250
(16A-4626)Summer 2013, 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(o). Lisa Burns
(717) 783-7162—Biennial Renewal Fees—
49 Pa. Code § 33.3
(16A-4627)Spring 2013, 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). Lisa Burns
(717) 783-7162State Registration Board for Professional Engineers, Land Surveyors and Geologists
—Qualifications for Licensure—
49 Pa. Code
Chapter 37
(16A-4711)Spring 2013, 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). Robin Shearer
(717) 783-7049State Board of Funeral Directors
—Renewal; Continuing Education Enforcement—
49 Pa. Code
Chapter 13 (16A-4819)Spring 2013, 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). Heidy Weirich
(717) 783-3397—Schedule of Civil Penalties—Funeral Directors
49 Pa. Code § 43b.6 (16A-4820)Spring 2013, 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). Heidy Weirich
(717) 783-3397—Fees—
49 Pa. Code § 13.12
(16A-4822)Spring 2013, as Proposed. This proposed rulemaking would increase biennial renewal fees to meet projected expenditure as required by law. Statutory Authority: Section 18.1 of the Funeral Director Law, 63 P. S. § 479.18.1. Heidy Weirich
(717) 783-3397—Child Abuse Reporting Requirements—
49 Pa. Code
§ 13.301—13.307 (16A-4823)Summer 2013, 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). Heidy Weirich
(717) 783-3397State Board of Landscape Architects
—Continuing Education; Licensure without Examination—
49 Pa. Code
Chapter 15 (16A-6110)Spring 2013, as Proposed. 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)Summer 2013, 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(9) of the Landscape Architects' Registration Law, 63 P. S. § 904(9). Terrie Kocher
(717) 772-8528—Schedule of Civil Penalties—
Landscape Architects 49 Pa. Code
Chapter 43b. (16A-6120)Summer 2013, 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. Terrie Kocher
(717) 772-8528—Electronic Seals and Signing—
49 Pa. Code
Chapter 15 (16A-6121)Summer 2013, 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. Terrie Kocher
(717) 772-8528State Board of Massage Therapy
—Child Abuse Reporting Requirements—
49 Pa. Code
Chapter 20
(16A-722)Summer 2013, as Proposed. This proposed rulemaking establishes mandatory reporting requirements relating to 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 4(2) of the Massage Therapy Law, 63 P. S. § 627.4(2). Judy Harner
(717) 783-7155State Board of Medicine
—Licensure of Respiratory Therapists and Physician Assistants—
49 Pa. Code
Chapter 18 (16A-4930)Spring 2013, 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. Tammy Dougherty
(717) 783-1400—Certified Midwives—
49 Pa. Code
Chapter 18 (16A-4932)Fall 2013, 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. Tammy Dougherty
(717) 783-1400—Prescribing—
49 Pa. Code § 16.92
(16A-4933)Spring 2013, 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. Tammy Dougherty
(717) 783-1400—Volunteer Licenses—
49 Pa. Code
Chapter 16 (16A-4934)Summer 2013, 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. Tammy Dougherty
(717) 783-1400—Perfusionists—
49 Pa. Code
Chapter 18,
Subchapter J (16A-4935)Spring 2013, as Final. 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 perfusionists. Tammy Dougherty
(717) 783-1400—Licensure of Athletic Trainers—
49 Pa. Code
Chapter 18,
Subchapter H (16A-4936)Spring 2013, 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. 1110, No. 124). Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. Tammy Dougherty
(717) 783-1400—Genetic Counselors—
49 Pa. Code
Chapter 18 (16A-4937)Spring 2013, 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 authority of the Board. Tammy Dougherty
(717) 783-1400—CRNP Revisions—
49 Pa. Code
Chapter 18,
Subchapter C (16A-4938)Spring 2013, 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. Tammy Dougherty
(717) 783-1400—Use of Medical Lasers—
49 Pa. Code
Chapter 18,
Subchapter G (16A-4939)Spring 2013, as Proposed. This proposed rulemaking is intended to clarify the requirements for the use and delegation 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—Child Abuse Reporting Requirements—
49 Pa. Code
§§ 16.101—16.107 (16A-4941)Summer 2013, as Final (proposed-
omitted).This regulation updates the Board's existing regulation 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, 23 P. S. § 6383(b)(2); and section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8. Tammy Dougherty
(717) 783-1400—Schedule of Civil Penalties—
49 Pa. Code
§ 43b.20. (16A-4942)Spring 2013, 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). Tammy Dougherty
(717) 783-1400—Prosthetists, orthotists, pedorthists and orthotic fitters—
49 Pa. Code
Chapters 16 and 18 (Number not yet assigned)Spring 2013, as Proposed. This proposed regulation would implement Act 90 of 2012 to establish licensure of prosthetists, orthotists, pedorthists and orthotic fitters. Statutory Authority: Section 3 of the act of July 5, 2012 (P. L. 873, No. 90) directs the Board to promulgate regulations within 18 months. Tammy Dougherty
(717) 783-1400Navigation Commission for the Delaware River and its Navigable Tributaries
—General Revisions—
4 Pa. Code
§§ 405.7, 405.8 and 405.12 (16A-663)Spring 2013, 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 for 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
—Application Procedures—
49 Pa. Code
§ 21.151 (16A-5134)Fall 2013, 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. Cindy Miller
(717) 783-7142—Reactivation/ Re-licensure after Lapse—
49 Pa. Code
Chapter 21 (16A-5135)Summer 2013, as Proposed. This proposed rulemaking would set standards for the reactivation/relicensure 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. Cindy Miller
(717) 783-7142—Continuing Education—
49 Pa. Code
§§ 21.131—21.134 (16A-5136)Summer 2013, as Proposed. This proposed regulation will amend the Board's continuing education regulations to eliminate the ability of registered nurses to renew their licenses without completing their continuing education. Statutory Authority: Sections 2.1 and 12.1 of the Professional Nursing Law, 63 P. S. §§ 212.1 and 222. Cindy Miller
(717) 783-7142—Out of State Nursing Education Programs using Pennsylvania Clinical Sites—
49 Pa. Code
Chapter 21 (16A-5137)Fall 2013, 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. Cindy Miller
(717) 783-7142—Volunteer License—
49 Pa. Code
§§ 21.601—21.607. (16A-5139)Summer 2013, 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). Cindy Miller
(717) 783-7142—Child Abuse Reporting Requirements—
49 Pa. Code
§§ 21.501—21.507. (16A-5140)Summer 2013, 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); 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. Cindy Miller
(717) 783-7142State Board of Examiners of Nursing Home Administrators
—Sexual Misconduct—
49 Pa. Code
§§ 39.1 and 39.9 (16A-6211)Summer 2013, 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—Schedule of Civil Penalties—
49 Pa. Code
§ 43b.17 (16A-6213)Spring 2013, 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). Chris Stuckey
(717) 783-7155—Continuing Education—
49 Pa. Code
Chapter 39 (16A-6215)Fall 2013, 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). Chris Stuckey
(717) 783-7155State Board of Occupational Therapy Education and Licensure
—Continued Competency—
49 Pa. Code
§§ 42.50—42.58 (16A-677)Summer 2013, 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 Nurse Practitioners and Physician Assistants—
49 Pa. Code
Chapter 42 (16A-678)Spring 2013, 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). Judy Harner
(717) 783-1389—Child Abuse Reporting Requirements—
49 Pa. Code
Chapter 42 (16A-679)Summer 2013, 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. Judy Harner
(717) 783-1389—Code of Ethics—
49 Pa. Code
§ 42.24 (16A-6710)Summer 2013, 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). Judy Harner
(717) 783-1389—General Revisions—
49 Pa. Code
Chapter 42 (16A-6711)Spring 2013, as Proposed. This proposed rulemaking implements the act of July 5, 2012 (P. L.1132, No. 138), which amended the Occupational Therapy Practice Act. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b) directs the Board to adopt regulations consistent with law. Judy Harner
(717) 783-1389State Board of Optometry
—Schedule of Civil Penalties—
Optometrists
49 Pa. Code
Chapter 43b (16A-5212)Summer 2013, 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—Continuing Education and Prescriptions for Contact Lenses—
49 Pa. Code
Chapter 23 (16A-5213)Summer 2013, as Proposed. This proposed rulemaking would update the Board's regulations to conform to current practices. 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). Mary Sue Ferster
(717) 783-7155—Volunteer License—
49 Pa. Code § 23.26 (16A-5214)Summer 2013, as Final (Proposed-
omitted).This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act. Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14). Mary Sue Ferster
(717) 783-7155—Child Abuse Reporting Requirements—
49 Pa. Code
§§ 23.111—23.116 (16A-5215)Summer 2013, 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(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14). Mary Sue Ferster
(717) 783-7155State Board of Osteopathic Medicine
—Licensure of Respiratory Therapists and Physician Assistants—49 Pa. Code
Chapter 25 (16A-5321)Spring 2013, 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. Tammy Dougherty
(717) 783-4858—Volunteer License—
49 Pa. Code
§§ 25.601—25.607. (16A-5323)Summer 2013, 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. Tammy Dougherty
(717) 783-4858—Perfusionists—
49 Pa. Code
Chapter 25 (16A-5324)Spring 2013, as Final. The regulation would sets 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 Athletic Trainers—
49 Pa. Code
Chapter 25,
Subchapter M (16A-5325)Spring 2013, 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. Tammy Dougherty
(717) 783-4858—Child Abuse Reporting Requirements—
49 Pa. Code
§§ 25.401—25.416 (16A-5326)Summer 2013, 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. Tammy Dougherty
(717) 783-4858—Schedule of Civil Penalties—
49 Pa. Code
Chapter 43b. (16A-5327)Spring 2013, 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 a medical professional liability action. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). Tammy Dougherty
(717) 783-4858—Genetic Counselors—
49 Pa. Code
Chapter 25 (16A-5328)Spring 2013, as Proposed. This proposed rulemaking would implement the act of December 22, 2011 (P. L. 581, 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. Tammy Dougherty
(717) 783-4858State Board of Pharmacy
—Compounding Practices—
49 Pa. Code
Chapter 27 (16A-5419)Summer 2013, 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)Spring 2013, 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. Melanie Zimmerman
(717) 783-7156—Pharmacy Internship—
49 Pa. Code
Chapter 27 (16A-5424)Summer 2013, as Final. 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. Melanie Zimmerman
(717) 783-7156—Collaborative Management of Drug Therapy—
49 Pa. Code
Chapter 27 (16A-5425)Summer 2013, 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. Melanie Zimmerman
(717) 783-7156—Emergency Preparedness—
49 Pa. Code
Chapter 27 (16A-5426)Summer 2013, 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). Melanie Zimmerman
(717) 783-7156—General Revisions to Standards of Practice—
49 Pa. Code
§ 27.18 (16A-5427)Summer 2013, 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). Melanie Zimmerman
(717) 783-7156—Correctional Facility Drug Redistribution—
49 Pa. Code
Chapter 27 (number not yet assigned)Summer 2013, 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). Melanie Zimmerman
(717) 783-7156—Schedule of Civil Penalties—
49 Pa. Code
§ 43b.7 (number not yet assigned)Summer 2013, 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). Melanie Zimmerman
(717) 783-7156State Board of Physical Therapy
—Child Abuse Reporting Requirements—
49 Pa. Code
§§ 40.201—40.207. (16A-6515)Summer 2013, 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). Michelle Roberts
(717) 783-7134—Schedule of Civil Penalties—
49 Pa. Code,
Chapter 43b. (number not yet assigned)Summer 2013, 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). Michelle Roberts
(717) 783-7134State Board of Podiatry
—Certificate of Authority to Perform Acupuncture—
49 Pa. Code
Chapter 29 (16A-449)Spring 2013, 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—Volunteer License—
49 Pa. Code § 29.55 (16A-4411)Summer 2013, as Final (Proposed-
omitted).This regulation would amend the Board's volunteer license regulations to conform to recent amendments to the Volunteer Health Services Act. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15. Tammy Dougherty
(717) 783-4858—Child Abuse Reporting Requirements—
49 Pa. Code
§§ 29.91—29.97 (16A-4412)Summer 2013, 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. Tammy Dougherty
(717) 783-4858—Schedule of Civil Penalties—Podiatrists 49 Pa. Code
Chapter 43b (16A-4413)Spring 2013, 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. Tammy Dougherty
(717) 783-4858—Therapeutic Drugs—
49 Pa. Code § 29.41 (16A-4414)Spring 2013, 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. Tammy Dougherty
(717) 783-4858State Board of Psychology
—Continuing Education—
49 Pa. Code § 41.59 (16A-6317)Summer 2013, 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 2013, 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). Chris Stuckey
(717) 783-7155—Education and Experience—
49 Pa. Code § 41.31 (16A-6320)Fall 2013, as Proposed. This proposed rulemaking would clarify the education, examination and experience requirements. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2). Chris Stuckey
(717) 783-7155—Child Abuse Reporting Requirements—
49 Pa. Code
Chapter 41 (16A-6322)Summer 2013, 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). Chris Stuckey
(717) 783-7155State Board of Certified Real Estate Appraisers
—Schedule of Civil Penalties—
Real Estate Appraisers—
49 Pa. Code § 43b.15a (16A-7016)Spring 2013, 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. Heidy Weirich
(717) 783-4866—Appraisal Management Companies—
General Temporary Regulations—
49 Pa. Code
Chapter 36,
Subchapter D (16A-7017)Spring 2013, 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. Heidy Weirich
(717) 783-4866—Assessment Record Keeping and Reporting—
49 Pa. Code
§§ 36.201 and 36.265 (16A-7018)Spring 2013, as Proposed. The proposed rulemaking updates the Board's regulations to reflect current practice followed by assessment offices throughout the Commonwealth, and to assure consistency with Uniform Standards of Appraisal Practice (USPAP) and International Association of Assessing Officers (IAAO) standards of assessment practice. Statutory Authority: Section 3 of the Assessors Certification Act, 63 P. S. § 457.3. Heidy Weirich
(717) 783-4866State Real Estate Commission
—Advertising and Solicitation—
49 Pa. Code
§ 35.305 (16A-5620)Fall 2013, 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. Patricia Ridley
(717) 783-3658—Escrow requirements—
49 Pa. Code
Chapter 35 (16A-5622)Fall 2013, 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. Patricia Ridley
(717) 783-3658—Schedule of Civil Penalties—
49 Pa. Code § 43b.8 (16A-5623)Summer 2013, 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). Patricia Ridley
(717) 783-3658State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
—Schedule of Civil Penalties—
49 Pa. Code
Chapter 43b. (16A-6917)Spring 2013, as Final. 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 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—Continuing Education Audit and Enforcement—49 Pa. Code
Chapters 47—49 (16A-6918)Spring 2013, as Final. This proposed rulemaking would establish provisions for the enforcement of the continuing education requirements for licensed social workers, licensed clinical social workers, licensed marriage and family therapists and licensed professional counselors. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2). Sandra Matter
(717) 783-1389—Child Abuse Reporting Requirements—
49 Pa. Code
§§ 47.51—47.57 (16A-6919)Summer 2013, 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). Sandra Matter
(717) 783-1389—Biennial Renewal Fees—
49 Pa. Code § 47.4 (16A-6920)Spring 2013, as Proposed. The proposed rulemaking would increase biennial renewal fees to meet projected expenditures as required by law. Statutory Authority: Section18(c) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1918(c). Sandra Matter
(717) 783-1389—Qualifications for License—
49 Pa. Code
§§ 47.12c, 48.13 and 49.13 (16A-6921)Spring 2013, as Proposed. 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 qualifications for licensure of licensed 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). Sandra Matter
(717) 783-1389—General Revisions—
49 Pa. Code
Chapters 47—49 (number not yet assigned)Fall 2013, 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). Sandra Matter
(717) 783-1389State Board of Examiners in Speech-Language and Hearing
—General Revisions—
49 Pa. Code
Chapter 45 (16A-6803)Summer 2013, as Proposed. This proposed rulemaking would update 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—Child Abuse Reporting Requirements—
49 Pa. Code
§§ 45.401—45.407 (16A-6805)Summer 2013, 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 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2). Sandra Matter
(717) 783-1389—Termination of Grandfather Provisions—
49 Pa. Code § 45.21 (16A-6806)Spring 2013, 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). Sandra Matter (717) 783-1389 —Continuing Education—
49 Pa. Code Chapter 45. (16A-6807)Spring 2013, as Proposed. This proposed rulemaking is intended to clarify the continuing education requirements for licensees that hold more than one class of license issued by the Board. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2). Sandra Matter
(717) 783-1389State Board of Vehicle Manufacturers, Dealers and Salespersons
—Salesperson License—
49 Pa. Code
Chapter 19 (16A-609)Spring 2013, 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 2013, as Proposed. This proposed rulemaking 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) 783-1697State Board of Veterinary Medicine
—Facilities—
49 Pa. Code
Chapter 31 (16A-5720)Summer 2013, 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. Michelle Roberts
(717) 783-7134—Licensure of Euthanasia Technicians—
49 Pa. Code
Chapter 31 (number not yet assigned)Fall 2013, as Proposed. This proposed rulemaking is necessary to implement the act of October 24, 2012 (P. L. 1452, No. 182) (Act 182 of 2012) to authorize animal protection organizations to purchase, possess and administer euthanasia drugs and to license euthanasia technicians. Statutory Authority: Section 304(b) and (c) of Act 182 of 2012 direct the board to promulgate regulations within 18 months of the effective date of the act. Michelle Roberts
(717) 783-7134STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 247.51. Time for Recomputation of Annuity. (This would impose a time limit for annuitants to change the optional payment plan authorized by the second to the last sentence of 71 Pa.C.S. § 5907(j)). 2014 This would provide guidance on when an annuitant is permitted to change their optional payment plan. There is no time frame in the statute for this election to occur causing administrative difficulties including possibly permitting anti-selection of death benefits, requiring members to make a declaration under discontinued disability benefits and negating an option change absent another qualifying event. Brian McDonough, Esq.
(717) 787-7317
Sharon Smith
(717) 787-9657
David Durbin
(717) 783-72104 Pa. Code § 243.8. Membership rules for educational employees. 2014 This would clarify the requirements for membership and final average salary calculations for educational employees. Brian McDonough, Esq.
(717) 787-7317
Sharon Smith
(717) 787-9657
David Durbin
(717) 783-72104 Pa. Code § 245.4. Member contributions for the purchase of credit for previous State service or to become a full coverage member. (This would be amended to specify the effects of a service purchase or reinstatement.) 2014 This would clarify the effects of the reinstatement or purchase of previous State service.
An administrative decision has offered partial guidance in this area. This 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
Sharon Smith
(717) 787-9657
David Durbin
(717) 783-7210STATE POLICE
37 Pa. Code § 41.5
Designation of Emergency VehiclesJune 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
175—Vehicle Equipment and Inspection
67 Pa. Code
Chapter 175Final Rulemaking— Estimated Promulgation
May 2013Many 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 systems 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 23Proposed Rulemaking— Estimated Promulgation
June 2013The 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) 787-217117—Authorization to Verify ID Numbers
67 Pa. Code Chapter 17Final Rulemaking— Estimated Promulgation
May 2013Changes 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 71Proposed Rulemaking— Estimated Promulgation
December 2013The regulations will be updated to help ensure that school bus drivers diagnosed with various cardiovascular diseases are in stable condition. The regulations 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 & Mental Criteria—Including Vision Standards Relating to the Licensing of Drivers
67 Pa. Code
Chapter 83Proposed Rulemaking— Estimated Promulgation
December 2013The regulations will be updated 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) 783-5958105—Mechanical Electrical and Electronic Speed Timing Devices
67 Pa. Code
Chapter 105Proposed Rulemaking—
On Hold, pending analysisThe regulations are being updated to reflect changes in equipment technology relating to calibration and maintenance of speed timing devices used for law enforcement purposes and to delete references to obsolete equipment and calibration procedures. Kristen Singer
(717) 787-2171Chapter 427—Public Transportation (Act 44 of 2008) Final Rulemaking— Estimated Promulgation
March 2013Act 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, 2009. Permanent regulations were published on November 12, 2011. IRRC provided comments to Office of Chief Counsel. As of May 15, 2012, Office of Chief Counsel is in the process of addressing the IRRC comments. LaVerne Collins
(717) 787-1214Chapter 441 Driveway/Local Road Regulation Fees Final Rulemaking—
On holdAllows 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 PA Bulletin.
Updating outdated references.Mike Dzurko
(717) 787-7350Chapter 459
Occupancy of Highways by Utilities
67 Pa. Code
Chapter 459Proposed Rulemaking—
June 2013Allow 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 PA Bulletin.
Updating outdated references.Glenn Rowe
(717) 787-3620Chapter 101
Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic
67 Pa. Code
Chapter 101Proposed Rulemaking—
Estimated publication
June 2013The proposed regulation change is needed to be consistent with a Federal Highway Administration rule making (23 CFR Part 634: Worker Visibility Rule—issued November 24, 2008). Matt Briggs
(717) 783-6268Chapter 443
Roadside Rest Areas
67 Pa. Code
Chapter 443Final Rulemaking— On hold These amendments more clearly delineate what activities are prohibited and permitted at roadside rest areas. Terry Pearsal
(717) 787-0466175—Vehicle Equipment and Inspection
67 Pa. Code
Chapter 175Final Rulemaking— Estimated Promulgation
May 2013Many changes are needed to bring the regulations in line with changed in the Vehicle Code. Other changes include an initiative to update recertification requirements for safety inspectors and accommodate electronic record keeping of vehicle safety inspection findings. The changes will also allow for the utilization of laser guided systems to improve quality, efficiency and safety associated with snow plow and line painting operations. Kristen Singer
(717) 787-2171
James Smith
(717) 787-4299
[Pa.B. Doc. No. 13-202. Filed for public inspection February 1, 2013, 9:00 a.m.]
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